Chamber Building
110 West C Street
San Diego, CA 92101

Bankruptcy Court

Bankruptcy Court Structure and Jurisdiction

Continuing the approach of the Act, the Reform Act established the bankruptcy courts as adjunct courts of the United States district courts. The Commission's proposal for, new independent bankruptcy courts created under Article III of the Constitution proved to be politically impossible and was abandoned during the legislative process. However, the new bankruptcy courts were of substantially increased stature and expanded jurisdiction. Instead of being appointed by the district court judges for six-year terms, as was the case under the previous Act, bankruptcy judges were to be appointed by the President for fourteen-year terms with increased salary and staff support.

In a most significant change from prior law the new bankruptcy courts had expanded jurisdiction to hear all matters arising in bankruptcy cases. Under the previous Act the bankruptcy courts had authority to hear only matters within their summary jurisdiction once they were faced with a litigant's timely objection to jurisdiction. Disputes over summary and plenary (non-bankruptcy court) jurisdiction were time-consuming and often resulted in denial of effective relief to debtors or trustees on largely technical grounds. If the circuit court of the respective circuit so elected, appeals could be taken to a panel of three bankruptcy judges within the circuit rather than to the district court. The appeals from the panel, or from the district court if no panel is established, are to the circuit court. The Bankruptcy Reform Act of 1994 amended 28 USC 158 to provide for bankruptcy appellate panels in each circuit unless the circuit council opts out. The 1984 Amendments materially altered the court structure and jurisdiction of the bankruptcy courts. The bankruptcy courts are now a division of the district courts, hearing matters by general or specific reference from the district courts. Bankruptcy judges are appointed by the by the court of appeals for the circuit for fourteen year terms. Bankruptcy proceedings are divided into core proceedings which the bankruptcy judge may hear and determine and non-core proceedings which may be heard by the bankruptcy judge but are subject to de novo review by the district court. The jurisdictional and procedural aspects of the 1984 Amendments are discussed in Chapter 2.

San Diego, California

Welcome to San Diego, California's second largest city. Where blue skies keep watch on 70 miles of beaches and a gentle Mediterranean climate begs for a day of everything and nothing. Bordered by Mexico, the Pacific Ocean, the Anza-Borrego Desert and the Laguna Mountains, San Diego county's 4,200 square miles offer immense options for business and pleasure.

Bankruptcy: A legal declaration

Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors. Creditors may file a bankruptcy petition against a debtor ("involuntary bankruptcy") in an effort to recoup a portion of what they are owed. In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the bankrupt individual or organization).

Chapter 7	Chapter 13
Are you spending almost all of your income to pay living expenses?	Are you behind on your home loan? (Need to stop foreclosure and save your home)
Are creditors calling and demanding money that you need to feed yourself and your family?	Do you owe taxes or student loans that do not meet the requirements for a discharge?
Is there no money left to pay credit cards, medical debt or judgments?	Do you want to protect a friend or relative who co-signed for you?
Are wages needed for living expenses being garnished by a creditor?	Do you need to bring current child or spousal support payments?
Was your debt incurred involuntarily, as by sudden calamity or illness?	Do you have debts incurred by reason of drunk driving or fraud?
Have you had a recent job loss or a marital break-up?	Do you need to protect non-exempt assets?
Have you suffered emotional distress from creditor harassment and are you eligible for relief under 7?	Have you previously filed Chapter 7 within the last eight years?

About Us

The bankruptcy attorneys of the Pacific Bankruptcy Center, serve clients in Southern California, including San Diego County, San Bernardino County, and Riverside County; and the cities of San Diego, Riverside, San Bernardino, Chula Vista, National City, El Cajon, La Mesa, Mission Bay, Hillcrest, Ramona, Julian, Escondido, San Marcos, Vista, Oceanside, Encinitas, Solana Beach, Del Mar, Rancho Bernardo, Rancho Santa Fe, La Jolla, Pacific Beach, Ocean Beach, Little Italy, Old Town, Mira Mesa, North Park, Temecula, and Carlsbad.

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Bankruptcy News

Chapter 7, stop foreclosure, stop harrassment, stop repossessions, stop telephone calls, stop lawsuits, stop utility shutoff's, stop annoying debt collectors, unfreeze bank accounts, regain your financial future, wipe out debt, chapter 13, "0.00 down with a wage order and balance paid through a trustee as part of the payment plan and not paid directly to the attorney, stop foreclosure and other legal proceedings, cram down secured liens,cure over extension of credit, overspending,eliminate medical debt.