San Fernando Valley Bar Assn program this Friday on 9th Circuit BAP opinions.

Email from Steve Fox:

Dear All:

The bankruptcy program we present on Friday will look at recent, relevant and riveting Ninth Circuit BAP opinions.  Our panelists are the Honorable Deborah Saltzman, Jessica Bagdanov  and Roksana Moradi-Brovia.  The materials are good, really gook, 26 pages of detailed briefs, case by case.  So what are the topics?

  • Violation of the discharge injunction via post-discharge letters.  Where is the boundary between permissible and non-permissible communications?
  • Examining an oft-overlooked requirement of Section 523(a)(6) – the required subjective motive to inflict the injury or that the debtor believed that injury was substantially certain to occur.
  • Is jewelry property of the estate when, as of the petition the jewelry was is in the possession of a pawn shop and the redemption period had passed?
  • The really uncomfortable case where the attorney for a debtor asserts a position for the client (and exemption) without performing an adequate legal analysis and what happens to the attorney.
  • Student Loans.  The BAP considers the good faith prong of Brunner where the debtor’s financial condition was self-inflicted.
  • Chapter 11 Confirmed Plan.  This opinion considers whether an order granting a motion for reconsideration of a chapter 11 plan resets the deadline to file a complaint seeking to revoke the confirmation order?
  • We have had considerable discussion in the bankruptcy section about attorneys’ fees in bankruptcy litigation.  Here the BAP discusses the timing of seeking attorneys’ fees for “enforcement of a judgment”.
  • Here is another attorneys’ fees issue.  Is a bankruptcy court judgment that a contingent deb is nondischargeable sufficient to establish “prevailing party” for purposes of recovering attorneys’ fees where the underlying state court action has not yet concluded?
  • Where a debtor is under the influence of prescription medications which impairs his ability to give testimony at a deposition, does not take the medications the day of the depositions and then refusing to answer questions about his medical diagnosis, and the side effects of his medications, all citing a psychotherapist-patient privilege, what is a court to do?
  • A neat opinion on the interplay in chapter 11 between retention of exempt property post-confirmation and the absolute priority rule.
  • And so much more.

Come join us on Friday and learn what the BAP has been up to during the past year!

The program particulars:

Date and Time:                 Friday, October 11, 2019, 12 noon

Place:                                  San Fernando Valley Bar Association, 20750 Ventura Blvd. Suite 140, Woodland Hills, CA 91364

MCLE:                                 1.25 hours.

Charges:                             Inexpensive (a lot better than the bar associations in Beverly Hills, Century City and DTLA!)

SFVBA Members:             $40 in advance, $50 at the door

               Non-Members:                 $60 in advance, $70 at the door.

NON-MEMBERS:  If you join the SFVBA, the annual cost is low enough that you can recoup most of the cost just by attending Bankruptcy Section meetings at the Member rate.

Lunch:                                 A lot better than it used to be.

Signing Up:                        Go the to sign up or contact Linda Temkin at (818) 227-0490


Steven R. Fox

The Fox Law Corporation

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