All posts in Community

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.

Speakers:
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.

When:
4/16/2018
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, https://en.wikipedia.org/wiki/For_sale:_baby_shoes,_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.

Results from the October 2017 Legal Specialist Examination Being Mailed

I am informed that the results from the October 2017 Legal Specialist Examination are being sent via U.S. mail today, March 15, right on schedule.  The pass rate for the examination overall was 74.9% compared to 75% during the 2015 examination.

Examinees will receive their results only via U.S. mail.  Those who do not receive their letters may request duplicate results on or after April 1, 2018.  For examinees who passed the examination, post-examination applications are available now on the Forms page.  They will need to file the applications or a request for an extension within eighteen months (April 24, 2019).  Consistent with past practice, no pass list is posted, and those who failed but had a score close to the pass line had their results automatically reconsidered before results were sent.

Congratulations once again on the successful administration of the 2017 Legal Specialist Examination!

Attorney Philip Layfield Arrested in New Jersey

Attorney Philip Layfield, partner at the firm of Layfield & Barrett, APC, now in chapter 7, case 2:17-bk-19548-NB, was arrested in New Jersey according to the Los Angeles Daily Journal.   According to the state bar complaint filed against him last September, he misappropriated more than $4 million from three clients.  Apparently there are many more clients claiming that he misappropriated their funds.

LA County Bar Program March 28, 2018 at Noon – Detecting Psychopaths in the Legal and Other Industries

Detecting Psychopaths in the Legal and Other Industries

Psychopaths make up 1% to 4% of the population. While serial killers tend to get the
most press, the high concentration of psychopaths in leadership positions and
businesses is a pervasive problem.

Learn about the specific traits of psychopaths and the professions with the highest percentages of
psychopaths to best be able to interview and detect psychopaths. This program will discuss: Read more…

cdcbaa Program on Student Loan Dischargeability on Saturday, March 17 at Southwestern Law School

This should be good.   The program is at Southwestern Law School, Westmoreland Building – 3rd Floor, 3050 Wilshire Boulevard, Los Angeles, CA 90010.  

Speakers are

SPEAKERS:

  • Leigh E. Ferrin, Esq. – Public Law Center
  • Christine E. Kingston, Esq.
  • Austin C. Smith, Esq.

Information on this exceptional panel follows: Read more…

Dean Prober RIP

Attorney Dean ProberEmail from my friend Lee Raphael,

It is with indescribable sadness that we inform our friends, clients, and business associates of the passing of Dean Prober, the firm’s senior partner and president. Dean passed away peacefully March 1, 2018, surrounded by his family after a heroic battle with cancer.

Dean was a graduate of UCLA and Southwestern School of Law. Dean’s passion for his practice and the law was second only to his unending love and devotion to his family, friends and co-workers. As one of the firm’s original partners, Dean worked tirelessly to build a law practice dedicated to the belief that you should never over promise to the client but instead do your darned best to surpass their expectations. The firm will carry on in Dean’s memory under the continued direction of managing partner Lee Raphael. Read more…