All posts in Courts

Congratulations to Chief Judge Maureen Tighe

Image result for judge maureen tighe The Passing the Gavel ceremony yesterday at the 9th Circuit Court of Appeals in Pasadena was pretty fun.  I think it’s the fourth one I’ve been to now.  Outgoing Chief Judge Sheri Bluebond passed two gavels, one really large and one more ornate, to incoming Chief Judge Maureen Tighe before a huge throng of well-wishers and admirers.  Talk about hitting the ground running, the government shut down about the time Judge Tighe’s four year term began.  Judge Tighe told us she discovered quickly that there is no manual on how to deal with that.  So she met with the Chief District Court Judge Virginia Phillips, and the 9th Circuit staff, Cathy Campbell of course and others to try to figure out what to do.  She was determined to make sure the courts remained accessible to those who needed them which is what happened.  I say without exaggeration that if it came to a vote among bankruptcy lawyers today about who is the best judge in the Central District it would be Maureen Tighe.  She has the perfect blend of patience and firmness.  She has huge empathy for the parties, especially the little guy, along with the decisiveness the parties need from a judge.  Congratulations Judge Tighe.

Supreme Court Grants Cert in Taggart!

Last Friday, the Supreme Court granted cert in the Taggart case.  That is the discharge violation case that says

“the creditor’s good faith belief that the discharge injunction does not apply to the creditor’s claim precludes a finding of contempt, even if the creditor’s belief is unreasonable.” [emphasis added] 888 F.3d at 444

Lorenzen v. Taggart (In re Taggart), 888 F.3d 438, (9th Cir. April, 2018)

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. Read more…

Renewal of Judgment versus Revival of Judgment

In California, ten years is pretty common for the validity and duration of a judgment lien.  You can thereafter renew.   Some states have renewal of judgment and revival of judgments.  What’s the difference?

Read more…

Recording Federal Court Judgment against Property of Defendant in State

Plaintiff obtains a Nevada state court judgment against defendant who owns land in California (different state).   What authorizes plaintiff to be able to record that Nevada judgment against D’s property in California?  Yes — the Full Faith & Credit Clause in Article VI of the Constitution which says states must give full faith and credit to judgments from other states.

Curve ball — what authorizes a Nevada plaintiff to obtain and record a Nevada Federal Court judgment against D’s property in same state Nevada?

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…

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

Where Does The Word “Bankruptcy” Come From?

There are two possibilities according to BankruptcyData:  the first and most recognized is that “bankruptcy” is a combination of Bancus (latin for bench or table) and Ruptus (broken).  Back in the days a banker would do his trading on an open marketplace bench.  If the banker would no longer be able to meet his obligations then his bench was physically broken as a symbolic gesture to show his failure and inability to negotiate or do business.  This phrase carried over to Italy where the term morphed into “banco rotto” which means broken bank.  The other source of origin for the word is believed to be from the French “banque route” which means a table trace which was a metaphor for a sign left at the banker’s table that was once in business but not is gone.

Will the Retirement of Anthony Kennedy Change the Makeup of the Court?

I could sit for hours and listen to Prof.  Erwin Chemerinski talk about anything.  He did his Review of the Supreme Court last week for the 9th Circuit Judicial Conf.  Before he spoke, Judge Jay Bybee put a whole bunch of statistics about the last Supreme Court term on the screen.  One statistic that kind of jumped out is that on every 5-4 vote last term, Kennedy voted with the “conservatives.”  That suggests that replacing Kennedy with a “conservative” judge will not change, significantly for sure, the judicial makeup of the court.

When Chemerinski spoke then he commented on that fact and said that Kennedy typically joined the “liberals” of the court in five specific areas and in those areas, the new makeup will be significant.  The five areas are:

  • Abortion
  • Affirmative Axtion
  • Gay rights
  • Exclusionary rule
  • Limits on the death penalty