All posts in Judges Corner

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.

Judge Zurzolo appearance instructions

Email from Keith Higginbotham

Dear Colleagues!

Judge Zurzolo has asked that attorneys appearing on his upcoming Ch13 Cf hrgs for MONDAY, September 14th register their appearances AS SOON AS POSSIBLE (now) due to the number of matters on that calendar.  Instructions for registration can be found on the calendar page for the tentatives for 9/14 (pages 1 & 2) and also on Judge Zurzolo’s webpage under “Telephonic Instructions”.

As you may be aware, Judge Zurzolo was the first Judge to create a tollfree appearance line so that we do not need to use CourtCall.  As a trade-off, we are REQUIRED to register your appearance(s) with his chambers beforehand using a new specific email address.

The Ch13 calendar for Monday, September 9/14 is now posted.  Instructions for making a telephonic appearance are also posted — including allowing you to register for more than 1 hearing in one email for ALL appearances for that day for that attorney.

The Court is prepared to accept registrations beginning TODAY and strongly encourages it.  The Court asks that attorneys begin registering now (at least for 9:00 and 10:30 hearings), and definitely no later than Wed 9/9.   That will help chambers be prepared and not deluged at the last minute.

As a reminder, Judge Zurzolo’s 9:00 a.m. and 10:15 a.m. hearings are listed on VZ webpage under “Chapter 13”.

The 10:30 a.m. hearings are posted under tentative rulings, and by Tues 9/8 the tentatives will be updated to identify hearings for which appearances are waived.

cdcbaa member

Keith Higginbotham

Judge Martin Barash new supplemental requirements for noticing motions before him.

In June, Judge Barash updated his posted “telephonic” procedures to include ZoomGov instructions and announced that he would be holding all hearings (unless otherwise ordered) using ZoomGov audio and video—at least through the end of the year.  His procedures are here (under “Telephonic Instructions”).

I am advised that he has decided to continue this policy for the foreseeable future.  In furtherance of that decision, he has established supplemental requirements for noticing motions that require a hearing before him.  Those procedures are here (under “Self Calendaring”).

These requirements are intended to ensure that parties get the maximum notice possible that a hearing will be held remotely and get the necessary information to connect to that hearing, either by computer, handheld device or telephone.

The following, which describes the new policy, has been added to Judge Barash’s publicly posted self-calendaring procedures.

Until further notice, due to the COVID-19 pandemic, all of Judge Barash’s hearings will be conducted remotely, using ZoomGov audio and video.  Accordingly, in addition to all other applicable noticing requirements, and pursuant to the authority granted under Fed. R. Bankr. P. 9007,  Judge Barash requires that a moving party or other party noticing a ZoomGov hearing before him (i) file and serve a completed Supplemental Notice of Hearing to Be Held Remotely Using ZoomGov Audio and Video (“Supplemental Notice”), at the same time the principal notice of such hearing is to be filed and served, or (ii) incorporate conforming language into such principal notice.  The form of Supplemental Notice approved by Judge Barash for a hearing in a bankruptcy case can be found here.  The form of the Supplemental Notice approved by Judge Barash for a hearing in an adversary proceeding can be found here.  The unique ZoomGov connection information for each day’s hearings before Judge Barash—which information is necessary to complete the Supplemental Notice–is posted on his public calendar, which can be located at: http://ecf-ciao.cacb.uscourts.gov/CiaoPosted/default.aspx

Tentative from Judge Kaufman re exemption for Covid-19 stimulus checks

June 25, 2020  2:00 PM
1:11-11603  Chapter 7
#3.00 Judgment Creditors Motion Assignment Order and Restraining Order

Docket 735
I. BACKGROUND
At the last hearing, the Court requested that Tammy Phillips and Tammy Phillips, a Prof. Law Corp. (“Creditors”), file a supplemental brief regarding whether Kevan Harry Gilman (“Debtor”) waived his right to claim an exemption in any “Covid-19 economic stimulus checks/payments from the federal government to Debtor,”including the stimulus check that Debtor may qualify for under the Coronavirus Aid, Relief, and Economic Security Act (the “Stimulus Check”) .

On May 28, 2020, Creditors filed a supplemental brief (the “Brief”) [doc. 746].  In the Brief, Creditors assert that Debtor waived his right to an exemption by failing to claim one within three days of the hearing on their motion pursuant to California Code of Civil Procedure (“CCP”) § 708.550.  Creditors also argue that Debtor has waived his right to claim an exemption in any future Covid-19 related federal stimulus payments.  Finally, if Debtor is provided with a Stimulus Check, Creditors expressed opposition to the Court’s proposed procedure for Creditors to receive the Stimulus Check. [FN1].  Debtor did not file a response to the Brief. Read more…

Judge’s tentative awards $60,000 in attys fees for failure to admit requested admissions

A tentative today from Judge Saltzman:

The Plaintiffs demonstrate how the Debtor fails to admit several requests for admission that were later proved to be true. Most of the requests that the Debtor failed to admit were not objectionable, the requested admissions were material, the Debtor had no reasonable ground to believe that he might prevail on the fact of the admission, and there is no other good reason for the Debtor to have failed to admit. See Fed. R. Civ. P. 37(c)(2).

The Debtor makes no attempt to challenge any law or authorities for why the Plaintiffs are entitled to attorney’s fees. The Debtor argues that he should have prevailed on the motion for summary judgment. The Debtor tries to make technical arguments, twisting the meaning of “personal knowledge” to something utterly absurd. The Debtor’s attempts to justify his frivolous denials and objections to requests for admission are all unpersuasive, and none of those arguments explain why the Plaintiffs are not entitled to attorney’s fees for the continued litigation regarding their anti-SLAPP judgment. Read more…

Judge Richie Neiter, RIP

News from Judge Sheri Bluebond today,

Retired bankruptcy judge Richard Neiter passed away yesterday.  The funeral will be Monday, January 13, at 2 PM at Hillside Memorial Park

I appeared in front of him many times.  He was a gentleman and a scholar.

Message from Kailey Wright:

It is with sorrow that we announce the loss of one of the pillars of our bankruptcy community, Hon. Richard M. Neiter (1937-2020).  Richard Neiter served as a United States Bankruptcy Judge for the Central District of California for ten (10) years until his retirement from the bench in 2016.  His chambers was in Los Angeles.  He began his distinguished legal career in 1963 as a member of the prestigious firm of Stutman Treister & Glatt, PC, a Los Angeles based law firm with a national practice specializing in bankruptcy reorganization and creditor rights where he stayed until he became a judge in 2006.  While at Stutman, he worked on many significant reorganization cases and frequently mediated cases in Delaware and in California.  A graduate of USC Law Center, he served as a board member of its Law Review and also served as a member of the Board of Trustees of its Alumni Association in 1986. Read more…

Judge Whitman Holt takes the bench in the Eastern District of Washington

Whitman HoltJudge Marty Barash and new Judge Whitman Holt.  This appointment is so deserved.  Whitman attended most of the cdcbaa events even though the programs had little to do with his personal practice.  He simply has a huge taste for and love of learning.   Congratulations Whit.  We are going to miss you.  Our loss is Washington’s gain.

If you’re not sure where Yakima is, look here.

Below is the notice from the 9th Circuit Court of Appeals.  

Ninth Circuit Court of Appeals Appoints New Bankruptcy Judge for Eastern District of Washington SAN FRANCISCO —

Whitman L. Holt has been appointed as the next judge of the U.S. Bankruptcy Court for the Eastern District of Washington.  He begins his 14-year term today, November 1, 2019, and will maintain chambers in Yakima.  His appointment was made by the judges of the U.S. Court of Appeals for the Ninth Circuit. Read more…

Judge Scott Clarkson website on Rembrandt van Rijn — Bankrupt Printmaker, Art, love and insolvency in the 17th Century

Judge Scott Clarkson has a great website you need to visit - Rembrandt van Rijn — Bankrupt Printmaker, Art, love and insolvency in the 17th Century.   As is said on the website, “Judge Clarkson’s hour-long lecture and PowerPoint presentation of the life and 1656 Bankruptcy of the Dutch artist Rembrandt van Rijn paints a unique picture of art, personality, the loves of his life, and his overwhelming financial successes and failures.  Scott will take his unique show to American University on November 1, 2019.

Take a look at the picture of the US Capitol that Scott uses for the background of the announcement.    The picture was taken by my son Desmond (who also created and maintains this blog for me).   Des and I were at the Space Museum late in the afternoon  a few years ago and we walked out and the sun was shining through on the capitol on what was otherwise a very gloomy day.  Thanks to Scott for thinking of Des.

Nice quote on Chief Justice John Marshall

I finally finished reading Miracle at Philadelphia by Catherine Drinker Bowen.  It’s a great book that really puts into perspective how we wound up with our constitution.  And how close it came to never happening, and then to not being ratified.   It’s pretty amazing that neither John Adams nor Thomas Jefferson were there.  Both were in Europe that summer.  George Washington and Benjamin Franklin “laid their shoulders to the great points, knowing that the little ones would follow of themselves.”

Anyway, there is a great comment on John Marshall that I want to remember.  The scene is the convention in Virginia brought afterwards to consider adopting the new constitution.

John Marshall, now in his thirty-third year, was a great strength to the Constitutionalists.  Ruddy and handsome, with wild black hair, a piercing dark eye, as a concession to the occasion he had draped his tall frame in a new coat which however had cost but a pound and looked it.  The assembly knew Marshall, respected him for his soldierly record in the Revolution and loved him for his sociability – which says Grisby primly, at times verged on excess.

John Marshall was with Washington at Valley Forge.

I want to add a quote from a poem at the end of Ms. Bowen’s Preface to the book:

If all the tales are told, retell them, Brother,
If few attend, let those who listen feel.

Great cdcbaa Program June 8, 2019 – Handling Trial from Pre-Trial Proceedings until the Appellate Review

Please join us on June 8, 2019 as we present:
 
Judges on Trial! 
 
Hon. Catherine E. Bauer | U.S. Bankruptcy Court – Central District of California, Santa Ana Division 
Hon. Ernest M. Robles | U.S. Bankruptcy Court – Central District of California, Los Angeles Division  
Hon. Martin R. Barash| U.S. Bankruptcy Court – Central District of California, San Fernando Valley Division  
 
Moderator – Anerio V. Altman, Esq. 

 
Judges Bauer, Robles and Barash will discuss their approaches to handling trial from the Pre-Trial Proceedings until the Appellate Review.  The judges will submit themselves to the jurisdiction of the cdcbaa and answer questions from the audience.  Now the tables are turned!
 
Registration: 10:30 a.m. - 11:00 a.m.
Program: 11:00 a.m. - 1:30 p.m.
 
Southwestern Law School
Bullocks Wilshire Building Read more…