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?
- Violation of the discharge injunction via post-discharge letters. Where is the boundary between permissible and non-permissible communications?
- Examining an oft-overlooked requirement of Section 523(a)(6) – the required subjective motive to inflict the injury or that the debtor believed that injury was substantially certain to occur.
- Is jewelry property of the estate when, as of the petition the jewelry was is in the possession of a pawn shop and the redemption period had passed?
- The really uncomfortable case where the attorney for a debtor asserts a position for the client (and exemption) without performing an adequate legal analysis and what happens to the attorney.
- Student Loans. The BAP considers the good faith prong of Brunner where the debtor’s financial condition was self-inflicted.
- Chapter 11 Confirmed Plan. This opinion considers whether an order granting a motion for reconsideration of a chapter 11 plan resets the deadline to file a complaint seeking to revoke the confirmation order?
- We have had considerable discussion in the bankruptcy section about attorneys’ fees in bankruptcy litigation. Here the BAP discusses the timing of seeking attorneys’ fees for “enforcement of a judgment”.
- Here is another attorneys’ fees issue. Is a bankruptcy court judgment that a contingent deb is nondischargeable sufficient to establish “prevailing party” for purposes of recovering attorneys’ fees where the underlying state court action has not yet concluded?
- Where a debtor is under the influence of prescription medications which impairs his ability to give testimony at a deposition, does not take the medications the day of the depositions and then refusing to answer questions about his medical diagnosis, and the side effects of his medications, all citing a psychotherapist-patient privilege, what is a court to do?
- A neat opinion on the interplay in chapter 11 between retention of exempt property post-confirmation and the absolute priority rule.
- And so much more.
Come join us on Friday and learn what the BAP has been up to during the past year!
The program particulars:
Date and Time: Friday, October 11, 2019, 12 noon
Place:
MCLE:
Charges:
SFVBA Members: $40 in advance, $50 at the door
NON-MEMBERS: If you join the SFVBA, the annual cost is low enough that you can recoup most of the cost just by attending Bankruptcy Section meetings at the Member rate.
Lunch: A lot better than it used to be.
Signing Up: Go the SFVBA.org to sign up or contact Linda Temkin at (818) 227-0490
Sincerely,
Steven R. Fox
The Fox Law Corporation