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.

One of those cases will remind those of you when you should be requesting attorneys’ fees of the other side.  For all bankruptcy attorneys, a second case will consider the problem of filing claims based on time barred debts.  A third case the panel intends to discuss is ideal for those attorneys in chapter 11 practice whether you are on the debtor’s or the creditor’s side.  In this third case, a party has confirmed a plan and your client wants to appeal, to block the plan.  Equitable mootness gets in the way most of the time. The panel will look at a recent 9th Circuit case addressing equitable mootness (in the context of a channeling injunction).

The panel will address five cases, more or less, meaning that instead of a quick 30 second blurb, there will be detailed discussion about each case and its issues.  The quality of the presenters is very high.  The value of the content even higher.  You can have lunch and exercise your brain all at the same time.  I encourage all of you to sign up and to attend the program.

Here are the particulars:

Located:              San Fernando Valley Bar Association Read more…

LABF Program – Annual State of the Court Presentation – October 15, 2018

LOS ANGELES BANKRUPTCY FORUM
EDUCATIONAL PROGRAM

October 15, 2018

ANNUAL STATE OF THE COURT PRESENTATION

Join us for a special presentation by the Honorable Sheri Bluebond on the state of the U.S. Bankruptcy Court for the Central District of California, and what we can expect in the next year.

The Aftermath of Jevic and the Survival of Structured Dismissals and Settlements

After Chief Judge Bluebond’s presentation, our panel will discuss the aftermath of the United States Supreme Court’s ruling in Czyzewski v. Jevic Holding Corp., and whether class-skipping settlements and structured dismissals have survived. The panel will focus on opinions from courts around the country that have addressed these issues since the United States Supreme Court ruling.

Panelists:
Honorable Scott Yun – United States Bankruptcy Judge, Central District of California, Riverside Division
Eric D. Goldberg – Partner, DLA Piper
Whitman L. Holt – Partner, Klee, Tuchin, Bogdanoff & Stern LLP
Mette H. Kurth – Partner, Fox Rothschild LLP Read more…

Judge Scott Clarkson to Give Lecture on Dutch Artist Rembrandt van Rijn

On October 25, 2018 at 12 noon to 1 pm Judge Scott Clarkson will give a lecture on the life and 1656 bankruptcy of the Dutch artist Rembrandt van Rijn.  It is a lecture and powerpoint presentation that will be held in the Ronald Reagan Federal Building and Courthouse, 411 West Fourth Street, Santa Ana, Room 4078, Located in the USBC Intake Department, which is found by taking the escalator up to the 2nd floor.

This is a preview of the lecture he is giving at the Denver Art Museum on November 30.  Rembrandt Lecture Flier

OCBA’s 5th Annual Consumer Bankruptcy Law Update – October 23, 2018

I have been given the honor of moderating the Orange County Bar Assn’s 5th Annual Consumer Bankruptcy Law Update on Tuesday, October 23, 2018 from 5:30 p.m. – 7:30 p.m. at Chapman University School of Law.   OCBA will be providing a summary of all published case law from the Bankruptcy Appellate Panel, District Court, 9th Circuit Court of Appeals, and US Supreme Court since April last year to now.

Judges Theodor C. Albert, Catherine A. Bauer, Mark D. Houle, Erithe A. Smith, and Mark S. Wallace and Michael J. Hauser of the Office of the US Trustee will be on the panel to discuss key cases.

BAP Reverses Judge Bluebond’s $400,000 Stay Violation Award — Taggart All Over!

In an unpublished BAP opinion of The Preserve LLC, Judge Bluebond awarded the Chapter 7 Trustee and his attorneys $400,000 for a stay violation.  The BAP reversed saying the wrong procedure was used (adversary proceeding in lieu of motion) and that a trustee is ineligible to receive damages under section 362(k) because the trustee is not an “individual” within the meaning that section.  Instead, a trustee can recover damages for a stay violation for a sanction for civil contempt, which is a different standard.   I read Judge Bluebond’s original order and it was really well thought out with findings of facts and conclusions of law, I am surprised at the BAP’s reversal.   The Taggart case is all over this.

The BAP opinion does a great job breaking down the difference between the standard for awarding damages for civil contempt versus the standard for awarding damages under § 362(k).

Read more…