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…

New Median Income numbers starting November 1, 2019

For household size of 1, 2, 3 and 4

CALIFORNIA $59,286 $77,860 $86,665 $99,512

 

Civil Code Section 1632 – Do retainer agreements have to be in the language the client speaks?

Learning stuff for the Ethics program I’m doing for the Federal Bar Assn on November 22, 2019.  California law requires the retainer agreement to be translated into “the language the agreement was negotiated in.”   I guess as long as I’m doing the “negotiating,” no translated copy is required, since I don’t speak any other language (except bankruptcyese).  At the program I will be asking the two experts with me whether the retainer should be translated nevertheless; the pros and cons of doing that.

California Civil Code 1632.
(b) Any person … who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally or in writing, in the course of entering into any of the following, shall deliver to the other party …, a translation of the contract or agreement in the language in which the contract or agreement was negotiated, that includes a translation of every term and condition in that contract or agreement:

(6) A contract or agreement, containing a statement of fees or charges, entered into for the purpose of obtaining legal services, when the person who is engaged in business is currently licensed to practice law …

(g) The term “contract” or “agreement,” as used in this section, means the document creating the rights and obligations of the parties and includes any subsequent document making substantial changes in the rights and obligations of the parties. The term “contract” or “agreement” does not include any subsequent documents authorized or contemplated by the original document such as periodic statements, sales slips or invoices representing purchases made pursuant to a credit card agreement, a retail installment contract or account or other revolving sales or loan account, memoranda of purchases in an add-on sale, or refinancing of a purchase as provided by, or pursuant to, the original document.

(k) Upon a failure to comply with the provisions of this section, the person aggrieved may rescind the contract or agreement in the manner provided by this chapter.

(Amended by Stats. 2014, Ch. 117, Sec. 1. (SB 245) Ef

CLA Business Law Section Program – Hard Money Lending Issues in Bankruptcy – October 29, 2019

Hard Money Lending Issues in Bankruptcy

Presented by the Business Law Section Insolvency Law Standing Committee

Tuesday, October 29, 2019

Alston & Bird
333 S. Hope Street, 16th Floor
Los Angeles, CA 90071

Parking will be validated for cars arriving after 5:30 p.m.

Panelists:

Kit Gardner, Law Offices of Kit J. Gardner
Steven Kurtz, Levinson Arshonsky & Kurtz, LLP
Eve Karasik, Levene, Neale, Bender, Yoo & Brill LLP
Honorable Scott H. Yun, United States Bankruptcy Court Read more…

Federal Bar Association 16th Annual Bankruptcy Ethics Symposium – November 22, 2019

You can access the program brochure here.

Speakers

Hon. Victoria S. Kaufman, United States Bankruptcy Court
Hon. Scott C. Clarkson, United States Bankruptcy Court
J. Scott Bovitz, Bovitz & Spitzer
Stella Havkin, Havkin & Shrago
Arthur Margolis, Margolis & Margolis LLP
Jim Selth, Weintraub & Selth APC
John Sheller, Esq.
Cathy Ta, SulmeyerKupetz APC
M. Jonathan Hayes, Resnik Hayes Moradi LLP

• Common ethical traps for bankruptcy practitioners
• Bankruptcy Lawyer Trip Ups: Law Firm Technology; Less Than Perfect Law Firm Practices; and The Very Best of
Those Gosh Darn Solicitations That Land in My In Box Every Single Morning
• Day One: Retainers, Trust Accounts and Getting Started on the Right Foot
Speakers:

Program Chair: Joseph Boufadel, Salvato Law Offices

2019 Lazarow Awards – November 14, 2019

Email from Barbara Sanchez

Hi Jon,

I hope you and yours are doing well.

The Debtor Assistance Project is hosting the Lasarow Awards Reception at the Roybal Building on Thursday, November 14, from 6-8 p.m. Each of the Central District’s Self-Help Centers will honor an outstanding volunteer. I hope you will join me for this free event with Central District Judges and court staff, representatives from the Self-Help Clinics, attorneys, volunteers, and supporters.

Neighborhood Legal Services of Los Angeles County is proud to present the 2019 Lasarow Award to longtime volunteer Patricia Said, in recognition of her exceptional pro bono service. In addition, Public Counsel will be honoring Judge Zurzolo for his work over the past 20 years in advocating to make the courts more accessible to their clients.

Please see below for information about the 2019 Lasarow Awards Reception, and a link you can use to register.  I would appreciate your responding to me, as well.

With your help, the San Fernando Valley Self-Help Desk has assisted more than 10,000 visitors. Together, we are changing lives. Thanks so much for your support!

Best regards,

Barbara

 

You can register at: surveymonkey.com/r/lasarow

Save the date: cdcbaa annual Calvin Ashland Awards Dinner – November 7, 2019

2019 Calvin Ashland Awards Dinner: Join us for a Night of Celebration to Honor Howard M. Ehrenberg- Thursday, November 7, 2019 at 7pm

The L.A. Grand Hotel 333. South Figueroa St. Los ANGELES, CA. 90071


Howard M. Ehrenberg is this years’ Calvin Ashland Trustee of the Year!

Date: Thursday, November 7, 2019
Location: The L.A. Grand Hotel DTLA (Pacific Ballroom)

Time: Reception and No-Host Bar-6p | Dinner & Awards 7p
Entertainment: Jazz Trio featuring Bruce Campbell

RSVP by October 23, 2019 (online or mailing in reservation form) Read more…

Bankruptcy filings increase in September, 2019 – a little

Filings for September, 2019 were a little lower than August but a little higher than September 2018.

2019 2018 2017 2016 2015 2014
Jan 2,745 2,741 2,839 2,872 3,364 4,704
Feb 2,754 2,708 2,795 3,299 3,829 4,574
March 3,481 3,363 3,782 3,923 4,496 5,430
April 3,631 3,277 3,209 3,584 4,486 5,364
May 3,347 3,226 3,384 3,484 3,971 5,500
June 2,967 2,981 3,252 3,545 3,966 4,386
July 3,270 3,057 2,953 3,239 3,731 4,701
Aug 3,274 3,337 3,387 3,543 3,544 4,540
Sept 2,934 2,772 3,071 3,168 3,493 4,317
Oct 3,259 3,170 3,235 3,751 4,554
Nov 2,821 3,004 3,025 3,531 3,642
Dec 2,419 2,416 2,902 2,718 3,733
Total 28,403 35,961 37,262 39,819 44,880 55,445

We are actually about 3.5% ahead of 2018 through September – 28,403 compared to 27,462 for 2018.

Filings year-to-date by chapter in the Central District.

Non-Comm’l Commercial Chapter 7 Chapter 13 Chapter 11
25,891 2,325 22,100 5,840 276
91% 8% 78% 21% 1%

 

Small Business Task Force – Central District

Email from Chief Judge Maureen Tighe:

Dear Bar Advisory Board members:

As I mentioned at our last meeting, I am seeking nominations for members of a small business task force I am setting up for January 2020.  You may send nominations to the email address below.  The task force will be in furtherance of the court’s goal to be as accessible as possible to business cases.  We will focus in the task force on the small family businesses and other small businesses in the district.  The group will define the term “small business” more as part of its work, but the total liabilities are likely under $3 million.  I will be selecting a broad range of people from around the entire district and encourage you to nominate people with connections to various communities and small business groups in the district, whether or not they have bankruptcy experience.  There will be monthly meetings and community outreach, discussion and report writing involved, so it should be someone able to commit sufficient time to the project.  If you could tell me a little bit about anyone you nominate, that would be helpful.  To give your more guidance, I list the goals of our soon to be final strategic plan below:  Outreach for Businesses. Ensure that businesses know how to appropriately access bankruptcy resources

Strategies:

- Have sufficient outreach and public education to ensure that businesses in financial distress are aware of bankruptcy laws, referral resources, and bankruptcy-related fraudulent schemes
- Investigate and identify barriers that prevent small businesses from accessing court resources
- Maintain and develop relationships with a diverse range of organizations, community groups, and bar associations
- Study the existing business bankruptcy procedures to see whether there are barriers to business access

The recently enacted Small Business Reorganization Act will be considered as part of this task force, as we would like to see that word gets out about this new law and that the court implement it well.  The scope of the task force is broader than the new law, however.  Because the task force likely will not complete its work until late 2020, the Rules Committee we will be addressing separately and much sooner whether any new rule or form changes are required before the Act goes into effect in February.  Judge Scott Clarkson, Chair of the court’s Rules Committee, is currently gathering suggestions from the bar of any changes you believe are required for any of the recently enacted bankruptcy legislation. Please send your comments directly to him at Scott_Clarkson@cacb.uscourts.gov. And send nominations for the Task Force to Email address: CACB_SBTF@cacb.uscourts.gov

Maureen Tighe, Chief Bankruptcy Judge United States Bankruptcy Court,Central District of California

San Fernando Valley Bar Assn program this Friday on 9th Circuit BAP opinions.

Email from Steve Fox:

Dear All:

The bankruptcy program we present on Friday will look at recent, relevant and riveting Ninth Circuit BAP opinions.  Our panelists are the Honorable Deborah Saltzman, Jessica Bagdanov  and Roksana Moradi-Brovia.  The materials are good, really gook, 26 pages of detailed briefs, case by case.  So what are the topics? Read more…