All posts in Courts

Dean Chemerinsky Speaking on the Future of Bankruptcy Courts

ORANGE COUNTY BAR ASSOCIATION
COMMERCIAL LAW & BANKRUPTCY SECTION

September Meeting
WEDNESDAY, September 24, 2014
11:45 a.m. to 1:30 p.m.
ONE TIME CHANGE IN DATE, TIME & LOCATION

Speaker:
Erwin Chemerinsky
Founding Dean, Distinguished Professor of Law
University of California Irvine, School of Law

Commentary and Questions:
Hon. Theodor C. Albert
U.S. Bankruptcy Court, Central District of California

Hon. Mark S. Wallace
U.S. Bankruptcy Court, Central District of California

Program Managers:
Richard Marshack, Esq.
Kelly Zinser, Esq.

Read more…

Bellingham-Stern Issues Continue at the Supreme Court

The Supreme Court yesterday issued cert in a 7th Circuit case called Wellness International Network v. Sharif.  It looks like a much more direct attack on the powers of bankruptcy courts than Bellingham.

In Wellness, the creditor sued the chapter 7 debtor to deny the discharge and also for declaratory relief asking the bankruptcy court to find that a certain trust was the alter ego of the debtor and therefore the assets were property of the estate.  The creditor won.  The debtor appealed for the first time saying that the bankruptcy court could not enter final judgment because this was a Stern-type claim.  The district court said, too late buddy, you waived the argument i.e. you consented to the bankruptcy court.  The 7th Circuit reversed saying that the bankruptcy court could not enter final judgment on the alter ego issue and that that could not be waived.

I am sure we will discuss this at the July 19 cdcbaa with Prof. Pottow and Judges Paez and Jury.

We have about 50 rsvps for the July 19 program.  I am going to send out the flyer today or tomorrow and expect many more sign ups.  We can only allow 130 persons to attend so please rsvp if you are coming. Remember, telling me you’re coming does not do you any good.  You have to rsvp.

July 19, 2014 – CDCBAA – In re Bellingham

On July 19 the Central District Consumer Bankruptcy Attys (cdcbaa) will hold our First Annual James T. King Bankruptcy Symposium. The topic is In re Bellingham, the new Supreme Court case dealing with core/non-core distinctions and the power of Congress to give power to non-Article III Judges (as you all know).

The panel will be Judge Richard Paez who wrote the opinion for the 9th Circuit Court of Appeals that was appealed to the Supreme Court; Prof. John Pottow from the University of Michigan School of Law who argued the case successfully for the appellees at the Supreme Court. He is really a fun guy to listen to. And Judge Meredith Jury who sits on the BAP and follows these issues carefully. I will be the moderator and try to stay out of their way.

Besides Bellingham, there will be some discussion generally about appeals process. This is really an exceptional panel!

The program will be at Southwestern Law School on July 19 from 11am to 1pm and will be free to members of cdcbaa as always. We will permit non-members to attend for $95. We will invite the local judges as well.

ONE PROBLEM. The room holds only 130 persons and the law school is adamant that we not permit more than that many to attend.

So we are going to require RSVPs. There is a button on the cdcbaa website for the program to RSVP – www.bklawyers.org. We will cut it off when it gets to 130 persons. So please go to the website and RSVP if you want to attend. You can pay the $95 fee on that website as well. We will allow persons who have not been members of the cdcbaa for the past 3 years to join for the rest of the year 2014 now at the reduced price of $175.00 which includes the Ashland Dinner, this program and the two remaining programs for the year.

Our administrator is Linda Righi at cdcbaa@aol.com.

You’re Invited! Reception in Honor of Paula Roe at Roybal

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Opening for Law Clerk for Los Angeles Magistrate

The U.S. District Court invites applications for the position of Law Clerk to a U.S. Magistrate Judge (Vacancy #14-36).  The link can be accessed here.

July 19, 2014 – First Annual James T. King Bankruptcy Symposium – In re Bellingham: From the Insiders

July 19, 2014
First Annual James T. King Bankruptcy Symposium 

In re Bellingham:  From the Insiders
Judge Richard Paez
9th Circuit Court of Appeals
(Wrote the 9th Circuit Opinion appealed to the Supreme Court)
Judge Meredith Jury
Bankruptcy Court – Riverside Division
Prof. John Pottow, University of Michigan
(Argued for the Appellees at the Supreme Court)
Moderated by M. Jonathan Hayes
Where:
Southwestern Law School
3050 Wilshire Boulevard
Westmoreland Building – 3rd Floor
Los Angeles, CA 90010  

CDCBAA – June 21, 2014 – MEET THE JUDGES’ CLERKS AND STAFF

cdcbaa

Central District Consumer Bankruptcy Attorney Association

MEET THE JUDGES’ CLERKS AND STAFF

Saturday June 21, 2014

Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:

Jeff Cozad
Law Clerk to Judge Vincent Zurzolo

Hilda Montes de Oca
Law Clerk to Judge Maureen Tighe

Lindsay Milchiker
Law Clerk to Judge Victoria Kaufman

Gerrick Warrington
Law Clerk to Judge Scott Clarkson

David Riley
Law Clerk to Judge Neil Bason

Laila Masud
Extern to Judge Vincent Zurzolo

Moderated by
Matthew D. Resnik
Simon Resnik Hayes LLP

Where:
Southwestern Law School
3050 Wilshire Boulevard
Westmoreland Building – 3rd Floor
Los Angeles, CA 90010

Parking is $9.00

Times:
Registration: 10:00am – 11:00am
cdcbaa Membership Meeting: 10:30 am – 11:00 am
Program: 11:00 am – 1:00 pm

2 Hours of MCLE Credit Provided – Limited Space
NOTE: ONLY MEMBERS CURRENT ON THEIR 2014 MEMBERSHIP DUES WILL BE ADMITTED.

Cost: Free to current cdcbaa Members
Non-Members: $250 (which includes cdcbaa membership through December 2014, access to the list serve, admission to the three remaining 2014 MCLE programs, and admission to the annual Calvin Ashland Awards Dinner on November 6, 2014).

Sign up the day of the seminar with a check payable to cdcbaa (credit cards cannot be accepted the day of the seminar) or visit our website at www.bklawyers.org to remit payment online.

Judge Arthur Greenwald

A note from Judge Kwan:

Jon,

I did not know if you were aware of the news that Retired Bankruptcy Judge Arthur Greenwald passed away on June 4.  I just learned this from Chief Judge Carroll.  The memorial service is Monday morning June 9 at Mt. Sinai Memorial Park, Hollywood Hills (see link below).  I’m not sure if the word has gotten out to the bar, but I thought you would want to know.

-Bob Kwan

http://www.mountsinaiparks.org/obituary/125381/Arthur-Greenwald/#services

Supreme Court to Consider New Bankruptcy Petition for Certiorari

The debtor here has filed a Petition for Writ of Certiorari on the issue of whether or not denial of confirmation of a plan is a final, appealable Order.  The case is Gordon v. Bank of Amer., S. Ct. No. ____ (filed May 22, 2014).  An article by the National Consumer Bankruptcy Rights Center can be found here.

Pre-Hearing Disposition Archive Page

From the Court Clerk’s Office:

Due to popular request, the U.S. Bankruptcy Court would like to announce our new Pre-Hearing Dispositions Archive page. The purpose of this page is to allow users the ability to search for past pre-hearing dispositions.

To access this new page, click the Pre-Hearing Dispositions link from the court’s homepage. Once there, click the Pre-Hearing Disposition Archive tab and enter the year and Judge for the pre-hearing disposition you are interested in. You will be able to search as far back as July 2013.

Questions concerning this feature can be directed to the eFiling Help Desk at 855-542-0992.