All posts in Community

Nice Program with Judge Alex Kozinski – October 19, 2017

Judging the Judge: A Candid Conversation Between Judge Kozinski and Professors Ronald Collins and David Skover on Appellate Judging and the Politics of Law. Judge Kozinski will engage the authors in a spirited dialogue about partisan politics and the art of appellate judging, primarily at the Supreme Court level.
In their latest book, The Judge: 26 Machiavellian Lessons (Oxford University Press, 2017), Professors Collins and Skover raise a provocative question: What flows from the proposition that law is politics, or that Supreme Court decision-making in controversial cases is greatly influenced by partisan beliefs? That is, ever more people believe that judicial power is a form of political power. If so, what then? The answer: the maximization of judicial power, which is where Machiavelli comes in by way of the 26 power-maxims urged by the authors. It is against this conceptual backdrop that Judge Kozinski will engage the authors in a spirited dialogue about partisan politics and the art of appellate judging, primarily at the Supreme Court level.

Panelists:
Honorable Alex Kozinski, Ninth Circuit Court of Appeal
Professor Ronald Collins, University of Washington School of Law
Professor David Skover , Seattle University School of Law Read more…

SFVBA Lunch Program September 15, 2017

Email from Steve Fox:

The Bankruptcy Section of the SFVBA is presenting this Friday its annual program looking at tentative opinions, the writings, of the Woodland Hills judges.  This is the annual meeting where our panel really analyzes the judge’s writings and offers insights into the judges, what they are concerned about, what their processes are, why they ruled the way they ruled.

I want to point out one area that the panel will focus on, a really nifty tentative opinion about awarding attorneys’ fees to the prevailing party, a debtor.  The debtor clearly believed it had a great argument but the court pushed back quite a bit as it (the court) really analyzed the problems with the Debtor’s arguments. Read more…

Prof. Chemerinsky Annual Supreme Court Review October 5, 2017

ANNUAL SUPREME COURT REVIEW 
October 5, 2017 – 12:00 p.m. – 1:30 p.m. (Registration at 11:30 a.m.)
Location: The Biltmore Hotel (506 S. Grand Ave., Los Angeles, CA Parking $22.00 Valet)
United States Supreme Court Review
Featuring Dean Erwin Chemerinsky
University of California, Berkeley School of Law

Also Featuring Judge Barry Russell Federal Practice Award
The Honorable Barry Russell
Bankruptcy Judge, Central District of California

F. Lee Bailey Files Chapter 13 In Portland Maine – Chapter 13 Trustee Annoyed

Think your chapter 13 trustee is tough?  This is what the trustee filed last week in F. Lee Bailey’s Chapter 13 case.

UNITED STATES BANKRUPTCY COURT District of Maine

In the matter of F. LEE BAILEY Chapter 13 Debtor Case # 17-20323

TRUSTEE’S COMMENTS ON CONFIRMATION OF DEBTOR’S PLAN

NOW COMES the standing Chapter 13 trustee Peter C. Fessenden and submits the following comments in connection with confirmation of the debtor’s plan. Read more…

Very Nice Profile of Kathy Campbell, Clerk of the Court

This was written by Corey Weber and published by the Insolvency Law Committee of the California State Bar

August 15, 2017 

The following is a profile of Kathleen J. (Kathy) Campbell, Executive Officer/Clerk of Court for the United States Bankruptcy Court for the Central District of California (the “bankruptcy court”).  Ms. Campbell met members of the Insolvency Law Committee in her Roybal Courthouse office and discussed her personal and professional background, the bankruptcy court’s operations and pending issues and observations.

Ms. Campbell was appointed to her current bankruptcy court position in 2010. The Central District of California is home to the largest bankruptcy court in the country, with divisions located in Los Angeles, Riverside, Santa Ana, San Fernando Valley and Santa Barbara. Read more…

My Letter to Judge William H. Brown (Ret.) on the ABI Commission on Consumer Bankruptcy

May 4, 2017

by email

ConsumerCommission@abiworld.org

Hon. William H. Brown (Ret.)

The ABI Commission on Consumer Bankruptcy

 

Re:

Statement for Consideration

First Public Meeting, May 6, 2017

 

Dear Judge Brown,
Please submit this Statement to the ABI Commission on Consumer Bankruptcy at the upcoming meeting on May 6, 2017.   The following are my comments to the ABI Commission “recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure.”  These suggestions are mine and not those of any consumer bankruptcy organization.   I have practiced consumer bankruptcy, primarily from the debtor side, for most of my 37 years of practice of law.  My personal resume is attached hereto as Exhibit “A.”  Read more…

Scotus Blog Stat Pack for Last Term

I just love these.  Every possible statistic you can imagine about last term can be found here.

A few tidbits:

The Supreme Court issued opinions on only 62 cases the entire year.  They also issued 7 summary reversals.

They affirmed only 15 of total 71 cases or 21%.  As to the 9th Circuit, they affirmed 1 out of 8 cases.  Only the 1st Circuit (1-0) had more affirmations than reversals.    Even the Federal Circuit was reversed 6 out of 7 cases.  State courts were reversed in 14 out of 17 matters. Read more…

Ninth Judicial Circuit Historical Society (Sept. 26, 2017 – City Club, Los Angeles)

Email this morning from Misty Perry Isaacson:

Good morning colleagues.  I hope you all had a wonderful time at the Ninth Circuit’s Judicial Conference in San Francisco last week.  For those of you who were unable to attend, we missed you.

Please see the attached Save the Date and Sponsorship flyers that I received from the Ninth Judicial Circuit Historical Society (“NJCHS”) regarding their upcoming gala event set for September 26, 2017 at the City Club in Los Angeles.  Tickets and sponsorship are also available off their website.  Read more…

Mortgage Refinance Calculator

This “tool” is really nice.  If you want to refi your mortgage and get a lower interest rate, you have to pay points, appraisal, other costs etc.  You’re actually in the hole for a while.  Is it worth it?  This calculator is just my style – SIMPLE and gives you a straight answer.  You can get it here.

Bringing an Action in Federal Court versus State Court.

On another list serve an attorney asked if there was any benefit to bringing an action in federal court versus state court (assuming there is diversity).  My friend Gary Wallace’s answer is great.

There are a great many differences between the two forums.  Here are some:

1.    Filing fees differ, especially post-complaint filing.  E.g., MSJ fee now $500 in state court.  Non-refundable $150 jury fee must be posted very early in the case (or waiver may result) (CCP 631).  Typical motion fee: $60.  It can add up.

2.    Time to respond to complaint: 21 days in federal court vs. 30 days in state court.

3.    Recording of proceedings:  Under federal law, each session of court and every proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, stenotype, stenomask, or electronic sound recording equipment. The method of recording may be elected by the district judge.  In contrast, budgetary constraints have greatly reduced the availability of court reporters in state court proceedings and there is little or no electronic recording. Read more…