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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…

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. 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.

Student Loan Guru Austin Smith Writes on Private Student Loans

Austin Smith is a force nationwide championing issues for student loan debtors.  You can get his excellent article, Why So Many Get It So Wrong That a Private Student Loan is Uniquely Protected in Bankruptcy, here. 

The common belief that all student loans are protected from discharge in bankruptcy is based on a misunderstanding of 11 U.S.C. § 523(a)(8).  Since 1990, bankruptcy courts have been misreading the statute to prevent any student debt that could be construed as providing educational benefits or advantages from discharge.  The flawed logic in student bankruptcy cases has thus become (1) all debts that confer educational benefits are protected from discharge; (2) the debt in question facilitated the debtor’s education and as such, conferred educational benefits; and (3) the debt is not dischargeable.

First, subsection (A)(i) only protects federally insured or nonprofit student loans.  Second, subsection (A) (ii) only protects debts resulting from noncompliance in contractual service scholarships and grants.  Third, subsection (B) only protects private student loans that meet narrow Internal Revenue Code qualifications.  A sizeable portion of private student loan debt falls outside all three of these categories, and must be treated as non-qualified private student loans that have no protection from discharge.