[Congressional Record Volume 149, Number 76 (Wednesday, May 21, 2003)]
[Extensions of Remarks]
[Page E1005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE NEED FOR UNITED STATES BANKRUPTCY COURT PROCEEDINGS TO OCCUR ON A 
                 DAILY BASIS IN BAKERSFIELD, CALIFORNIA

                                 ______
                                 

                         HON. WILLIAM M. THOMAS

                             of california

                    in the house of representatives

                         Tuesday, May 20, 2003

  Mr. THOMAS. Mr. Speaker, I rise today to introduce legislation that 
would authorize the creation of an additional bankruptcy court for the 
United States District Court for the Eastern District of California. 
The legislation would also express that it is the sense of Congress 
that bankruptcy proceedings should be conducted in Bakersfield in Kern 
County, California on a daily basis.
  Very simply, I am introducing this legislation because my 
constituents have informed me that neither they, nor justice, is well-
served by the status quo, under which Bakersfield is designated as a 
location where court is conducted once a month, with other matters 
disposed of through the use of video/teleconferencing.
  According to constituent attorneys familiar with both the creditor 
and petitioner perspectives, one particularly significant problem is 
the distance that parties must travel in order to personally appear in 
the Fresno Division of the United States Bankruptcy Court for the 
Eastern District of California. Kern County encompasses a vast area, 
and those persons involved in contested proceedings who wish to be 
heard in Fresno must travel 110 miles from Bakersfield. Moreover, 
429,310 of Kern County's 676,367 residents live in outlying communities 
and areas, and must travel much further to be heard in Fresno.
  For example, those persons living in the communities of Boron, 
Frazier Park, or Rosamond with business before the Bankruptcy Court 
have to travel 172, 143, and 160 miles respectively to appear in 
Fresno. If those persons could appear in Bakersfield, they would only 
have to travel less than half as far--80, 37, and 57 miles 
respectively--and would be relieved of some of the hardships and costs 
inherent in traveling such distances. This travel is especially 
difficult for those parties who are sick, elderly, or have small 
children.
  While a video/teleconferencing system is in place, I am told the 
system works well only approximately 70 percent of the time and that on 
occasion the video goes out, leaving only teleconferencing. My 
constituent attorneys firmly believe that appearances through the use 
of the video/teleconferencing system, not only decrease the decorum of 
the proceedings, but also decrease the parties' ability to effectively 
communicate, resulting in proceedings that are less efficient and fair 
than proceedings conducted in person before a live court and witnesses. 
In addition, Kern County attorneys inform me that because practitioners 
cannot file documents in Bakersfield, Kern County parties incur 
increased costs in the form of overnight or courier charges and face de 
facto shortened deadlines. Finally, the status quo also results in the 
almost automatic conduct of short proceedings via video/
teleconferencing as well as the conduct of proceedings through a 
mixture of live and video/teleconferencing appearances, a practice 
which Kern County practitioners advise me places the parties they 
represent at a distinct disadvantage.
  A strong case exists for the daily conduct of bankruptcy proceedings 
in Bakersfield when one considers the number of filings submitted by 
Kern County parties and general demographic data. In 2002, Kern County 
parties made 4,168 total bankruptcy filings, and through March 31, 
2003, have made 1,042 total filings. During those time periods, total 
filings in the entire four-county Modesto Division were 5,045 and 1,324 
respectively. Moreover, Kern County's 4,168 total filings in 2002 were 
greater than the 3,696 total filings in Fresno County and constituted 
over one-third of the 11,912 total filings in the entire eight-county 
Fresno Division. Finally, nationwide there are approximately 700,000 
people per bankruptcy court, and Kern County, one of the fastest 
growing areas in the nation, has a population in excess of 676,000. By 
comparison, Stanislaus County, where the Modesto Division is located, 
has a population of 468,566.
  I trust that my colleagues and the appropriate United States Judicial 
Conference officials will recognize the need to have bankruptcy 
proceedings conducted in Bakersfield on a daily basis and will work 
with me to ensure that our legal system is structured in a manner that 
allows for the effective and fair administration of our bankruptcy 
laws.

                          ____________________