Program on the New Bankruptcy Forms – Michael O’Halloran

I have signed up for this program.  Michael O’Halloran is a great speaker and worth listening to.   The registration link is here.

The New Bankruptcy Forms – What Both Debtors and Creditors Need to Know About the New Forms
Thursday, May 12, 2016, 12 noon - 1 p.m.This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Bankruptcy Law.  

This program will highlight the differences between the new national bankruptcy forms applicable as of December 1, 2015 and those that had been in use for the past 20 years.  There are many new questions that ask for information that was not expressly called for previously.  Creditors and trustees will learn new facts and should have a more complete view of the debtor, her life and previous personal and financial activity. Speaker: Michael O’Halloran

Out of the Mouths of Babes – and a Response from the Cynical Old Lawyer

A young lawyer, working in a big firm – marble floors – $47 bucks to park type firm – told me recently that he likes the writing part of his job and the analysis, appeals, motions.  He said “the fact development part of the job isn’t as fun.”  I laughed, “That’s 80% of what we do.”  We work and work, trying to figure out what the real story is/was – what really happened.  My favorite part is finding out what really happened from your client for the first time at trial on the witness stand when he suddenly decides he better tell the truth.  And – the old guy wails, “the story will never be better than the first day you hear it, the initial meeting with your new client.”  That day the client tells you “what happened,” and you say, “Well based on all of that, you have a great case.”  The only thing the client will ever remember is you said it was a great case.

He cleared up the whole world for me calling it “the fact development part of the job.”  The skies opened.

Kings game is about to start.  Go Kings Go!

Why Not Go With Eight Members on the Supreme Court?

I had the huge privilege of attending the Central District Judicial Conference annual meeting in Ojai last weekend.  I took a bunch of notes and have some interesting stuff to write about.  I will put it all into a couple of blog posts over the next few days.

The first program was called “Panel Discussion: Top Supreme Court Cases to Watch” featuring Deanell Tacha, Duane and Kelly Roberts Dean and Professor of Law at Pepperdine Law School, and Professors Robert J. Pushaw and Barry P. McDonald – all three obvious constitutional pros with the ability to talk constitutional law talk in plain English.  The cases they discussed will be a separate blog.   Read more…

Law Week at the L.A. Law Library

email from Maggie Bourdeaux,

Hi,

We would greatly appreciate your help in spreading the word about Law Week at the L.A. Law Library.

DAP will be doing a bankruptcy basics overview on Thurs., 4/28 at 12:00.  However, there are many interesting programs in different areas of law–including landlord tenant law, criminal law, immigration law, and probate law. You can find more information about Law Week and how to register at:

This is a great opportunity for you and/or your staff to learn about a new area of law and all the programs are FREE.

Thank you!

Maggie

Congratulations to Ori Blumenfeld

Professor,
Just wanted to let you know that I was recommended to the University’s school board.  Such an honor.  Hope all is well.
Ori S.  Blumenfeld, Esq. Read more…

Loyola Law School (My Alma Mater) Gets New Dean

Loyola Law School’s 18th Dean
Dear Loyola Law School Alumni: Read more…

Program on Creditor’s Committees – April 26, 2016 at Noon – with Judge Martin Barash

The Creditors Committee: Ethical Traps for the Unwary and the Not So Unwary!

The panel will address ethical considerations underlying selection of a creditors’ committee, employment of committee counsel, solicitation by committee counsel candidates, required disclosures by committee counsel, and the consequences of failure to comply with ethical requirements.

Program Title: 
The Creditors Committee: Ethical Traps for the Unwary and the Not So Unwary!

Presented By:
Commercial Law & Bankruptcy Section Read more…

Involuntary Bankruptcy – Nice Summary of the Basics

This is a skit prepared by Peter Lively, Hale Antico and others for presentation to the Inn of the Court on November 18, 2014.  It was a rousing success.  It explains very nicely how this very scary area of bankruptcy law works.  Why is it scary?  Attorneys fees and sanctions are almost mandatory if the petitioning creditors are wrong and the case is dismissed.

James T. King Bankruptcy Inn of Court

 November 18, 2014

Involuntary Bankruptcy Petition Trial

Presented by Teams 2 & 6 Read more…

Nice Profile of Judge Martin Barash From the ILC

From the State Bar Insolvency Law Committee:  The article can be accessed here.

Dear constituency list members of the Insolvency Law Committee:

The following is the second in a series of profiles of Ninth Circuit bankruptcy judges.  Judge Martin R. Barash and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, transition to the bench, and other issues of interest.

Personal and Professional Background Read more…

Reviewing the Anti-Deficiency Rules

I was reading an article today about the Heritage Financial litigation that has been going on the past few years – until Heritage filed chapter 7 in Texas.  I want to remind myself of the existing anti-deficiency rules in California and the anti-fraud rules.

C.C.P. § 726(g)

(g) [the right of a lender to sue for fraud] does not apply to loans secured by single-family, owner-occupied residential real property, when the property is actually occupied by the borrower as represented to the lender in order to obtain the loan and the loan is for an amount of one hundred fifty thousand dollars ($150,000) or less, as adjusted annually, commencing on January 1, 1987, to the Consumer Price Index as published by the United States Department of Labor.

The anti-deficiency rules apply to 1) land-sale contracts, 2) purchase money loans from the seller of the property, 3) purchase money loans from lenders on SFR or less than 4 units including refis of those loans. Read more…