All posts in Community

Former Corinthian Students Should File a Proof of Claim

The “bar date” to file a proof of claim in the Corinthian chapter 11 bankruptcy case is July 20, 2015.  If you think Corinthian owes you money for any reason, you should file a proof of claim in the case.  The proof of claim form is here.  On line one you put in the amount you think it owes you.  You should have some rational basis for the amount but it does not have to be precise at this time unless of course you can make it precise.  It should be the amount you think you would win if you sued the school outside of bankruptcy court.  You should attach documents if you have them.  If you screw something up on the form, the courts are pretty casual about letting you fix it later, i.e., file an amended proof of claim.  The big thing is don’t blow that date.

Very helpful instructions can be found on the Public Counsel website here.

Once it is done, mail it to

Corinthian Colleges, Inc., et al. Claims Processing, c/o Rust Omni, 5955 DeSoto Ave., Suite 100, Woodland Hills, CA 91367.

The big think is don’t be intimidated by the process.  You won’t be shot if you do it wrong.  If you file it late however, you are assured of getting nothing.

1935 Quote by Prof. Roger Foster Analogizing The Relationship of the Supreme Court & the Bankruptcy Community to Greek Gods and Mere Mortals

I found Prof. Foster’s analogy, from Dan Bussel’s commentary, quite interesting in analogizing the relationship of the Supreme Court and the bankruptcy community to that of the Greek gods and mere mortals.

“The decisions of the Supreme Court may fall like thunderbolts from Almighty Jove. There is a blinding flash, perhaps some spectacular damage to a restricted area. Temporarily there is terror and repentance. But soon calm is restored and with it confidence that, granted a proper observance of prescribed rituals and occasional adaptation of their form to the whims of an angry god, there is likely to be very little interference with the actual plans of those who walk the earth below.”

Think of Stern v. Marshall and Wellness.

Read more…

June 18, 2015 – SFVBA – Settling with the Trustee

San Fernando Valley Bar Association – Bankruptcy Law Section
Settling with the Trustee

Panel: Stella Havkin; Michael Kogan; Wes Avery

Current and former Chapter 7 trustees and counsel discuss the do’s and don’ts of making deals in bankruptcies with Chapter 7 trustees.

Read more…

7/8/15 – What Can Bankruptcy Courts Decide After Wellness International?

What Can Bankruptcy Courts Decide After Wellness International?

Join CLLA for an Educational Webinar on the Wellness International Network Ltd. v. Sharif decision.

Overview:
Stern v. Marshall shook the bankruptcy world by holding that bankruptcy courts could not constitutionally exercise all of the authority granted to them by statute. However, the Stern decision left open as many issues as it decided. Four years and two more Supreme Court decisions later, the contours of the bankruptcy court’s authority have become clearer. This webinar will examine how Stern v. Marshall challenged Congress’s grant of authority to the bankruptcy courts and how the decisions in Executive Benefits Insurance Agency and Wellness International have defined the issues that can be heard and decided by the bankruptcy court and which must be submitted to the district court for de novo review. The webinar will also examine the role of consent, including how that consent must be manifested.

Read more…

6/9/2015 – BANKRUPTCY ETHICS AND UNBUNDLING LEGAL SERVICES

BANKRUPTCY ETHICS AND
UNBUNDLING LEGAL SERVICES

Honorable Meredith A. Jury, United States Bankruptcy Court Judge
Abram (“Abe”) S. Feuerstein, Assistant United States Trustee
Misty Perry Isaacson, Esq., Pagter and Perry Isaacson, APLC

Join us for this unique opportunity to hear from the concurring BAP Judge in the Seare decision and a preview of Local Rule changes on unbundling of legal services.

Tuesday, June 9, 2015
No Host Cocktails 6:00 p.m. ~ Dinner 6:15 p.m. ~ Program 7 p.m.

Marriott Riverside at the Convention Center
3400 Market Street, Riverside

Read more…

Triple Crown Winner, American Pharoah, Almost Repossessed During 2010 Bankruptcy Filing

Long before Triple Crown winner American Pharoah was born, he was almost repossessed.

American Pharoah came from a pair of racehorses whose unborn foals were collateral for a loan that went bad in 2010.   Stable owner, Ahmed Zayat, put his stables into bankruptcy protection and protected his horses (including unborn American Pharoah).   Before it filed for bankruptcy in 2010, Zayat Stables LLC had run up more than $38 million in debts, mostly to Fifth Third Bank, which accused Zayat of trying to dodge a personal guaranty.

The chapter 11 case temporarily halted Fifth Third Bank’s effort to repossess $37 million worth of horses, including American Pharoah’s parents, Pioneerof the Nile and Littleprincessemma.

Read more…

9th Circuit Annual Report

The 9th Circuit Annual Report which summarizes 2014 is available now.  You can access it here.

Wise Words by the Honorable Sheri Bluebond, Chief Judge!

My good friend Paul McCullum was sworn in today by none other than the Chief Judge of the Central District Bankruptcy Courts, the Honorable Sheri Bluebond. His family flew over from Indiana to watch him take the oath. It was a tremendous occasion and I was honored to be invited. The best part was Judge Bluebond’s moving pre-Oath “advice to new lawyers” which contains sage advice for practitioners of all seasons. With her permission, I am happy to share: Read more…

Specialization Exam Class Coming Up

Counsel:

Our next monthly class (with MCLE credit) to prepare for the October, 2015 Exam will be held from noon to 1:30 pm on June 19, 2015 in the basement of 6055 E. Washington Blvd., Los Angeles CA 90012.  Free parking.  Dennis (this is the second of the two classes he always teaches alone) will be discussing Chapter 21 of the Blum Book (viz. Chapter 11 practice).  The texts for the free course are as follows (available on Amazon.com):

(1)     Blum, Brian A. – Bankruptcy and Debtor/Creditor Examples and Explanations 6th Edition (ISBN 1454833912); [Class Textbook]

(2)     EZ Rules for the Bankruptcy Code (ISBN 978-0-7355-7197-6) [Bankruptcy Code translated into Layperson English];

(3)     Martin, Nathalie – The Glannon Guide to Bankruptcy (ISBN 978-0-7355-0728-9); [Problem Sets]

(4)     AWHFY, L.P. – Annotated Mini Code Mini Rules Western Edition (ISSN 1553-264X) [9th Circuit Caselaw]; and

(5)     Markell, Bruce A. – Questions & Answers: Bankruptcy (ISBN 978-0-8205-5673-4) [Problem Sets]

Wesley H. Avery

Note:  The forms to sign up for the exam and information about the exam can be accessed here.  

Employers Must Accommodate Pregnant Workers!

The Pregnancy Discrimination Act added new language to the definitions subsection of Title VII of the Civil Rights Act of 1964. The first clause of the Pregnancy Discrimination Act specifies that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.”

The Act’s second clause says that employers must treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work.”

Read more…