QUICK REFERENCE GUIDE TO 2017 CHANGES TO THE FRBP AFFECTING CHAPTER 13 CASES ©Beverly M. Burden, Chapter 13 Trustee EDKY

Nice post by San Jose certified specialist Cathy Moran on the new rules.    In her post, Cathy has attached a very nice spreadsheet prepared by Chapter 13 Trustee Beverly Burden in Kentucky.  The spreadsheet identifies the rules changes that affect the chapter 13 practice.

Nice Program with Judge Alex Kozinski – October 19, 2017

Judging the Judge: A Candid Conversation Between Judge Kozinski and Professors Ronald Collins and David Skover on Appellate Judging and the Politics of Law. Judge Kozinski will engage the authors in a spirited dialogue about partisan politics and the art of appellate judging, primarily at the Supreme Court level.
In their latest book, The Judge: 26 Machiavellian Lessons (Oxford University Press, 2017), Professors Collins and Skover raise a provocative question: What flows from the proposition that law is politics, or that Supreme Court decision-making in controversial cases is greatly influenced by partisan beliefs? That is, ever more people believe that judicial power is a form of political power. If so, what then? The answer: the maximization of judicial power, which is where Machiavelli comes in by way of the 26 power-maxims urged by the authors. It is against this conceptual backdrop that Judge Kozinski will engage the authors in a spirited dialogue about partisan politics and the art of appellate judging, primarily at the Supreme Court level.

Panelists:
Honorable Alex Kozinski, Ninth Circuit Court of Appeal
Professor Ronald Collins, University of Washington School of Law
Professor David Skover , Seattle University School of Law Read more…

Toys R Us Files Chapter 11

U.S. Bankruptcy Court
Eastern District of Virginia (Richmond)
Bankruptcy Petition #: 17-34665-KLP


Assigned to: Keith L. Phillips
Chapter 11
Voluntary
Asset

Date filed:   09/19/2017
Deadline for filing claims (govt.):   03/19/2018

 

Debtor
Toys R Us, Inc.
One Geoffrey Way
Wayne, NJ 07470
PASSAIC-NJ
Tax ID / EIN: 22-3260693

represented by Peter J. Barrett
Kutak Rock L.L.P.
901 East Byrd Street
Suite 1000
Richmond, VA 23219-4071
804-644-1700
Fax : 804-783-6192
Email: peter.barrett@kutakrock.com

SFVBA Lunch Program September 15, 2017

Email from Steve Fox:

The Bankruptcy Section of the SFVBA is presenting this Friday its annual program looking at tentative opinions, the writings, of the Woodland Hills judges.  This is the annual meeting where our panel really analyzes the judge’s writings and offers insights into the judges, what they are concerned about, what their processes are, why they ruled the way they ruled.

I want to point out one area that the panel will focus on, a really nifty tentative opinion about awarding attorneys’ fees to the prevailing party, a debtor.  The debtor clearly believed it had a great argument but the court pushed back quite a bit as it (the court) really analyzed the problems with the Debtor’s arguments. Read more…

Prof. Dan Schechter Comments on Sunnyslope – Says Decision is “Shockingly Wrong!”

Below are the comments of Prof. Dan Schechter (from my alma mater, Loyola Law) to the 9th Circuit’s en banc ruling in In re Sunnyslope Housing Ltd. Partnership, 818 F.3d 937 (9th Cir. 2017).  The due date for the petition for cert is now September 22, 2017.  The bank’s attorney is Craig Goldblatt from the Wilmer Hale firm in Washington DC.

My thoughts on why the 9th Circuit got Sunnyslope right are here, here and here.   The en banc decision is here.

Prof. Schechter commented on the Insolvency Law e-Bulletin:

AUTHOR’S COMMENT: This decision is shockingly wrong.  If the lender in this case seeks and obtains certiorari (a big “if”), I predict reversal by the Supreme Court. (As long as I am making rash predictions, I also predict a 6-3 decision, with Justice Breyer joining the majority.) Read more…

Prof. Chemerinsky Annual Supreme Court Review October 5, 2017

ANNUAL SUPREME COURT REVIEW 
October 5, 2017 - 12:00 p.m. – 1:30 p.m. (Registration at 11:30 a.m.)
Location: The Biltmore Hotel (506 S. Grand Ave., Los Angeles, CA Parking $22.00 Valet)
United States Supreme Court Review
Featuring Dean Erwin Chemerinsky
University of California, Berkeley School of Law

Also Featuring Judge Barry Russell Federal Practice Award
The Honorable Barry Russell
Bankruptcy Judge, Central District of California

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…

Very Nice Profile of Kathy Campbell, Clerk of the Court

This was written by Corey Weber and published by the Insolvency Law Committee of the California State Bar

August 15, 2017 

The following is a profile of Kathleen J. (Kathy) Campbell, Executive Officer/Clerk of Court for the United States Bankruptcy Court for the Central District of California (the “bankruptcy court”).  Ms. Campbell met members of the Insolvency Law Committee in her Roybal Courthouse office and discussed her personal and professional background, the bankruptcy court’s operations and pending issues and observations.

Ms. Campbell was appointed to her current bankruptcy court position in 2010. The Central District of California is home to the largest bankruptcy court in the country, with divisions located in Los Angeles, Riverside, Santa Ana, San Fernando Valley and Santa Barbara. Read more…

Outside Reverse Veil Piercing now available for LLCs in California

This is a case brief regarding Curci Investments, LLC v. Baldwin, Cal. Ct. App. Case No. G052764 (Aug. 10, 2017), which is a case about “reverse veil piercing” which the Court found can be applied to LLCs. Corporations continue to be protected by reverse veil piercing.

Ordinarily a corporation is considered a separate legal entity, distinct from its stockholders, officers and directors, with separate and distinct liabilities and obligations.[1] The same is true of a limited liability company (LLC) and its members and managers.[2]

Read more…

My Letter to Judge William H. Brown (Ret.) on the ABI Commission on Consumer Bankruptcy

May 4, 2017

by email

ConsumerCommission@abiworld.org

Hon. William H. Brown (Ret.)

The ABI Commission on Consumer Bankruptcy

 

Re:

Statement for Consideration

First Public Meeting, May 6, 2017

 

Dear Judge Brown,
Please submit this Statement to the ABI Commission on Consumer Bankruptcy at the upcoming meeting on May 6, 2017.   The following are my comments to the ABI Commission “recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure.”  These suggestions are mine and not those of any consumer bankruptcy organization.   I have practiced consumer bankruptcy, primarily from the debtor side, for most of my 37 years of practice of law.  My personal resume is attached hereto as Exhibit “A.”  Read more…