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Chapter 13 Statistics?
I recall that approximately two years ago, at one of the CDCBAA meetings,
Judge Vincent Zurzolo said that only 3 percent of the Chapter 13 cases
complete their payment plan. This figure includes the cases that are filed
in pro per and also the cases filed just to stall foreclosure for a short
time. Thus, the success rate for cases filed by attorneys are properly
higher. But he provides no breakdown on the numbers.
I recall that approximately two years ago,at one of the CDCBAA meetings, Judge Vincent Zurzolo said that only 3 percent of the Chapter 13 cases complete their payment plan. This figure includes the cases that are filed in pro per and also the cases filed just to stall foreclosure for a short time. Thus, the success rate for cases filed by attorneys are properly higher. But he provides no breakdown on the numbers.
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Sounds like we should just shut down the Chapter 13 process then as it
is 99% inefficient, at least at getting discharges, which is not the
whole story, but.... Given the cash flow problems that are coming up
now since judges are putting out confirmation hearings to the end of the
year, maybe we should form a group of attorneys to abolish Chapter 13
altogether. There may be more money in debtor prisons and it may be
more efficient.
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The 1 percent figure is amazing; I had heard a judge a few years back say
that only a third of chapter 13 plans are completed. Now I read that less
than 1 percent of confirmed plans are completed. This changes my world view
greatly.
Where does the 1 percent figure come from?
John D. Faucher
Hurlbett & Faucher
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
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On 4/13/11 10:52 AM, "James T. King" wrote:
>
>
>
>
>
> The number is still accurate for confirmed cases in the Central District. It
> does not take into account pro pers that never get a case confirmed or debtors
> who dont appear at the 341. That is why I said CONFIRMED CASES.
>
>
> Steven B. Lever
> Sent: Wednesday, April 13, 2011 10:32 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chapter 13 Statistics?
>
>
>
> I think the 1% figure is highly misleading for legitimate cases with good
> representation because there are so many garbage cases filed that dont even
> have the debtor appear at the 341A hearing, plus lots of pro se debtors who
> are incompetent to represent themselves despite having valid intentions that
> horribly distort the statistics. I believe a stable, employed debtor has an
> 80 to 90% chance of obtaining a discharge in normal economic conditions. We
> are presently not in such economic conditions as income stability has been
> undermined by the recession, but I still give the legitimate case with good
> representation a better than 50/50 chance.
>
>
Of
> Giovanni Orantes
> Sent: Wednesday, April 13, 2011 10:17 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 13 Statistics?
>
>
>
> That wouldn't be surprising. However, I think that percentage will improve in
> light of the Ch. 13 plans stripping second liens, which require the plan to be
> confirmed and/or discharge to be received - people have greater incentive at
> this time.
>
> On Wed, Apr 13, 2011 at 10:14 AM, Sujin Kim wrote:
>
>
>
> Does anyone know what percentage of Chapter 13 filers receive a discharge?
> For some reason, I remember reading that the national average was only 15%.
> Is this accurate?
>
> Sujin Kim
> Attorney
> Hope Law Group
> 601 S. Figueroa St., Suite 4025
> Los Angeles, CA 90017
> Tel: (213) 255-5753
> Fax: (213) 596-3824
>
>
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
>
>
>
>
charset="ISO-8859-1"
The 1 percent figure is amazing; I had heard a judge a few years back say that only a third of chapter 13 plans are completed. Now I read that less than 1 percent of confirmed plans are completed. This changes my world view greatly. Where does the 1 percent figure come from? John D. FaucherHurlbett & Faucher
The post was migrated from Yahoo.
That's staggering. I've only had one Chapter 13 case in the last 15
years not complete after confirmation, and that's because the debtor
died. I must be doing something right (or wrong...)?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
The number is still accurate for confirmed cases in the Central
District. It does not take into account pro pers that never get a case
confirmed or debtors who don't appear at the 341. That is why I said
CONFIRMED CASES.
The post was migrated from Yahoo.
I think the 1% figure is highly misleading for legitimate cases with
good representation because there are so many garbage cases filed that
don't even have the debtor appear at the 341A hearing, plus lots of pro
se debtors who are incompetent to represent themselves despite having
valid intentions that horribly distort the statistics. I believe a
stable, employed debtor has an 80 to 90% chance of obtaining a discharge
in normal economic conditions. We are presently not in such economic
conditions as income stability has been undermined by the recession, but
I still give the legitimate case with good representation a better than
50/50 chance.
The post was migrated from Yahoo.
That wouldn't be surprising. However, I think that percentage will improve
in light of the Ch. 13 plans stripping second liens, which require the plan
to be confirmed and/or discharge to be received - people have greater
incentive at this time.
On Wed, Apr 13, 2011 at 10:14 AM, Sujin Kim wrote:
>
>
> Does anyone know what percentage of Chapter 13 filers receive a
> discharge? For some reason, I remember reading that the national average
> was only 15%. Is this accurate?
>
> Sujin Kim
> Attorney
> Hope Law Group
> 601 S. Figueroa St., Suite 4025
> Los Angeles, CA 90017
> Tel: (213) 255-5753
> Fax: (213) 596-3824
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
That wouldn't be surprising. However, I think that percentage will improve in light of the Ch. 13 plans stripping second liens, which require the plan to be confirmed and/or discharge to be received - people have greater incentive at this time.
On Wed, Apr 13, 2011 at 10:14 AM, Sujin Kim <hopelawgroup@yahoo.com> wrote:
Does anyone know what percentage of Chapter 13 filers receive a discharge? For some reason, I remember reading that the national average was only 15%. Is this accurate?Sujin KimAttorney
Hope Law Group601 S. Figueroa St., Suite 4025Los Angeles, CA 90017Tel: (213) 255-5753Fax: (213) 596-3824
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.