San Fernando Valley Bar Association — Bankruptcy Section Program: Judge Russell and J. Scott Bovitz on Sec. 523(a)(2)(A)

I went to the presentation that Scott Bovitz and Judge Russell gave last year at the San Fernando Valley Bat Assoc. and it was amazing — Steve Fox sent out the following info re their program this year: 

We try each year to have Judge Barry Russell and J. Scott Bovitz speak about Section 523(a) issues of interest. They are an entertaining and informative pair. They educate; they delight; they teach and we learn. Here is a summary of material of what this duo will discuss:

• Tips for litigating fraud cases under 11 U.S.C. §523(a)(2)(A)” will be of interest to both debtors and creditors.
• Key cases under Section 523(a)(2)(A),.
• Venue issues which can arise.
• Working with the judge.
• How an economically strapped debtor might defend in the action.
• What pre-trial motions, discovery issues, etc. might an economically strapped debtor employ?
• How can a creditor prove false pretenses or actual fraud in the absence of direct evidence of a debtor’s intent? What are the creditor’s best sources of evidence while at the same time keeping a creditor’s legal fees in check?
• Some of the best ways to evaluate and settle 11 U.S.C. §523(a)(2)(A) claims (The story of the escrowed “fall on my sword” debtor’s declaration.
• Settling a section 523(a)(2)(A) claims when there are section 727 claims for relief attached. Perhaps mediation?
• At the pre-trial stage, how can you best help the judge prepare for trial? What does the judge want to see at trial?
• Trial tactics. The pros and cons of trial declarations for direct versus live direct testimony.
• Finally, some tips on making the record, keeping track of exhibits, and trial organization.

Bovitz and Russell have decades of experiences under their belts and they will have plenty of valuable nuggets and gems for attending attorneys.

Read more…

Gerry McNally RIP

Image result for gerald mcnally attorneyDear Friends and Colleagues:

Some of you already know that our colleague Gerry McNally passed away recently.  I was able speak to a staff member at his office this morning to get more detail.  Gerry passed away January 16, 2017 from a massive stroke.  He is survived by his wife, two children and two stepchildren.

Services will be held on February 18, 2017 at 1:00pm at the Church of Scientology, Advanced Organization Building, 1306 L. Ron Hubbard Way, Los Angeles.  For those of you unfamiliar with the area, the church is just west of Vermont on Sunset, across from the Kaiser Hospital.

If you have any questions or concerns, please contact me.


Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law

Court is Asking for Local Students to Participate in 9th Circuit Civics Contest

The U.S. District and Bankruptcy Courts for the Central District of California are encouraging high school students to participate in the 2017 Ninth Circuit Civics essay and video competition (the “Contest”).

The theme of the Contest is “Not to be Forgotten: Legal Lessons of the Japanese Internment.”  Students are asked to relate the legal history of the Japanese internment to current government efforts to protect the nation against terrorism.  The focus is on constitutional conflicts that can arise when national security and individual rights are both at stake. Student winners will receive cash prizes and other recognition.

For more information, please review the attached flyer.

Sixth Annual LCL 5K Benefiting Public Counsel’s Debtor Assistance Project!

Registration is now open for the Sixth Annual LCL 5K Benefiting Public Counsel’s Debtor Assistance Project (“DAP”)!

For over 17 years, Public Counsel’s DAP has helped thousands of individuals and families struggling under crushing debt loads navigate the bankruptcy system. The DAP provides greatly needed pro bono legal services to close to 3,000 individuals and families every year.

This premier event is happening on Saturday, April 22 at 8 am at beautiful Dockweiler Beach in Playa Del Rey!   The 5k is an all flat, 100% ocean front, chip-timed course that will be enjoyable for everyone from elite runners to casual walkers (strollers welcome).  Free race photo downloads will be available for all participants.  Easy parking in the beach lot at the race start or free parking on Vista del Mar.  We are limited to 400 participants so please register soon, before the race fills up!

When you register, you have the option of choosing individual or team registration. Either way, you are eligible for an individual AG medal if you place top 3 in your division. Register with a team to also qualify for the Fastest Team and/or Biggest Team award. You can join an existing team or create a new team.

Get pumped at the start and celebrate your finish with some great post-race snacks (Krispy Kreme Donuts, gluten free Bonk Breaker Bars, and vegan Lenny+Larry’s Cookies) as well as bananas and water.   Finisher medals will be awarded to all finishers, and Age Group Medals will be given to the top 3 finishers in each age group (5 year AG categories from 15 and up). Trophies will be awarded to top overall male, top overall female champions.  Prizes will be awarded to top male and female in selected categories.  We will have beautiful tech race shirts for all advance registrants.  Shirt and medal design will be posted on the website soon! Enjoy a very special morning while benefiting Public Counsel.

To register or make a donation, copy and paste this link into your browser:

For sponsorship information, please contact Course map and registration information also available at

State of Washington & State of Minnesota v. Trump

From Judge Martin Barash

For those of you that may be interested in following the Ninth Circuit appeal of the TRO enjoining the President’s executive order regarding immigration, here’s a link to the public webpage containing the case docket. This page contains links to all of the legal briefs filed in the appeal–on all sides of the issue–as well as the orders of the Ninth Circuit Court of Appeals. The final reply brief of the government is due later today, at 3pm Pacific.

The link is here.

cdcbaa 9th Circuit Review Video Conferencing Went Very Nicely

We had a pretty big crowd again at the 9th Circuit Review last Saturday at Southwestern Law School.  The classroom on the third floor was definitely full.  Judge Zurzolo and Judge Taylor were great.

We set up the program for video conferencing.  I say “we,” but Peter Lively did the work.  We had 8 or 9 people attend the program by video conference and the feedback was pretty good.  It wasn’t perfect but it will be a little more perfect on February 11.  I think I’m going to try it myself.  If you sign up and connect, you can sit at your computer at home or in the office and watch and listen to the speakers – live.  There is a Zoom app for smart-phones and tablets, so viewing can be from anywhere.

To attend the programs by video conferencing you just need to get a free account at  Then you send an email to Peter Lively at  He will send you the materials for the program and the link the night before the program.  You must be a member of the cdcbaa as always to attend but there is no further cost after that.  The sign-in sheets and MCLE certificates are processed through emails with Linda after the program.

Give it a try.




Good Time to Join the Business Law Section of the State Bar

Note from the Business Law Section, Insolvency Law eBulletin:
January 30, 2017
Dear Attorney,

Now is the perfect time to join the Business Law Section (BLS) of the State Bar and take advantage of all the BLS membership benefits, including up to 6.0 hours of free Ethics MCLE self-study.  The State Bar has extended the MCLE compliance and reporting deadline for those with last names beginning with N-Z (Group 3)  to March 1, 2017, so it is not too late to get those much needed credits if you join today.

Your Business Law Section membership will include: Read more…

Brown Bag on the Loan Modification Management Program – Feb 6, 2017 at Roybal

Judges Barash and Bason are going to host a brown bag lunch presentation on the Loan Modification Management Program (“LMM”) currently in the pilot phase in cases pending before Judges Barash, Bason, Bauer, Brand and Yun.  The luncheon will be held on 2/6/17 at 12:00 p.m. at the Roybal building.    This is the link to the event page on the Court’s website.

I highly recommend attending this.  The courts need our input.  If they don’t get our input, they are flying blind to some extent.  There is certainly the desire on the part of the courts to help.

See you there.

Judge Erithe Smith Calendar This Week

Dear Colleagues:

The Court announced that:  “I am sorry to report that Judge Erithe Smith’s mother has just passed away.  Judge Smith will be continuing all of her hearings this week.  

Keith Higginbotham

Bankruptcy Specialist Exam Coming Up in October 24, 2017

The California Legal Specialist Examination is a one-day examination that will take place on:

Date:    Tuesday, Oct. 24, 2017

Location:  Northern California – Oakland Convention Center
Southern California – Pasadena Convention Center

Examination Fee:  Special pricing for registration will be offered this year. The examination registration fee is $100 if valid payment is received on or before May 1. The fee increases to $250 on May 2 and to $350 on Sept. 2. Registration deadline is Oct. 2. Read more…