February 20, 2013, Wednesday
Bankruptcy Court
3420 12th Street
Riverside, CA 92501
12:00 p.m.
Judge Johnson is going to host a free seminar on his rules. Come early as the Courtroom will fill up quickly.
All posts in Courts
February 20, 2013 – Judge Wayne Johnson Seminar on “Standing Order Regarding Procedures for Chapter 13 Cases Assigned to Judge Johnson
Proposal for a new form, revision to a form, and/or revision to a section of the Court Manual
Hi everyone,
I’m attaching a link to the court website which sets forth how to make a proposal for a new form, revision to a form, and/or revision to a section of the Court Manual below:
http://www.cacb.uscourts.gov/news/process-proposing-revisions-courts-lbrs-forms-and-court-manual
All requests must be submitted using a new form entitled Request for New or Modified Local Bankruptcy Rule, Form or Court Manual Section (Request Form). The Request Form was designed to provide the Court with the details necessary during the approval and implementation process. Since the deadline is fast approaching, I have attached a copy of the court’s public notice titled “ RE: PROCESS FOR PROPOSING REVISIONS TO THE COURT’S LBRs, FORMS, AND COURT MANUAL” that has additional information, as well as a copy of the Request Form.
Please feel free to forward to other bankruptcy attorneys.
Best,
Maggie
Magdalena Reyes Bordeaux
Supervising Attorney Public Counsel
Process for Proposing Revisions to the Court’s LBRs, Forms, and Court Manual
A new process has been implemented to propose revisions to LBRs, Forms and the Court Manual.
For more information, http://go.usa.gov/458B
-ECF Help Desk
System Maintenance Scheduled for Thursday, January 31, 2013 (10:00 PM to 12:00 AM)
The Court will be performing system maintenance on the above date and time. As a result, the following electronic systems will not be available:
– LOU
– Viewing Posted Calendars
– CM/ECF Attorney Registration Application
– CM/ECF Procedure Manual (the actual CM/ECF application will be up and running)
We apologize for any inconvenience this may cause and encourage you to plan accordingly.
Best regards,
ECF Support
(213) 894-2365
Judge Riblet on the Absolute Priority Rule
The Absolute Priority Rule is an arcane part of the Bankruptcy Code (see 11 USC § 1129(b)(2)(B)(ii)). It basically says that in a Chapter 11 plan, lower classes of creditors cannot be paid anything unless higher classes have either been paid in full or consent to their treatment. As an example, I have a debtor who is trying to confirm a plan that pays $200,000 to his unsecured creditors, but allows him to keep all his properties. Because one of the unsecured creditors strenuously objects to the $200,000 payment as too little, the plan violates the Absolute Priority Rule – the debtor is a lower class of creditor than the unsecured creditors.
In 2005, Congress passed BAPCPA, which changed some of the language regarding this rule in an ambiguous (and again arcane) way. Some courts have found that the change abrogates the rule with respect to individual debtors; others have found that it did nothing of the sort. See here for a discussion of how the language change worked.
I had a hearing on a disclosure statement before Judge Riblet, of Santa Barbara, today. In the past, she has always talked as if the Absolute Priority Rule applies to debtors – “why on earth wouldn’t it?” she once asked me at a hearing where the rule was not yet at issue.
Today, she came down firmly on the fence. She said that she had only discovered the Friedman case (In re Friedman, 466 B.R. 471 (9th Cir. BAP 2012) in the last month, and read the Fourth Circuit’s take on the Absolute Priority Rule (In re Maharaj, 681 F.3d 558 (4th Cir. 2012)) even more recently. She pointed out that neither was precedential for her. She insisted that, when the issue comes up, counsel be well-versed in both cases. She did not tip her hand in suggesting which she found more persuasive.
So unfortunately we still do not know which way this judge, one of the last in the Central District to deal with the issue, will rule.
Great Daily Journal Article on Judge Neil Bason
This is a great article about a great judge. I didn’t realize his father was a bankruptcy judge.
The article says he traces “his West Coast career to one pivotal point in his young adult life. ‘I went on vacation,’ he recalled, ‘and I came back, and I found out that I had no job, no girlfriend and no apartment.'”
Reminds me of a Buddy Guy song, “Came home this morning, and oh! what a shock – when I found out my key, no longer fit the lock.”
CM/ECF Maintenance Scheduled for Saturday, January 19, 2013
The Court will be performing CM/ECF maintenance on the above date. As a result, the following electronic systems will not be available:
CM/ECF Live System
LOU
Please note that you may access PACER for the purpose of querying CM/ECF. The duration of this maintenance is unknown, however, it may take all day on Saturday. The Court will make every effort to restore the system as soon as possible. You will be notified as soon as the system is again available for your use.
We apologize for any inconvenience this may cause.
Best regards,
ECF Support
213) 894-2365
Password Reset Prompt on the CM/ECF Login Screen Temporarily Unavailable
ATTENTION ALL CM/ECF USERS:
This is to notify you that the prompt that allows ECF users to reset their own CM/ECF password is temporarily unavailable in CM/ECF. We will notify you when this prompt becomes available. This prompt currently displays on the CM/ECF Filer or PACER Login screen. Therefore, all requests for password reset must be sent to the ECF Help Desk at: ECF_support@cacb.uscourts.gov.
Any questions may be directed to the ECF Help Desk.
Best regards,
ECF Help Desk
(213) 894-2365
An Evening with our Judges – January 15, 2013 – Riverside
REGISTER NOW!
A college of lawyers and others dedicated to the study of bankruptcy and insolvency
An Evening with our Judges
The Honorable Meredith A. Jury – U.S. Bankruptcy Judge
The Honorable Deborah J. Saltzman – U.S. Bankruptcy Judge
The Honorable Scott C. Clarkson – U.S. Bankruptcy Judge
The Honorable Mark S. Wallace – U.S. Bankruptcy Judge
The Honorable Wayne Johnson – U.S. Bankruptcy Judge
The Honorable Mark D. Houle – U.S. Bankruptcy Judge
Moderator: Arnie Wuhrman, Serenity Legal Services
Tuesday, January 15, 2013
No Host Cocktails 6:00 p.m. ~ Dinner 6:15 p.m. ~ Program 7 p.m.
Hyatt Place Riverside
3500 Market Street, Riverside, CA 92501
U.S. Court of Appeals for the Ninth Circuit: new procedures starting 1/1/13
The U.S. Court of Appeals for the Ninth Circuit will institute two new procedures starting January 1, 2013.
For more information, see the Announcements on the Ninth Circuit’s website: http://www.ca9.uscourts.gov/
1. New Procedures To Request Initial Extensions of Time To File Briefs
http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638
2. Electronic Submission of Excerpts
http://www.ca9.uscourts.gov/datastore/general/2012/12/26/electronic_excerpts_final.pdf
M. Jonathan Hayes Books
Publisher
Senior Contributor
Contributors
