All posts in Community

SFVBA Program Friday December 4, 2020 – “Late-Filed Returns and How To Discharge Them”

Email from Steve Fix:

Dear All:

Sorry for the late notice.  Bankruptcy Judge Robert Kwan (who worked at the Justice Department representing the IRS prior to taking the bench), John Tedford IV (at Danning Gill and who wrote a fascinating article on this issue for the ABI) and John Faucher (who spent a decade at the Justice Department on tax matters) have put together a good program.  It is called “Late-Filed Returns and How To Discharge Them”  The program looks at the problem – Section 523(a) – what constitutes a return, how BAPCAP has complicated the analysis, the IRS’ position on late filed returns, how to figure out if your client has the problem and what to do about it.  Of course the panel will also look at how the Franchise Tax Board and its position can complicate the analysis.

Why attend this program?  Easy.  The intersection of bankruptcy and tax is complicated.  This is probably the area of the highest legal malpractice for bankruptcy attorneys.  We have to know the subject well enough to at least know the issues, the questions, and hopefully a lot more.  For those of you who think the subject is dry, first, it is not but second, the program is only hour long.

I hope you can join us.  Here are the particulars: Read more…

My old blog: BankruptcyProf

I discovered that the Library of Congress has archived my old blog BankruptcyProf.  It’s kind of fun looking at these posts again.  And motivates me to pay more attention here.  You can access the old blogs here. 

ILC Webinar Program on the discharge injunction, Tuesday afternoon, 11/17/2020

Discharge Injunction Violations: In re Marino Says Fine Print Doesn’t Save the Creditor

November 17, 2020, 12 noon – 1 p.m.

Special low price- $15! 1 Hour MCLE; 1 Legal Specialization in Bankruptcy Law

Speakers: Christopher Burke, Leonard Gumport, M. Jonathan Hayes.

Marino deals with letters from creditors to a debtor that said, in the fine print, that the debtor should ignore the letter if the debtor had received a discharge. The bankruptcy court awarded $119,000 in damages to the debtor but ruled that it had no power to award punitive damages. The BAP affirmed but sent it back to the bankruptcy court saying that it could award punitive damages for violation of the discharge injunction.

Register Here

Federal Bar Assn 17th Annual Bankruptcy Ethics Symposium November 20, 2020

Email from Joe Boufadel:

All,

The Federal Bar Association is hosting (online only) its 17th Annual Bankruptcy Ethics Symposium on Friday, November 20, 2020, beginning at 9:00 a.m. (3 hours of legal ethics).  I hope and encourage you all to attend again this year (and registration takes less than a minute to complete online). Please note there is a discounted rate for all FBA, CDCBAA and LABF members, and it’s inexpensive for non-members as well. Please feel free to contact me if you have any questions.

Click here to register online for the symposium on November 20, 2020      Click here to download the PDF event flyer.

Federal Bar Association-Los Angeles Chapter’s 17th Annual Bankruptcy Ethics Symposium

Friday, November 20, 2020
Time: 9:00 a.m. to 12:15 p.m.   Online Only (GoToMeeting)

Read more…

My latest Daily Journal article on Small Business Chapter 11s

My Daily Journal Article Small Business Chapter 11 update: Where are we eight months in? was published on October 26, 2020.  You can access it here.  DJ 10-26-20 SBRA 8 months in  Let me know what you think.

SFVB Program this Friday Oct 9, 2020

Email from Steve Fox,

Dear All:

This Friday’s meeting is a perennial meeting.  We look at selected tentative opinions of the judges who hear cases in Woodland Hills (and adding a bit of the Northern District), discuss the tentative opinions, dig in deeply into many of them to try to understand the thought process and the legal process the judges used.  We have a wide variety of opinions, some consumer, some business, some litigation, some trustee issues, so there is something for everyone.   There is a lot of meat in this program.   Also, as a lot of different topics are covered, it is more likely than not that an issue you are working on now in one of your cases will be discussed by one of the panelists.   Crucially, this is not a program where we review as many tentative opinions as possible.  We cover a limited number of tentative opinions per judge so that you can listen to a somewhat in depth analysis.

The panelists are well experienced.  Nicholas Gebelt heads up the panel.  Robert Aronson and Sloan Youkstetter fill out the panel.  They have been researching and finding a lot of good tentative opinions. Read more…

My interview with Judge Maureen Tighe

Some good articles in the Central District Consumer Bankruptcy Attorneys Association (cdcbaa) latest newsletter.  You can get it here.

Invitation to join the James T. King Inn of the Court

The James T. King Bankruptcy Inn of Court

sponsored by the American Inns of Court

Our President Lucy Mavyan

&

Program Moderator, Honorable Sheri Bluebond

invite you to join the 2020-2021 Year

of the James T. King Bankruptcy Inn of Court

The Bankruptcy Inn of Court board has planned an exciting new year!  The board has compiled interesting and informative topics for our members to present.  Our six meetings this year will be through Zoom beginning at 6:00 p.m. for meet and greet time.

Our first meeting will be on Tuesday, October 13, 2020 at 6:00 p.m with a presentation beginning at 6:30 p.m.  Each of our meetings offers 1.5 hours of MCLE credit.

For your convenience, our membership form is here.  Inn of the Court 2020-2021 Inn Invitation.doc (2)   Should you have any questions or concerns, you may email us at

jamestkingbankruptcyinnofcourt@gmail.com Read more…

Everything Preclusion: cdcbaa Program on Claim and Issue Preclusion, September 12, 2020

To help mitigate the spread of COVID-19, this CLE Program will ONLY be available as a WEBINAR via Zoom.

Please join us on September 12th, 2020 as the cdcbaa presents:

SEVENTH ANNUAL JAMES T. KING BANKRUPTCY SYMPOSIUM: ISSUE AND CLAIM PRECLUSION

PANELISTS:
Hon. Meredith Jury (ret.) | U.S. Bankruptcy Court – Central District of California, Riverside Division
Hon. Laura Taylor | U.S. Bankruptcy Court – Southern District of California
Prof. M. Jonathan Hayes | Resnik Hayes Moradi LLP

Program: 11:00am - 1:00pm

2 Hours of MCLE Credit Provided
Haven’t renewed yet for 2020? Now is the perfect time! Our membership dues for the balance of the year are reduced and a tremendous bargain at only $150. Your 2020 membership includes up to 2 remaining seminars of 2 MCLE credits each for four (4) MCLE hours total, one ticket to the annual Calvin Ashland Awards Dinner in November (subject to state and local restrictions on large gatherings), remote webinar participation in MCLE programs (when available), and access to the listserve, on which you can discuss the latest bankruptcy issues with knowledgeable and experienced members. That’s like receiving up to four hours of MCLE credits in subject-matter that’s relevant to you at $38 per unit, and getting a fancy ballroom dinner and message board access for free! Read more…

All things In Twyne’s Case

I have seen this case cited here and there, supposedly the genesis of the now familiar concept that a transfer of property with actual intent to delay, hinder or defraud creditors may be avoided.  But yesterday I stumbled on Prof. Bob Lawless’s post on Credit Slips about this fascinating new law review article by Northwestern Law Professor Emily Kadens, entitled New Light on Twyne’s CaseThe article is here.  She writes, “Twyne’s Case today stands for the point that even transfers made for good consideration can be fraudulent if they were made with the intent to defraud other creditors. ”

The facts are surprisingly familiar.  In 1600, the undersheriff of Hampshire, Brian Chamberlain, is instructed by a creditor to execute a writ and seize property of one John Pearce.   When he gets to Pearce’s farm, he is told the sheep, the cattle, grains, “leases,” and everything else is owned by John Twyne, not John Pearce.  Twyne was a cousin of Pearce and a man of some stature and wealth.  There is a confrontation over the next two-three days (called a “riot” in the legal papers of the time) but when the dust settles, nothing is removed from the farm.  It seems that months earlier, Twyne  agreed in writing to pay certain of Pearce’s debts in exchange for a transfer of Pearce’s property to Twyne.  Possession of the property remained with Pearce, apparently not unusual since it wasn’t that easy to move sheep, cattle and grain and the arrangement provided that if Pearce came up with the money, he would get his property back.   The paperwork of course was confusing, contradictory in places, incomplete and the “deeds” may have been back-dated.  But the court later agreed that “Twyne gave greater consideration than the total worth of Pearce’s property.” Read more…