All posts in Current Events

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.

 

 

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.

CFPD Biennial Report on the Credit Card Market (352 pages!)

The Bureau of Consumer Financial Protection (Bureau) 2017 report on the state of the credit card market is here.  Lots of charts and info.  The cynic in me wonders how much was spent by the government preparing this report.    The CFPB annual budget is $630 million.  Its budget report discusses four goals:

1.  Prevent financial harm to consumers while promoting good practices that benefit them  ($286 million) Read more…

UWLA will host the 2018 Roger J. Traynor California Appellate Moot Court Competition

Dear Faculty, Students, and Alums,

The University of West Los Angeles School of Law is pleased to announce it will host the 2018 Roger J. Traynor California Appellate Moot Court Competition on April 14-15, 2018 at the LAX campus of the law school.

Moot court is an extracurricular activity at most established law schools in which law students, competing as teams, take part in simulated appellate court proceedings.  Students draft written briefs and present oral argument to a panel of judges in a format that follows rules and procedures that apply to actual appellate litigation. Read more…

Ten Tips from Judge Neil Bason on Rule Changes Effective December 1, 2017

In the Court News for November and December Judge Neil Bason has an excellent article pointing out some of the bigger changes in the new rules that we all need to be aware of.

The tips are:

1. Signatures – Get Original “Wet Ink” Signatures, File a Scanned PDF Copy, and Keep Them In Your Files
2. Proofs Of Claim – File Them Early And Often
3. Objections to Claims – Serve Them Correctly
4. Chapter 13 – § 341(a) Meetings and Confirmation Hearings
5. Chapter 13 – New Plan – Only For Cases Filed 12/1/17 or Later
6. Chapter 13 – New Plan – Up-Front Disclosures re: Liens (and Other Nonstandard Provisions)
7. Chapter 13 – New Plan – Secured and Priority Claims (Classes 1-4)
8. Chapter 13 – New Plan – “Pot,” “Percent,” and “Residual” Plans, and Possibly More Than
9. Chapter 13 – New Plan – Surrendered Collateral (Class 6) and Executory Contracts/Unexpired Leases
10. Valuing collateral and/or avoiding liens (§§ 506, 522(f))

UWLA Announces Bankruptcy Litigation Clinic

The University of West Los Angeles School of Law has formed a bankruptcy clinic which will focus on litigation aiming its efforts at those who have been sued and cannot afford an attorney.  The announcement is here.  I will be the leader to get it going.  To start, I will be at the self-help desk at the bankruptcy court in Woodland Hills this coming Friday November 3 and Friday December 1 from 10:00 a.m. to 12:00 p.m.  I will have a UWLA law student with me and will try to give some general advice on bankruptcy litigation to anyone who shows up.    UWLA students are being offered school credit for assisting the efforts for a semester.

No appointment or registration is necessary.  It will be first come first served.

F. Lee Bailey Files Chapter 13 In Portland Maine – Chapter 13 Trustee Annoyed

Think your chapter 13 trustee is tough?  This is what the trustee filed last week in F. Lee Bailey’s Chapter 13 case.

UNITED STATES BANKRUPTCY COURT District of Maine

In the matter of F. LEE BAILEY Chapter 13 Debtor Case # 17-20323

TRUSTEE’S COMMENTS ON CONFIRMATION OF DEBTOR’S PLAN

NOW COMES the standing Chapter 13 trustee Peter C. Fessenden and submits the following comments in connection with confirmation of the debtor’s plan. Read more…

Scotus Blog Stat Pack for Last Term

I just love these.  Every possible statistic you can imagine about last term can be found here.

A few tidbits:

The Supreme Court issued opinions on only 62 cases the entire year.  They also issued 7 summary reversals.

They affirmed only 15 of total 71 cases or 21%.  As to the 9th Circuit, they affirmed 1 out of 8 cases.  Only the 1st Circuit (1-0) had more affirmations than reversals.    Even the Federal Circuit was reversed 6 out of 7 cases.  State courts were reversed in 14 out of 17 matters. Read more…

Ninth Judicial Circuit Historical Society (Sept. 26, 2017 – City Club, Los Angeles)

Email this morning from Misty Perry Isaacson:

Good morning colleagues.  I hope you all had a wonderful time at the Ninth Circuit’s Judicial Conference in San Francisco last week.  For those of you who were unable to attend, we missed you.

Please see the attached Save the Date and Sponsorship flyers that I received from the Ninth Judicial Circuit Historical Society (“NJCHS”) regarding their upcoming gala event set for September 26, 2017 at the City Club in Los Angeles.  Tickets and sponsorship are also available off their website.  Read more…

State Bar “Sections” to Separate from the State Bar, Effective as Early as January 1, 2018

From Jim Hill, Chairman of the Business Law Section of the State Bar:

The bar restructuring legislation, SB 36, passed unanimously in the Senate and has been sent to the Assembly for its consideration in the early days of the summer.  If all stays on track, we are looking for the Sections to emerge into the new entity as early as January 1, 2018.

The summary of Senate Bill 36 provides:    Read more…