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.
All posts in Community
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.
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)
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 Case. The 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…
Brace Yourself! Nice program coming up on the new California Supreme Court analysis of community property
“BRACE YOURSELF”
THE SHOCKWAVE CAUSED BY THE CALIFORNIA SUPREME COURT’S DECISION IN BRACE, THE EXTENT OF ITS IMPACT ON BANKRUPTCY CASES, OTHER COMMUNITY PROPERTY ISSUES, AND AN UPDATE ON RECENT HOMESTEAD CASES
Panelists:
Hon. Margaret M. Mann, United States Bankruptcy Judge, Southern District of California
D. Edward Hays, Marshack Hays LLP
Roksana D. Moradi-Brovia, Resnik Hayes Moradi LLP
Moderator:
Richard Marshack, Marshack Hays LLP
Topics to Include:
• What will be estate property when filing for just one spouse?
• How can a transmutation avoid the result in Brace?
• Are transmutations avoidable as fraudulent transfers?
• Is bankruptcy advisable when a divorce is pending?
• What claims will community property pay?
• The type of interest in property required to support a homestead under In re Nolan, __ B.R. __ (Bankr. C.D.Cal. July 21, 2020, J. Clarkson)
Thursday, September 10, 2020
Hosted by the Inland Empire Bankruptcy Forum – the flyer is here. Brace Flyer_IEBF_9-10-209(b)
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