All posts in Community

Letter from BMW in SBRA case

This is kind of galling if you ask me.  I just got this letter from a “a bankruptcy servicing company” relating to new Small Business case I just filed.  What is the point, I wonder, of instantaneously and unilaterally discontinuing “online access, monthly statements, notification emails,” and the “easy pay program”?

Dear M J HAYES:

We are AIS Portfolio Services, LP a bankruptcy servicing company for BMWF Financial Services. BMW Financial Services received a notice of bankruptcy filing on the above referenced account. As a result, online access, monthly Account Statement mailings, statement notification emails and, if applicable, the Easy Pay Program, have been discontinued.

Please be aware this letter is not an attempt to collect a debt nor is it a demand for payment. The information below, including payment options, is being provided for informational purposes only.

If you wish to make voluntary payments, you may do so anytime using BMW Financial Services automated phone system, paying by check, bank bill pay, or Western Union.  For all payments made, please include your account number and remit to:

BMW Financial Services NA, LLC
PO Box 78066
Phoenix, AZ 85062
Toll free – 800 – 398 – 3939

If you have any questions, please contact a Bankruptcy Specialist at (888) 455-6662, Monday through Friday, from 9:00 a.m. to 5: 00 p.m.ET

Great Judicial Profile of Judge Margaret Mann

I told Judge Mann in San Diego once that she always has a smile on her face.   One of my favorite people.  Now I find out she is catholic and from the south side of Chicago!  We are kindred obviously – although my family left Chicago when I was three.  Take a look at the Judicial Profile just published by the California Lawyers Association.   

Meet the BAP judges at The James T. King Southern California Bankruptcy Inn of Court – February 27, 2020

The James T. King Southern California Bankruptcy Inn of Court with our President Tamar Terzian invites you to join us on Thursday, February 27, 2020 at 6:00 p.m. for the reception and 6:30 p.m. dinner and presentation of

– Nomenclature Education:

Ex. Roll ups, Whole Premiums, DIP Financing and Who is in Control, Interest Pre vs. Post Petition

by pupillage team 3 Team Leaders Roksana Moradi-Brovia and Adojoa Anim-Appiah with special guests, the BAP Judges

Our program moderator for the meeting is the Honorable Judge Sheri Bluebond Read more…

San Fernando Valley Bar Assn 9th Circuit Review

Email from Steve Fox:

Dear All:

This is one of our perennial programs.  Usually a 9th circuit review program tries to run through 50 or 60 opinions in one hour’s time.  Our program is different.  We try to get through as many as 20 opinions in 75 minutes.  The difference allows our panelists, the Honorable Victoria Kaufman, Stella Havkin and Nancy Zamora, to take time to examine each case, to consider them a bit more slowly and to draw out their meanings.  I understand that a key rule in cigar smoking competition, yes there is such a thing (and a recent speaker for the section was recently in an international competition in cigar smoking contest) is to take your time.  We do the same with the Ninth Circuit review program.

This is a good program.  Good speakers.  Good location.  Good food.  Great price, far, far below that which the other bars charge and parking is validated.  You cannot spent a better lunchtime than with us on Friday.

Here are the details.

Location:             San Fernando Valley Bar Asso, 20750 Ventura Blvd #140, Woodland Hills, CA 91364

Date/Time:         Friday, February 21, 2020, lunch, 12 noon to 1:30 p.m. Read more…

14th Annual Review of 9th Circuit Decisions Saturday January 18, 2020, Southwestern Law School

14th Annual Review of 9th Circuit Decisions on Bankruptcy in 2019

January 18, 2020
Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:
Hon. Christopher Klein
Bankruptcy Judge, Eastern District of California

Hon. Julia Brand
Bankruptcy Judge, Central District of California, Los Angeles Division, and member of 9th Circuit Bankruptcy Appellate Panel

M. Jonathan Hayes
Resnik Hayes Moradi LLP

Where:
Southwestern Law School Read more…

San Fernando Valley Bar Association; Small Business Reorg Act Program Friday, 12/13, 2019 at 12 noon

Email from Steve Fox

Dear All:

We have a really timely and good program for you.

Starting in February, 2020, small businesses (including individuals) will have a new means to reorganize under chapter 11, the Small Business Reorganization Act (or “SABRA”).  The Act packs a lot of power, a lot of issues and a lot of food for thought.  Perhaps 90% of all businesses filing under chapter 11 could be eligible to opt in to SABRA and its provisions.  SABRA may also be a means to handle oversized chapter 13 cases.

The panel has been working hard on this topic.  Lew Landau is an experienced chapter 11 practitioner.  Jeremy Rothstein of Greenberg & Bass is the author of an article about SABRA.  Judge Ahart (ret) is well known to section members as a fine speaker and thinker. Yours truly is also on the panel.  Given the amount of material and issues, the panel will speak for 2 hours instead of the normal 1 and ¼ hours.  The panel has spent hours debating the statutes, what they mean or what they could mean.  If the panel does not have definitive answers, something which happens when a new law is passed, the panel will have the right questions. Read more…

Random thoughts for the week.

The 9th Circuit Court of Appeals is authorized for 29 judges. As of last week, it is finally full. Of those, eight were appointed by Trump, and seven by Obama, or slightly more than half.  Rounding out the rest, five were appointed by George Bush, and nine by Bill Clinton – so 13 republicans and 16 democrats. For completeness, there are also 18 “senior status judges,” who take a reduced load of cases. The senior status judges don’t vote on en banc petitions.  The 9th Circuit had 10,500 new case filings in 2018.

I was visiting with a couple non-bankruptcy lawyer friends who are almost as old as me, 120 years of experience at the table. I mentioned that debts go away in bankruptcy, liens don’t.  Huh?  You don’t owe the car debt anymore but if you don’t pay it they can take the car.  One said “bizarre”!  If it’s bizarre to experienced lawyers, I can understand a little better why it makes no sense to our consumer clients.

Desiree Causey is having the trip of a lifetime. She and her husband started in Rome – seems like a few weeks ago. Then to Greece, Israel, Palestine, Egypt to see the pyramids, Jordan. I see her posts on facebook everyday.

It’s really annoying to me that the two California senators are holding up confirmation of a badly needed Central District judge.  I’m a lifelong Democrat so it’s not politics to me.  But according to an article in the Daily Journal today – 11/22/2019 – the candidate Jeremy Rosen is clearly qualified and has significant “support among ideologically-diverse colleagues” but our senators are withholding approval “effectively vetoing Rosen’s candidacy, at least for now.”

By the way, November 22 is the darkest day of my life.  I was a freshman at Serra High School in Gardena in 1963 when JFK was shot down.  They announced it on the school intercom.   I still rarely watch the documentaries about that day.

David Guess joins Greenberg Traurig

Guess_David_340My friend David Guess has joined the international law firm of Greenberg Traurig, “a law firm with more than 2,100 lawyers in 41 locations,” according to the website which says:

“David M. Guess focuses on business bankruptcy cases, out-of-court workouts, and bankruptcy litigation. He represents debtors, secured and unsecured creditors, asset purchasers, trustees, committees, litigation trusts, fraudulent transfer defendants, landlords, and others. David has particular experience in real estate, hospital, skilled nursing facility, retail, and restaurant bankruptcies, bankruptcy appeals, and fraudulent transfer litigation arising from failed LBOs and spinoffs.”

cdcbaa The torch has been passed, looking forward to the new year

Hale for postLucy professional photo

We had a great time at the Calvin Ashland Awards Dinner last week, honoring Howard Ehrenberg as the Trustee of the Year.  I’ll post his remarks soon.  His best advice to other trustees was, “Never take possession of something that has to eat.”

We also recognized our outgoing President Roksana Moradi-Brovia, and swore in incoming President Hale Antico.  Hale has been involved with the cdcbaa since before I joined the group and is a great consumer lawyer.  He built our first website.  He has been there very step of the way with my partner Roksana the last two years.  We are in good hands.  He has true enthusiasm and interest in our group and in continuing the good work we do.

Our incoming Vice-President is Lucy Mavyan, attorney for Chapter 7 Trustee Wes Avery.   We are looking forward to her active involvement.

Judge Charles Novack, Northern District Judge who did the 9th Circuit Review with Judge Julia Brand and I at Loyola Law School two years ago,  told me in July at the 9th circuit Judicial Conf in Spokane that he is still shocked that we got so many people to come to the program on a Saturday.  He was clearly impressed.  Judge Chris Klein from Sacramento will be coming down again this January to do the program with Judge Brand and I on January 18, 2020. Read more…

Loyola Law Students Practicum Reception

Email from Keith Higginbotham:

To all my cdcbaa colleagues that answered the call and attended Judge Klein’s Reception for the six Loyola law students’ Practicum Reception, I wholehearted thank you.  Judge Klein was VERY pleased at cdcbaa’s response to her request for participation.  The food was excellent and there were four judges present to mingle with — including the Chief Judge herself.  A good time was had by all.

This is one of the many reasons why the Court is often turning to cdcbaa for participation and input in its various endeavors.  We are recognized as the BK Bar Association that “gets things done.”

Again, I am very proud of this organization and I thank the many cdcbaa members that attended this event yesterday.

Keith Higginbotham