All posts in Community

Automatic Stay and Discharge Injunction Violations Program This Saturday – June 9, 2018 at 11am.

Saturday, June 9, 2018
11:00 a.m. to 1:00 p.m.
Southwestern Law School
 Automatic Stay and Discharge Injunction Violations
  • Christopher P. Burke
  • Raymond H. Aver
  • M. Jonathan Hayes, Moderator
     There have been two stunning decisions recently dealing with the common issue of violations of the automatic stay and the discharge injunction. The first is In re Sundquistwhere Judge Christopher Klein in Sacramento awarded $45 million in damages and sanctions against a bank that held a foreclosure sale notwithstanding the prior bankruptcy filing. In In re Marino, Judge Bruce Beesley in Reno, Nevada awarded $119,000 in sanctions and damages when the bank continued contacting the debtor post discharge.
     Attorney Christopher Burke represented the Debtors in the Marino matter. After the court awarded the sanctions, Chris sought attorneys fees of $33,000 which he was awarded and later another $8,000 when the attorneys fees were not timely paid.
     In addition, Chris has filed a class action suit in district court against Ocwen alleging violation of the Telephone Consumer Privacy Act (“TCPA”). Ocwen moved to dismiss on the basis that the bankruptcy court’s ruling was res judicata. The district court denied that motion. Marino v. Ocwen Loan Servicing, LLC, 2017 WL 3671294 (USDC, D. Nevada 2017).
     The panel will also discuss the new 9th Circuit decision of In re Taggart, April 23, 2018, which ruled that the subjective knowledge of the creditor is a defense to a charge of violation of the discharge injunction. Mr. Hayes is involved in the appeal of Taggart as amicus.
     2 Hours of MCLE Credit Provided.
Registration: 10:00am – 11:00am
cdcbaa Membership Meeting: 10:30am – 11:00am
Program: 11:00 am – 1:00 pm
On-site parking $10.00  ”

LA County Bar Program on Fraudulent Transfers – June 12, 2018

Fraudulent and Voidable Transfers Update: Bankruptcy and Superior Courts 

Presented by: Remedies and Commercial Law & Bankruptcy Sections
Program Date: 

Tuesday, June 12, 2018

Los Angeles County Bar Association
1055 W. 7th Street, Suite 2700
Los Angeles, CA 90017
Please join us for a lively discussion on avoiding and defending fraudulent transfers under the Bankruptcy Code and Uniform Voidable Transfers Act in Bankruptcy and Superior courts.

Hon. Julia Brand – U.S. Bankruptcy Court
Jason Wallach, Esq. – Gipson Hoffman & Pancione
Richard Burstein, Esq. – Brutzkus Gubner Seror Rozansky Weber LLP
Tim C. Hsu, Esq. – Allen Matkins Read more…

Bankruptcy Inn of the Court Meeting – June 12, 2018

Join our hosts,
Anthony Friedman, Inn President and Honorable Neil Bason, Program Moderator on  
Tuesday, June 12, 2018
for the final installment of  The James T. King Bankruptcy Inn of Court Year
we will be meeting at 6:00 p.m. for the reception and 6:30 p.m. dinner at
Taix French Restaurant
1911 W. Sunset Blvd. 
Los Angeles, CA 90026
with a 
presentation by pupillage team 6 
“Chapter 11 Plan Issues and Confirmation Hearing” Read more…

Ethics and Getting Paid – Prof. Nancy Rapoport – July 21, 2018

Prof. Nancy Rapoport is our guest speaker along with Judge Erithe Smith for the cdcbaa Fifth Annual Jim King Bankruptcy Symposium.  Below is her top 15 most downloaded articles.  They can all be downloaded here.



Lord of the Flies (1963): Development of Rules Within an Adolescent Culture

SCREENING JUSTICE – THE CINEMA OF LAW: SIGNIFICANT FILMS OF LAW, ORDER AND SOCIAL JUSTICE, Rennard Strickland, Teree E. Foster & Taunya Lovell Banks, eds., William S. Hein & Co., 2006, UNLV William S. Boyd School of Law Legal Studies Research Paper No. 08-21
Number of pages: 23 Posted: 05 Dec 2006 Last Revised: 29 May 2008
Nancy B. Rapoport
University of Nevada, Las Vegas, William S. Boyd School of Law

Enron, Titanic, and the Perfect Storm

Fordham Law Review, Vol. 71, p. 1373, 2003
Number of pages: 23 Posted: 10 Feb 2004
Nancy B. Rapoport
University of Nevada, Las Vegas, William S. Boyd School of Law

LABF Night with the Judges Coming Up – June 4, 2018

The Los Angeles Bankruptcy Forum is pleased to host its Annual Night with the Judges
on Monday, June 4, 2018, at The L.A. Hotel Downtown.
Come meet and greet a number of bankruptcy judges from the Central District of California who, following dinner, will each discuss a recent case with special meaning either to the judge or to our practice.  Our distinguished panel will again be moderated by the Hon. Sheri Bluebond, Chief Bankruptcy Judge of the U.S. Bankruptcy Court for the Central District of California.  This year our panelists will be:
Hon. Martin R. Barash
Hon. Neil W. Bason
Hon. Sheri Bluebond
Hon. Julia W. Brand
Hon. Scott C. Clarkson
Hon. Victoria S. Kaufman
Hon. Sandra R. Klein
Hon. Robert N. Kwan
Hon. Barry Russell
Hon. Erithe A. Smith
  Young Professionals Networking at 5:00 p.m.
Members: $95.00
Non-Members: $130.00
Government: $45.00
At door: Add’l $10.00
Doors open at 6:00 pm
Dinner at 6:45 pm
Program at 7:30 pm
Lights out at 8:45 pm
The L.A. Hotel Downtown
333 S. Figueroa St.
Los Angeles, CA

Class-action lawsuit against student loan giant brings hope to borrowers in bankruptcy

A recent article from Jillian Berman about a pending student loan class action in Texas.  This will have consequences for consumer debtors.  To read the MarketWatch article, follow the link here.



SFVBA Program – Litigation Strategies

Email from Steve Fox:

Dear All:

We have a really practical program, put on by Judge Russell and Scott Bovitz, on litigation strategies when your clients are short of money.  We have all had this problem, a client in litigation who needs to do things on the cheap (relatively speaking) and cannot afford to pay us to handle the litigation in a first class manner.  Scott and the Judge have spoken to the bankruptcy section a few times.  They put on a good show, they teach and we learn.

Come and learn, pick up a few nuggets which could help you.  Enjoy the company and the food.  Unlike other bar associations, parking is free and the program charge is ½ what all of them charge.

Here are the program particulars: Read more…

L.A. County Bar Assoc. Program on Bankruptcy Crimes (April 16)

Bankruptcy Crimes – the distinguished panelists will discuss the provisions of the United States Criminal Code that deal with bankruptcy cases, as well as recent litigated case outcomes and statistics. This is an important course for bankruptcy and criminal law practitioners alike because it analyzes the intersection between the U.S. Criminal Code and the Bankruptcy Code.

Honorable Sandra R. Klein, United States Bankruptcy Court, Central District of California
Monica Tait, Assistant U.S. Attorney, Office of the United States Attorney
Jill Sturtevant, Assistant U.S. Trustee, Office of the United States Trustee
Thomas P. Jeremiassen, Development Specialist, Inc.

Registration/Lunch: 11:30 a.m.
Program: 12:00 – 1:00 p.m.

Read more…

Bovitz – O’Halloran Writing Contest at California Bankruptcy Forum

Email from Scott Bovitz,

Mike O’Halloran and I are the sponsors of a lighthearted contest at each California Bankruptcy Forum.  Bankruptcy judges tell us that we should write shorter briefs and motions.  In 2018, we are challenging CBF attendees to write a bankruptcy brief or story — in exactly nine words.  See,,_never_worn (“…While lunching with friends at a restaurant … Hemingway bets the table ten dollars each that he can craft an entire story in six words. After the pot is assembled, Hemingway writes “For sale: baby shoes, never worn” on a napkin, passes this around the table, and collects his winnings.”)  We think that bankruptcy professionals will need three more words than Ernest Hemingway.

Nice cdcbaa Program on Student Loans

Austin smith program








Leigh Ferrin from Public Law Center, Austin Smith and Christine Kingston.

I have to admit that I have told many debtors and prospective debtors that student loans are almost never discharged.  I definitely have a new view after the cdcbaa program last Saturday.  Loans made by the government, guaranteed by the government or made by a non-profit organization are clearly “student loans” and are not discharged unless the substantial hardship works.  But all other loans, made to students for the purpose, at least in part, of attending school, are not necessarily “student loans.”   The loan has to be an “educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986.”  Take a look at that code section.  The loan must be made by an “eligible student,” at an “eligible institution,” and for “eligible expenses.”  Loop holes all over the place there.