Random Thoughts for the Week

The bar exam results came out on Friday.  The headlines say that the success rate is the lowest ever.  One article is here.  My students’ view is “They’re making it harder and harder.”  They don’t believe me when I say I don’t think that is true.  Success is a function of effort.   You can’t learn law with one eye on your cell phone.  We had a study session Saturday at the law school.  I volunteered to meet with students and answer questions.  Out of 62 students, 6-7 showed up.

I’m writing my brief this morning (Sunday – my kids have moved out!) on Blendheim.  That is the case where the 9th Circuit says the debtor can strip a lien in a chapter 20.  I didn’t realize until reading it that it was the first priority lienholder who was losing its lien.  The debtor objected to the proof of claim which HSBC ignored inexplicably.  The 9th Circuit confirmed that 506(d) “voids” the lien since it does not secure an allowed secured claim.

By the way, Judge Richard Paez was on the three judge panel in Blendheim although he did not write the decision.  He is truly a friend of the bankruptcy bar.  Judge Paul Watford wrote the opinions in both Penrod and Schwartz-Tallard.  I really want to get him on a panel for the cdcbaa.  I attended the Schwartz-Tallard oral argument in San Francisco.  You can watch the proceeding here.

Supreme Court trivia:  Which judge, last term, was with the majority the most?

Stephen Breyer.   92% of the time.



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