Good Time to Join the Business Law Section of the State Bar

Note from the Business Law Section, Insolvency Law eBulletin:
January 30, 2017
Dear Attorney,

Now is the perfect time to join the Business Law Section (BLS) of the State Bar and take advantage of all the BLS membership benefits, including up to 6.0 hours of free Ethics MCLE self-study.  The State Bar has extended the MCLE compliance and reporting deadline for those with last names beginning with N-Z (Group 3)  to March 1, 2017, so it is not too late to get those much needed credits if you join today.

Your Business Law Section membership will include: Read more…

Brown Bag on the Loan Modification Management Program – Feb 6, 2017 at Roybal

Judges Barash and Bason are going to host a brown bag lunch presentation on the Loan Modification Management Program (“LMM”) currently in the pilot phase in cases pending before Judges Barash, Bason, Bauer, Brand and Yun.  The luncheon will be held on 2/6/17 at 12:00 p.m. at the Roybal building.    This is the link to the event page on the Court’s website.

I highly recommend attending this.  The courts need our input.  If they don’t get our input, they are flying blind to some extent.  There is certainly the desire on the part of the courts to help.

See you there.

Judge Erithe Smith Calendar This Week

Dear Colleagues:

The Court announced that:  “I am sorry to report that Judge Erithe Smith’s mother has just passed away.  Judge Smith will be continuing all of her hearings this week.  

Keith Higginbotham

Bankruptcy Specialist Exam Coming Up in October 24, 2017

The California Legal Specialist Examination is a one-day examination that will take place on:

Date:    Tuesday, Oct. 24, 2017

Location:  Northern California – Oakland Convention Center
Southern California – Pasadena Convention Center

Examination Fee:  Special pricing for registration will be offered this year. The examination registration fee is $100 if valid payment is received on or before May 1. The fee increases to $250 on May 2 and to $350 on Sept. 2. Registration deadline is Oct. 2. Read more…

Inn of the Court Meeting Set for February 8, 2017

 
The James T. King Bankruptcy Inn of Court meeting is scheduled for Wednesday, February 8, 2017 at 6:00 p.m.

Your hosts for the evening will be Co-Presidents: Hale Antico and the Honorable Neil Bason, our Program Moderator

We will be meeting at Taix French Restaurant located at:

1911 Sunset Blvd.
Los Angeles, CA 90026  Read more…

Haeger v. Goodyear Tire – Supreme Court to Consider Limits on Federal Court’s Inherent Power to Award Compensatory Sanctions

I will be attending oral argument at the Supreme Court next week, January 10, 2017.  Below is my brief of the 9th Circuit Opinion at issue.

Haeger v. Goodyear Tire and Rubber Co, 813 F.3d 1233 (9th Cir, 2016)

Issue: Do compensatory sanctions awarded under the district court’s inherent power have to be causally linked to the harm done by the bad conduct?

Holding: No, compensatory sanctions may be part punitive and part compensatory.

District Judge Roslyn O. Silver, District of Arizona,

Milan Smith, dissent by Paul Watford (other judge on the panel was Clifford Wallace). Read more…

A Summary of Bankruptcy Law Third Edition

I have finally finished my Summary of Bankruptcy Law Third Edition.  You can get it on Amazon by clicking here.    The 400+ footnotes focus almost entirely on the 9th Circuit and California law.  Let me know what you think.

Judge Barash to Hold Brown Bag on Loan Modification Management Program

This program is an excellent opportunity for you to get the inside scoop on the new Loan Modification Management Program.  This is a “pilot” program meaning there will be a “feeling out” period by everyone involved.  I think its a great effort and should be supported by the local bankruptcy bar.  Brown Bag Flier Barash Read more…

Chief Justice John Roberts Releases his 2016 Year-End Report on the Federal Judiciary

This annual report by Chief Justice Roberts is down right nice.  It is a ten page summary – overview of what our Federal District Court Judges do.  I expected a two page plea at the end asking Congress to increase the paychecks of the district court judges.  He does not and need not since the summary of what these civil servants to do is proof enough that they should be paid better.

From the report:

United States district judges are the principal trial judges of our federal system. Congress has authorized 673 district judgeships, as well as four territorial positions. The active judges receive assistance from more than 500 senior district judges, who are eligible for retirement with full pay but still continue to work—most in a part-time capacity, but many full-time—without additional compensation. Read more…

Chapter 11 Doesn’t Have To Be Quite So Paper Intensive

My oldest son asked me to look up a case in North Dakota.  A related case called J&J Oilfield Services, Inc. caught my eye.  The docket was some 479 items resulting in a confirmed plan.  So the case is nice and complicated.  But take a look at the employment app debtor’s counsel filed.  Employ App North Dakota  One page!  And one page for the Statement of Disinterestedness.  The Motion for Final Decree is here.  Final Decree North Dakota  One page.  It doesn’t have to be that complicated.