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Accell Advisor
Summer is the Time to Trim Palm Trees
By Villa Park Landscape

The

Trimming palms is different than that of conventional tree trimming practices. Most trees are pruned in winter but palms should be pruned in summer when they are actively growing; allowing the palm to replace leaves that are being removed. We recommend pruning only the oldest leaves below the eight and four oclock positions, if you view the palm head as a clock. palms damage. removed, Removing completely brown without the causing flower significant fruiting fronds can clean up the look of your When brown fronds are and

Bankruptcy Basics What You Need to Know


By David Swedelson, Esq. and Alyssa Klausner, Esq., Swedelson & Gottlieb

It should be no surprise to anyone that the Great Recession has caused a significant amount of people to fall into serious debt, and many have filed bankruptcy. This is having a significant impact on many community associations efforts to collect delinquent assessments. Just how big of an issue is bankruptcy in California? The Central District of California (CDC) is among the busiest bankruptcy courts in the U.S. The CDC serves over 18 million people in southern and central California, the largest federal judicial district by population. The CDCs mission statement is To provide, efficiently, justice to all parties affected by bankruptcy in the most populous and diverse district in the country. A whopping 142,407 bankruptcy cases were filed in the CDC in 2010 (a 31% increase from 2009), greatly outnumbering the 14,330 bankruptcy cases filed in the Southern District of New York in 2010. The percentage of bankruptcy filings increased nationally by 13.8% from 2009-2010. It is no wonder we are seeing so may requests from our clients seeking assistance with a bankruptcy matter of a delinquent owner and to obtain relief from the bankruptcy automatic stay so that the collection process can continue, something we were rarely asked to do before the recession. Because the
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structures can also be removed, which will prevent problems with fruit stains on sidewalks and lowers chances of trip
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THE ACCELL ADVISOR

SUMMER 2012

Bankruptcy Basics
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recession is not really over for California community associations, as there is still a significant amount of homes that are or will be in foreclosure for some time to come, it is important that board members and association management understand the basics of what bankruptcy is all about. Personal bankruptcy is a legal way to give people with overwhelming debt a fresh financial start. Many people do not realize that there are five types of bankruptcy options available under the U.S. Bankruptcy Code; however, for most consumers, there are really only two viable options; Chapter 7 and Chapter 13 bankruptcy, although many middle-class homeowners are being forced out of the comparatively simple Chapter 13 process into a Chapter 11 bankruptcy simply because they have too much debt and the Chapter 11 rules work poorly for individuals (more on that later). Chapter 7 bankruptcy is entitled, Liquidation. In a Chapter 7 bankruptcy, a court-supervised procedure occurs during which a court-appointed Trustee determines whether the debtor has any assets that can be liquidated in order to pay the debtors creditors while allowing the debtor to retain certain exempt property, which is commonly the debtors residence. Generally, is a Chapter 7 case, there is little or no non-exempt property that can be liquidated, and therefore most Chapter 7 cases are no-asset cases, which means that there are no assets that can be liquidated for the benefit of creditors. In the unusual case where the Chapter 7 is an asset case, the associations need to take steps in order to protect their rights and ensure that they are on e of

the creditors who will receive a distribution. For example, in a Chapter 7 asset case, the association would have to submit a Proof of Claim before the claim deadline. Moreover, if the association recorded a lien on the Unit prior to the delinquent owners bankruptcy, then the association is a secured creditor who is entitled to a higher priority in the distribution process (i.e. in many instances, only the secured creditors receive a distribution, and unsecured creditors often do not receive anything). Additionally, the bankruptcy case does not eliminate the associations lien recorded on the property prior to the delinquent owners bankruptcy, and therefore the association retains the right to foreclose on the unit even after the delinquent owners bankruptcy is over. This is why it is so important to community associations to record assessment liens as soon as possible so the association is considered a secured creditor, which would allow the association to continue to collection process and foreclose on the unit, home or lot. In almost all Chapter 7 bankruptcies, the debtor will be granted a discharge that releases them of personal liability for most unsecured and dischargeable debts. The entire process normally takes just about 6 - 8 months from the time the bankruptcy petition is filed. Chapter 13 bankruptcy is entitled, Adjustment of Debts of an Individual with Regular Income, which basically means repayment. Chapter 13 bankruptcy is traditionally used for people who have a regular source of income or a full-time job, and therefore they may not qualify for
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Palm Tree Trimming


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hazards to pedestrians. Palms will also continue to redirect nutrients from aging leaves into new growth. Even yellowing leaves are valuable to palms, providing nutrients, especially potassium. If you remove yellow leaves, you will actually accelerate the yellowing and eventual death of healthy greed palm fronds, the only source of essential nutrients. Trimming palms requires a great deal of technique and knowledge; consult your arborist to ensure great care is taken in pruning your palms as to promote plant health and mimic nature.

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THE ACCELL ADVISOR

SUMMER 2012

Bee Tips and Information


SWARMING Swarming is mainly a spring/summer occurrence, although swarms can happen throughout the producing season. Bees tend to swarm near their hives or honeycombs; if a swarm is visible then a nest might be nearby. The reason for swarming is likely due to congestion/over-population of the nest. Chances are the swarm has found a new home, and it may make several stops before finally arriving. Swarms are usually not aggressive unless something is perceived as a threat to the colony, so it is important to keep a good distance between you and the swarm. If you see a swarm, stay away from the area and wait to see if the swarm leaves. If the bees are there for 24 hours, you should call a professional to remove the bees.

By Erik Johnson, Crown Pest Management

it is important to know that a bee will not dig out an entrance to a new hive; rather they will use the existing openings and holes for the hive. If the bees do not find a safe site to nest they will continue to swarm until all of the workers and drones are depleted.

REMOVAL Removal is performed in early a.m. or evening hours. This is when the bees are at rest as well as being least aggressive and safe for all involved. Bee and hive removal should not be attempted by unlicensed individuals. It is a very dangerous procedure and requires proper equipment to ensure complete removal and no return. It is also important to remember the openings should be patched and repaired within 2-3 days from the removal date. Bee removals are most effective when performed prematurely since bees rest and swarm in one location for an extended period of time, giving the idea that the bees are building a colony. If the bees feel provoked, they will use their stingers and release a pheromone to alert the other bees of the threat, which may result in a large bee attack. Spotting a beehive or swarm for the first time may be intimidating.


PREPARING TO SWARM When bees prepare to swarm they will send out scout bees in search of a suitable area for the bees to cluster outside of the hive, they will settle on a tree limb, bush, or other convenient site. From that cluster, the bees will move to their final nest site. Rarely, will swarms begin comb construction in the open, this may occur only if a suitable cavity cannot be found. Beehives can be found in a plethora of locations,

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THE ACCELL ADVISOR

SUMMER 2012

Bankruptcy Basics
Chapter 7 (since the rules were adjusted in 2005). For many people, Chapter 13 is preferable to Chapter 7 because it allows the debtor to keep some assets. A Chapter 13 bankruptcy allows the debtor to repay creditors (through the bankruptcy trustee) over time, while retaining their possessions and property and making payments to creditors. This time traditionally varies from three to five years. In a Chapter 13 case, the debtor proposes a Chapter 13 Plan with regard to the repayment of the debtors pre-bankruptcy petition debts. This type of repayment proposal takes place at a confirmation hearing, at which time the court will either approve or disapprove the Plan. If the debtor owes money to the association prior to the bankruptcy filing, it is important to determine whether the debtor has included the association in the debtors Chapter 13 Plan, and if the amounts included are correct. If the association recorded a lien prior to the debtors bankruptcy, then the association is a secured creditor that should be included in the Plan. However, if the association is not included, it is up to the association to take the necessary steps to protect itself, including the filing of a Proof of Claim and filing an Objection to the Plan prior to the Confirmation of the Plan. Unlike Chapter 7 bankruptcy, the debtor does not receive an immediate discharge of their debts. Under Chapter 13 bankruptcy, the debtor must complete the repayment plan before the discharge is granted; however, while the bankruptcy is pending, the debtor is protected from lawsuits, garnishments, and other creditor action while the plan is in effect (due to the automatic stay). In Chapter 13 bankruptcies, the debtor may end up paying back 50% or more of their current debts, and 100% of secured debts, which again confirms just how important it is for associations to get liens recorded against delinquent owners property. Additionally, if the debtor misses a regularly scheduled payment at any time during their Chapter 13 bankruptcy repayment plan, they could end up in violation of the court and have their bankruptcy case dismissed such that they would have to repay all their debts!

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Unfortunately, it is a fact that in most cases, debtors do not complete their Chapter 13 bankruptcy repayment plans. Most people filing Chapter 13 bankruptcies think they will be able to complete their repayment plan; however, only about a third of them actually do. Since the economic downturn, many property owners are being forced out of the comparatively simple Chapter 13 process simply because they have too much debt. The Chapter 11 Bankruptcy (like a Chapter 13 Bankruptcy but for individuals with higher net worth and/or higher amount of debt) rules work poorly for individuals, and many of the lawyers who represent consumer debtors don't understand those rules. Under current limits, pegged to the consumer price index, a debtor cannot use Chapter 13 if he or she has more than $1,081,400 in secured debt, such as a mortgage, which is not that unusual in Southern California. Even more typical is a debtor with a second mortgage, which no longer is backed by any real value in the property. Bankruptcy courts classify that second mortgage as unsecured, which can easily push the debtor over Chapter 13's limit on unsecured debt of $360,475. Many people do not realize that if they own a home with a sizable amount of equity, have a fair amount of assets to protect, or have co-signers on a loan, they most likely will not be able to file Chapter 7 bankruptcy under current law. With recent changes in bankruptcy law, it will be even more difficult to file for bankruptcy. But many still are, and many of them seem to live at the community associations we represent.

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