San Fernando Valley Bar Association Bankruptcy Section Meeting, Friday, November 9, 2018 at lunch

Email from Steve Fox

Dear All:

It is really nice when I can announce a program that will appeal to wide variety of bankruptcy attorneys.  This is one of those programs.  Jeff Hagen will be leading a discussion about several Ninth Circuit, Ninth Circuit BAP and Central District cases which address consumer debtor cases.  One opinion by the 9th Circuit, the Goudelock case, runs 100% counter to the position I advocated in a CDCBAA article some 10 years ago.  In another case, the Ninth Circuit considered whether the IRS could shield itself from liability from an alleged 362 violation.  The outcome may surprise you.  Jeff’s cases examine issues of importance to both creditors and debtors.

Judge Kaufman has picked a number of litigation cases for our consideration.  She will lead that discussion.  One case, Lamar, is problematic for all of us attorneys.  The judge will also lead a discussion about the Taggert case which, depending on one’s perspective as a creditor or as a debtor, has either evened the playing field or is a ruling rife with injustice.

Finally Andy Goodman also has some fun cases.  In one case, the secured creditor purchased unsecured claims to block plan confirmation in a chapter 11 case.  Can that creditor do this?  Come and find out.  In another case, the chairman had a salary of just under $800,000 annually.  He filed a claim for about $250,000 for unpaid monies during the case.  The optics look bad.  The result for the chairman?  Come and find out.

So the program is good.  Not only that, the materials are relatively hefty.  Here are the particulars: Read more…

Bankruptcy Filings for September, 2018

Bankruptcy filings were down again a little in September.

2018 2017 2016 2015 2014
Jan 2,741 2,839 2,872 3,364 4,704
Feb 2,708 2,795 3,299 3,829 4,574
March 3,363 3,782 3,923 4,496 5,430
April 3,277 3,209 3,584 4,486 5,364
May 3,226 3,384 3,484 3,971 5,500
June 2,981 3,252 3,545 3,966 4,386
July 3,057 2,953 3,239 3,731 4,701
Aug 3,337 3,387 3,543 3,544 4,540
Sept 2,772 3,071 3,168 3,493 4,317
Oct 3,170 3,235 3,751 4,554
Nov 3,004 3,025 3,531 3,642
Dec 2,416 2,902 2,718 3,733
Total 27,462 37,262 39,819 44,880 55,445

New Median Income Amounts Effective After November 1, 2018

Census Bureau Median Family Income By Family Size

(Cases Filed On or After November 1, 2018) Read more…

Volunteers Needed for 41st Annual Los Angeles County Mock Trial Competition

Neat event that I have signed up to volunteer for:

Over 2,600 students are preparing to try the case of People v. Klein in the 41st Annual Los Angeles County Mock Trial competition. The competition is in need of hundreds of attorneys and bench officers to help make this a memorable learning experience for these students.  All trials will be held at the Stanley Mosk Courthouse in Downtown Los Angeles and are scheduled to begin at 5:00 p.m. Refreshments will be available. Flyer is attached.

Please consider volunteering your time on one or more of the dates below by signing up here.

  • Senior Round 1 – November 5 – 135 Volunteers Needed
  • Junior Round 1 – November 7 – 80 Volunteers Needed
  • Senior Round 2 – November 13 – 139 Volunteers Needed
  • Junior Round 2 – November 15 – 124 Volunteers Needed
  • Senior Round 3 – November 26 – 54 Volunteers Needed

For more information contact:
Sean-Michael Ramirez – Program Coordinator
Constitutional Rights Foundation
601 S. Kingsley Drive
Los Angeles, CA 90005
(213)316-2109
Sean-Michael@crf-usa.org
www.crf-usa.org

FBA 15th Annual Bankruptcy Ethics Symposium – November 16, 2018

Email from my friend Joe Boufadel,

Specialists:

Good morning. I’m chairing this year’s Federal Bar Association’s 15th Annual Bankruptcy Ethics Symposium on Friday, November 16, 2018 at the Roybal Federal Building (3.5 hours of legal ethics).  This year, we have another great line-up of speakers and programs. I know many of you have attended in the past, and I encourage all of you to attend again. If you have any questions, please feel free to contact me.  Thank you.

            Click here to register online

            Click here for flyer and additional event information

FBA’s 15th Annual Bankruptcy Ethics Symposium

Friday, November 16, 2018

Time: 9:00 a.m.

Roybal Federal Building, Conference Room 283

255 E. Temple St, Los Angeles, CA 90017 Read more…

What a Crock! Turns Out Only 0.5% Public Service Participants Qualify For Loan Forgiveness

Around Fall of 2007, Pres. Obama’s administration came out with a program that allowed some students to have their loans forgiven if they worked for a “public service jobs” for 10 years.   Ten years later, these students who worked for 10 years at low paying jobs — are having their applications for loan forgiveness denied because the “public service job” they were doing for 10 years was not a “public service job” in the eyes of the Dept. of Education anymore.

Of 20,521 applications for loan forgiveness — only 96 borrowers were approved.  That is less than 1% !

The definition of “public service job” had changed throughout the year and the servicers misled borrowers by saying mischievously, “oh absolutely, you still qualify….keep paying that loan.“  I feel bad for these people — hopefully Congress fixes this (not holding my breathe).

Can you imagine after 10 years of working — you are told, “sorry, you don’t qualify but thank you for your service.  Next in line!“  That’s a bunch of crock and makes me so angry.

The original article by legal contributor Alan White on CreditClips can be found here.

“Notice waived?”

This may seem odd to share but you’ve heard it before at a hearing: “.…notice waived your honor?

On CourtCall this morning, the judge said something interesting.

The matter was continued and counsel for non-moving party said, “thank you, notice waived?”

The judge paused and said politely, “was that a question…..because notice can only be waived by the non-moving party since it was the moving party who brought the motion.  By asking it as a question you are asking the moving party to waive notice.   So, in lieu of asking “notice waived (question mark)” the non-moving party’s counsel should say it as an affirmative statement — “notice waived (period)”  The moving party would ask it in a question “notice waived?”

Read more…

DAP Offering Online Training for Court’s Loan Mod Pilot Program

Online Trainings for Court’s Loan Mod Pilot Program
DMM, the program manager for the Bankruptcy Court’s Loan Modification Management Pilot Program (“LMM”), is offering online training seminars on the use of the web portal. (All times Pacific).
  • Thurs. 10/23 at 1 p.m.
  • Wed. 10/24 at 11 a.m.
  • Thurs. 10/25 at 10 a.m.

State Bar Seeks Public Comment on Amending California’s Legal Malpractice Insurance Rules

The State Bar is seeking public comment on options under consideration as part of its statutorily mandated malpractice insurance study. The deadline to submit public comment is November 5, 2018.  Currently, malpractice insurance is not required for attorneys licensed in California. However, attorneys without this insurance are required to disclose this fact to clients for whom legal representation will exceed four hours.

The State Bar is currently seeking public comment on the following options regarding malpractice insurance for attorneys licensed in California:

  • Amending rules to require attorneys to disclose to clients that they do not carry legal malpractice insurance;
  • Mandating legal malpractice insurance for attorneys as a condition of licensing, except for in-house counsel and government attorneys;
  • Developing a Continuing Legal Education or Practice Management program that provides an interactive self-assessment of law practice operations in an effort to examine legal malpractice liability;
  • Mandating such a program for attorneys who choose not to carry insurance;
  • Promoting the voluntary purchase of insurance.

Additional details, including how to submit public comment, can be found here. 

SFVBA Program This Friday October 12, 2018

Email from Steve Fox:

Dear All:

The bankruptcy section is back for its 2018-2019 season.  The first program up is a really unique program.  It will exercise our brains and give us some good food for thought, and good stuff to use in our law practices.  Daniel J. Bussell of Klee, Tuchin (and a law professor at UCLA), Whitman Holt (a partner at Klee Tuchin) and Judge Barash will speak on a small number of selected appellate cases. Read more…