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SFVBA Program This Friday – Supreme Court Opinions – Ahart and Hayes

Email from Steve Fox (obviously not written by me)

Dear All:

Friday’s bankruptcy program is the annual program on Supreme Court opinions.  What none of you get to enjoy (but I do) is the spirited back and forth discussion and argument which the two panelists, Judge Ahart and Jon Hayes, have had by email arguing about cases, what they mean and whether they have importance to bankruptcy practitioners.

Judge Ahart and Jon Hayes will discuss Lamer, Archer and its impact on litigation under Section 523(a)(2)(A).  They will also discuss the Village at Lakeridge opinion.  While the opinion itself may not seem that exciting, the standard of appellate review, it is important to us as practitioners because it is a good primer for when a trial is over and either your client or the other side intends to take an appeal.  The opinion is a good place to start when you have to tell your client about the standard of review on appeal.  Though the opinion is from 2016, Husky continues to reverberate and so the panel will go back to Husky and talk about what it held and its impact on practitioners.   Jon Hayes and Judge Ahart will also take a look ahead at cases being argued this term at the supreme court.  One case being argued comes out of the 9th Circuit, the Taggart case.  This is such an important case given the ruling which, in my opinion, interjects uncertainty for both creditors and debtors.

The panel is spirited.  You could not fall asleep at this program even if you brought a pillow.

Here are the particulars: Read more…

Bankruptcy Litigation Clinic – Woodland Hills

 Announcement

A bankruptcy litigation clinic will be held at the San Fernando Valley division on Friday, December 14, 2018 and on Friday, January 11, 2019.  The two hour programs will begin at 10:00 a.m.

Designed for people who have already filed a bankruptcy petition to address the following issues:

  • After filing for bankruptcy, have you been served with a lawsuit?
  • Are you trying to collect, but the debtor filed bankruptcy?
  • Were you served with a Motion, such as Relief From Stay?
  • Are your creditors ignoring your discharge?
  • Do you have overwhelming medical debt?
Reservations are not required, however, the program may be limited to the first 6-8 people attending.
Sponsored by:
Neighborhood Legal Services of Los Angeles County and the University of West Los Angeles – School of Law, 9201 Oakdale Avenue, Chatsworth, CA 91311

Annual Holiday Party Hosted by the Los Angeles Bankruptcy Forum — December 3, 2018

Annual Holiday Party Hosted by the Los Angeles Bankruptcy Forum — December 3, 2018 6:00 to 9:00 p.m. – Angel City Brewery | 216 Alameda Street, Los Angeles, CA 90012

Cost: Members of Sponsoring Group: $100 (cdcbaa!) | Non-Members: $135 | Government Employees/Students: $45 | At door: Add’l $10

Register here. 

Don’t miss LABF’s holiday party at the Angel City Brewery in the Los Angeles Arts District. Support a worthy cause and join us for outstanding craft beers and food trucks for a great evening with colleagues and bankruptcy judges.  A portion of the net proceeds generated by the Holiday Party will be used to support the “Self-Help Desks” which are operating at the various divisions of the Bankruptcy Court. The Co-Sponsors are proud to support the very valuable and important contributions the Self-Help Desks make to the operation of our Bankruptcy Court.

The following organizations are proud to
co-sponsor this year’s Holiday Party:
Los Angeles Bankruptcy Forum
Beverly Hills Bar Association – Bankruptcy Section
Central District Consumer Bankruptcy Attorney Association
Financial Lawyers Conference
International Women’s Insolvency & Restructuring Confederation
Turnaround Management Association SoCal

Flyer attached. 

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…

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…

“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…