Archive for 'Arturo Cisneros'

Second call at bankruptcy hearing

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Second Call

Chapter 7 Trustee Arturo Cisneros conducts his Riverside division hearings at the same building as the US Trustee has offices. The hearing room is on the first floor of the red brick building located at 3801 University Ave., Room 101 or 103, Riverside, CA 92501.

I mention this because there is not a day that goes by where debtors go to the wrong building. The US Bankruptcy Court is located at 3420 12th Street, Riverside, CA 92501 which is about ...

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Vacation and the Bankruptcy Attorney

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It is the beginning of August and I am sitting in Riverside Trustee Arturo Cisneros’ 341(a) hearings. As usual the trustee is his efficient self and we have plenty of time between the hourly calendars. (This helps my clients as they have forgotten their Social Security proof and now have to scamper back home to get the proof.)

As I sit here waiting, I realize that my vacation is around the corner and ponder the three reasons a bankruptcy attorney and ...

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In re: Bellingham–Bankruptcy Judge’s Power

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July 19, 2014 Cdcbaa’s First Annual James T. King Bankruptcy Symposium

 

Last Saturday I attended a fascinating seminar hosted by the Los Angeles cdcbaa on

In re Bellingham: From the Insiders

Speakers were Hon. Richard Paez, Ninth Circuit Court of Appeals

Hon. Meredith Jury, USBC, Riverside Division

Prof. John Pottow, University of Michigan School of Law and the the discussion was lead by M. Jonathan Hayes, Esq., Simon Resnick Hayes ,LLC.

Lack of Jurisdiction of a Bankruptcy Judge that was raised in the United States Supreme ...

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Chapter 7 Trustee Red Flags

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Arturo Cisneros is a chapter 7 trustee in the Riverside Division on the Central District of California. Among his duties are to review the debtor’s petition to scan for errors and to make sure the debtor qualifies for a chapter 7 instead of a chapter 13. If the debtor should be in a chapter 13, then the matter is referred to the US Trustee’s office for determination of the proper class.

Here are some “red flags” that will trigger a referral ...

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521 Debtor’s Duties

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Chapter 7 Trustee Arturo Cisneros reviews the debtor’s Statement of Intention. If the debtor says that he is surrendering a vehicle, then the Trustee wants the vehicle to be surrendered prior to the meeting of creditors. If the vehicle is not surrendered, then he asked that it be surrendered within 10 days and that a letter be sent to the creditor to have the vehicle picked up. Trustee Cisneros also asks that a letter be sent to him ...

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Recycled Credit Counseling Certificate Part 3

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In the Recycled Credit Counseling Certificate Chronicles we discussed from the last two days, Judge Houle had a debtor that tried to use an old Certificate of Counseling to file her current case.  The US Trustee brought a motion to have her case  dismissed.  Riverside Bankruptcy Trustee Arturo Cisneros will refer cases to the US Trustee in the Riverside Division with similar facts.

In this case the Judge Dismissed the case with a bar to refiling.

Dismissal with a Bar:

UST argues that ...

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Trustee Conflicts

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Riverside Chapter 7 Trustee Arturo Cisneros is the also a named partner in a large firm that deals with representing mortgage creditors. From time to time Mr. Cisneros will be assigned a chapter 7 bankruptcy case as a Chapter 7 Trustee while the debtor has a mortgage with a client that Mr. Cisneros’ firm represents.

Mr. Cisneros’ staff is very good about running a conflict check and immediately notifying the debtor’s counsel, the debtor, the court and all the ...

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Valuing Real Property

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Riverside Bankruptcy Chapter 7 Trustee Arturo Cisneros asks the debtors at the meetings of creditors “How did you value your real property?” The operative word is “value”. This question is not “how much is your real property worth?” The question is how did you come up with the “value” that you placed in your petition? Mr. Cisneros knows the “value” your client placed in the petition. What he wants to know is the thought processes that went into ...

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Taxes To Trustee Before the Hearing

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Chapter 7 Trustee Arturo Cisneros will not conduct the meeting of creditors without the tax returns. Mr. Cisneros follows the bankruptcy code which states that the tax returns must be in the trustees office at least seven days before the meeting of creditors. If the client does not have the taxes with him at the hearing, then his matter is put at the end of the calendar. Most times the attorney will have a copy of the taxes ...

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BAPCPA Memories

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This begins the eighth year after BAPCPA went into effect. On October 17, 2005, the new bankruptcy law went into effect. I asked Riverside Bankruptcy Trustee Arturo Cisneros what he remembered about that day and the pre-BAPCPA days. He said that the clerk’s office handled the crush very efficiently. He remembered the lines out the door and when the hearings came that he had to conduct his meetings of creditors in Judge Jury’s Courtroom as the Courthouse was ...

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