All posts in Judges Corner

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.

Judge Neiter was active in numerous bar associations and community organizations such as the LA County Bar Association Commercial Law and Bankruptcy Section, the ABA, ABI, and served as a Chairman of the Debtor, Creditor and Bankruptcy Committee for the State Bar.  He was a former President of Temple Judea and Chair of the San Fernando Valley Community Relations Committee of the Jewish Federation Counsel of Los Angeles.  He was the recipient of numerous awards and commendations throughout his career.

Judge Neiter taught by example and made a positive impact on every person whose life he has touched.  His genuine interest in the well-being and opinion of others has made him a great mentor, friend, and counselor to so many individuals.  He is an exemplar of how to be an exceptional advocate and a consummate gentleman.  He was of the old guard who always exercised civility and commanded respect in his courtroom.  A lover of contemporary art, he enjoyed exposing others to its dynamic concepts and subjects that advocate cultural diversity and breaking from tradition.

He leaves behind his wife, Lois, children, Mark and Deborah, their spouses, and his five grandsons.  He will be sorely missed and remembered fondly.

Funeral services will be held on January 13, 2020 at 2:00 p.m. at Hillside Memorial Park in Culver City.  Information regarding donations to nonprofit organizations, in lieu of flowers, will follow.  Sympathy cards may be sent c/o Lovee Sarenas, Lewis Brisbois Bisgaard & Smith LLP, 633 West 5th Street, Suite 4000, Los Angeles, CA 90071 which will be collected and delivered to Judge Neiter’s family.

Sincerely,

Kailey Wright

LABF President 2019-2020

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…

Nice Judicial Profile of Judge Scott Clarkson

The Business Law Section of the California Lawyers Assn has a nice Judicial Profile of Judge Scott Clarkson in its April 2019 eNews.  You can access that here.

Congratulations to Chief Judge Maureen Tighe

Image result for judge maureen tighe The Passing the Gavel ceremony yesterday at the 9th Circuit Court of Appeals in Pasadena was pretty fun.  I think it’s the fourth one I’ve been to now.  Outgoing Chief Judge Sheri Bluebond passed two gavels, one really large and one more ornate, to incoming Chief Judge Maureen Tighe before a huge throng of well-wishers and admirers.  Talk about hitting the ground running, the government shut down about the time Judge Tighe’s four year term began.  Judge Tighe told us she discovered quickly that there is no manual on how to deal with that.  So she met with the Chief District Court Judge Virginia Phillips, and the 9th Circuit staff, Cathy Campbell of course and others to try to figure out what to do.  She was determined to make sure the courts remained accessible to those who needed them which is what happened.  I say without exaggeration that if it came to a vote among bankruptcy lawyers today about who is the best judge in the Central District it would be Maureen Tighe.  She has the perfect blend of patience and firmness.  She has huge empathy for the parties, especially the little guy, along with the decisiveness the parties need from a judge.  Congratulations Judge Tighe.

LABF Program – Annual State of the Court Presentation – October 15, 2018

LOS ANGELES BANKRUPTCY FORUM
EDUCATIONAL PROGRAM

October 15, 2018

ANNUAL STATE OF THE COURT PRESENTATION

Join us for a special presentation by the Honorable Sheri Bluebond on the state of the U.S. Bankruptcy Court for the Central District of California, and what we can expect in the next year.

The Aftermath of Jevic and the Survival of Structured Dismissals and Settlements

After Chief Judge Bluebond’s presentation, our panel will discuss the aftermath of the United States Supreme Court’s ruling in Czyzewski v. Jevic Holding Corp., and whether class-skipping settlements and structured dismissals have survived. The panel will focus on opinions from courts around the country that have addressed these issues since the United States Supreme Court ruling. Read more…

Judge Scott Clarkson to Give Lecture on Dutch Artist Rembrandt van Rijn

On October 25, 2018 at 12 noon to 1 pm Judge Scott Clarkson will give a lecture on the life and 1656 bankruptcy of the Dutch artist Rembrandt van Rijn.  It is a lecture and powerpoint presentation that will be held in the Ronald Reagan Federal Building and Courthouse, 411 West Fourth Street, Santa Ana, Room 4078, Located in the USBC Intake Department, which is found by taking the escalator up to the 2nd floor.

This is a preview of the lecture he is giving at the Denver Art Museum on November 30.  Rembrandt Lecture Flier

The purpose of this letter … is to provide notice of a current crisis [In the Eastern District]

Since not all of us are members of the Eastern District, I wanted to share a letter signed by all nine sitting district court judges in the Eastern District. I have attached a copy to this blog. Judgeship+Letter+June+2018

Read more…