All posts in Community

11th Annual cdcbaa Calvin Ashland Awards dinner

The cdcbaa annual dinner is Thursday November 6, downtown at the LA Hotel, formerly the LA Marriott.  It is at 2nd and Figueroa.

 We are honoring Judge Sheri Bluebond as our Judge of the year.  At least 8 judges have sent us rsvps.

 The dinner is free to members but you must sign up on our website so we can tell the hotel how many will attend.  The info from the website is below.

 I hope to see you there.  Nancy Clark will be sworn in as our new President.

2014 Calvin Ashland Awards Dinner

The LA Hotel (formerly the LA Marriott) – 333 S. Figueroa Street, Los Angeles, CA 90071

Please join us for a night of celebration to honor the Hon. Sheri Bluebond – this year’s Calvin Ashland Judge of the Year. Location: The LA Hotel (formerly the LA Marriott Hotel). 333 Figueroa Street, Los Angeles, CA 90071 Jazz Trio featuring Bruce Campbell followed by dinner and awards presentation at 7:00 p.m. Reception and no-host bar at 6:00 p.m. cdcbaa MEMBERS: 2014 cdcbaa annual membership fee includes one free ticket to this dinner. Please complete the form and indicate your meal preference. Members must RSVP prior to October 24, 2014 to attend the dinner at no cost. NON MEMBERS AND GUESTS: $95 for on-time non members and guests with RSVP and payment received by 10/24/14* $125 non members and guests RSVP and payment received after 10/24/14. $150 at the door. $75.00 Judicial Officers/ Government Employees

David Hahn Memorial Service

Thanks to Sheila Pistone for this.  David Hahn was a good guy.

DAVID L. HAHN
Celebration of Life

Wednesday, October 15, 2014

You are welcome to gather and visit with friends and the family at 5:00 pm.
The Celebration of Life will begin at 5:30 pm.  Food and beverages will be served.

The service will take place beachside in northern San Clemente . Parking will be available in the area around the San Clemente DMV (2727 Via Cascadita, San Clemente , CA. Attendees will then walk one block across the PCH to the beach where the service will be held.

Please note: It is recommended that you dress casual and prepared for the beach and the weather. You may want to bring a lawn chair and blanket with you. After the Celebration we invite you to all enjoy a toast and the sunset together.

SFVBA October 16 Noontime Program on 9th Cir. Bankruptcy Opinions with counsel and Judge Ahart

SFVBA October 16 Noontime Program on 9th Cir. Bankruptcy Opinions with counsel and Judge Ahart

On Thursday, October 16, 2014, starting at 12 noon sharp, the Bankruptcy Section of the San Fernando Valley Bar Association will present a program on 9th Circuit bankruptcy opinions from the past year. The panelists are Judge Ahart, Ray Aver and Gregory Salvato.

The program is important because none of us can keep up with the opinions issued by the 9th Circuit. Many important opinions will be covered by the panelists. The program materials are substantial. As always, the panelists will take questions and comments during the program.

The program charge (which includes the program, the materials and lunch) is inexpensive:

Member $30.00

Non-Members $40.00

Member at Door $40.00

Non-Member at Door $50.00

Government rate – contact me. It’s real cheap.

Read more…

10/20/2014 – A Celebration in Honor of Pro Bono Volunteers

United States Bankruptcy Court cordially invites you to:
“A Celebration in Honor of Pro Bono Volunteers”

Date: Mon., Oct. 20th

Time: 9:00-9:45

Loc: Roybal Federal Building

255 E. Temple Street

Los Angeles, CA 90012

RSVP: Jennifer_Wright@cacb.uscourts.gov or (213) 894-8894

The celebration will include a thank you breakfast with breakfast pizzas (on crust with eggs, cheese and meat or veggies), hash browns, fresh fruit, breakfast breads (such as Danishes, mini-muffins and donuts), coffee and refreshments.

11/4/2014 – Settlement Agreements: What You Need to Know for State and Bankruptcy Courts

Settlement Agreements: What You Need to Know for State and Bankruptcy Courts

Panel:
Hon. Julia W. Brand, U.S. Bankruptcy Court
Stella Havkin, Esq., Havkin & Shrago
Raymond H. Aver, Esq., Law Offices of Raymond H. Aver APC

Moderator:
Christian Cooper, Esq., Public Counsel

Date: Tuesday, November 4, 2014
Time: 9am to 12 pm
Location: Roybal Federal Building
255 E. Temple Street, Assembly Room 1268
Los Angeles, CA 90012

YOU MUST COMPLETE A TWO-HOUR PRO BONO COMMITMENT BEFORE ATTENDING THE PROGRAM

Read more…

Insutrctional Packet: Total and Permanent Disability Discharge

Please find attached a copy of DAP’s Total and Permanent Disability Discharge Instructional Packet.

Individuals can now apply for a total and permanent disability discharge of their federal student loans if they have been declared disabled by any of the following:

1) Social Security Administration;
2) Department of Veteran’s Affairs; or
3) Physician.

*Please note that individuals applying for this type of relief do not need to file for bankruptcy*

General Quаlіfісаtіоnѕ аnd Aррlісаtіоn Prосеѕѕ fоr TPD
Please nоtе: If you rесеіvеd nоtіfісаtіоn thаt you аrе eligible for TPD, you wіll nоt need tо provide ѕuрроrtіng dосumеntаtіоn showing thаt уоu are tоtаllу аnd реrmаnеntlу disabled, you can even add on to this by getting a Long Term Disability Claim.

If you have nоt rесеіvеd nоtіfісаtіоn that уоu are еlіgіblе fоr TPD and wоuld lіkе tо be considered, you muѕt рrоvіdе documentation from оnе оf three ѕоurсеѕ:

1. Thе U.S. Dераrtmеnt оf Vеtеrаnѕ Affаіrѕ (VA)
Wе rесеntlу established a рrосеѕѕ wіth thе VA to іdеntіfу vеtеrаnѕ whо are eligible fоr a TPD dіѕсhаrgе. If identified уоu, wе wіll ѕеnd you a nоtісе аnd іnfоrm you thаt уоur loans wіll bе dіѕсhаrgеd іn 60 days unlеѕѕ you request tо not rесеіvе a dіѕсhаrgе. However, іf уоu’rе a disabled veteran whо has nоt уеt rесеіvеd nоtісе thаt you’re еlіgіblе fоr TPD, you still qualify for a TPD discharge bу providing documentation from thе VA thаt ѕhоwѕ уоu have rесеіvеd a VA dіѕаbіlіtу dеtеrmіnаtіоn because уоu (1) have a ѕеrvісе-соnnесtеd disability thаt is 100% disabling; оr (2) are totally dіѕаblеd based on an іndіvіduаl unemployability rаtіng.

2. Thе Sосіаl Security Admіnіѕtrаtіоn (SSA)
If you’re еlіgіblе for Social Security Disability Inѕurаnсе (SSDI) оr Suррlеmеntаl Security Inсоmе (SSI), уоu саn ԛuаlіfу fоr a TPD dіѕсhаrgе if уоu рrоvіdе a copy оf уоur SSA notice оf award оr Benefits Planning Quеrу ѕhоwіng that your nеxt ѕсhеdulеd dіѕаbіlіtу rеvіеw wіll bе five to ѕеvеn уеаrѕ or mоrе frоm thе dаtе of your lаѕt SSA dіѕаbіlіtу dеtеrmіnаtіоn, a social security disability lawyer can be able to provide you further information.

3. A рhуѕісіаn
A Dосtоr оf Medicine (M.D.) оr dосtоr оf оѕtеораthу/оѕtеораthіс mеdісіnе (D.O.), who is licensed to рrасtісе іn the U.S., can сеrtіfу Sесtіоn 4 of your TPD dіѕсhаrgе аррlісаtіоn bу dосumеntіng that уоu are unable tо engage in аnу ѕubѕtаntіаl gаіnful activity due to a рhуѕісаl or mental impairment that:

Cаn be еxресtеd tо result іn death;
Has lasted for a соntіnuоuѕ реrіоd оf at lеаѕt 60 months; оr
Cаn bе еxресtеd tо lаѕt fоr a continuous period оf at lеаѕt 60 mоnthѕ.

If you’re a vеtеrаn whоѕе TPD discharge аррlісаtіоn іѕ аррrоvеd bаѕеd оn dосumеntаtіоn from thе VA, уоu aren’t ѕubjесt to a роѕtdіѕсhаrgе three-year mоnіtоrіng period listed above, we recommend getting in contact with disability attorneys for further information.

https://johnehornattorney.com/social-security-attorney-downers-grove/

Dean Chemerinsky Speaking on the Future of Bankruptcy Courts

ORANGE COUNTY BAR ASSOCIATION
COMMERCIAL LAW & BANKRUPTCY SECTION

September Meeting
WEDNESDAY, September 24, 2014
11:45 a.m. to 1:30 p.m.
ONE TIME CHANGE IN DATE, TIME & LOCATION

Speaker:
Erwin Chemerinsky
Founding Dean, Distinguished Professor of Law
University of California Irvine, School of Law

Commentary and Questions:
Hon. Theodor C. Albert
U.S. Bankruptcy Court, Central District of California

Hon. Mark S. Wallace
U.S. Bankruptcy Court, Central District of California

Program Managers:
Richard Marshack, Esq.
Kelly Zinser, Esq.

Read more…

Instructional Packet: Reopening Case to File Post Financial Management Course Certificate

Dear colleagues,

I have attached a copy of our recently revised instructional packet for debtors seeking to reopen cases that the court closed without a discharge because the debtors did not submit the financial management course certificate and/or Form B23. This version of the packet includes updated instructions, forms, and service information for judges.

Regards,

Christian Cooper

Staff Attorney
Consumer Law Project & Debtor Assistance Project

Public Counsel
610 S. Ardmore Ave. | Los Angeles, CA 90005
(213) 637-3825 | fax (213) 385-9089
ccooper@publiccounsel.org | publiccounsel.org

 

Dealing With Mortgage Owners Who Won’t Foreclose — A Possible Bankruptcy Option

Dealing With Mortgage Owners Who Won’t Foreclose — A Possible Bankruptcy Option

by Siu Yan Chan[1] and John Rao
NCLC eReports, July 2014, No. 4
Bankruptcy; Foreclosures and Servicing

Consumer advocates have struggled with finding ways to force mortgage holders to foreclose on property that their clients no longer wish to keep and in fact may have vacated. Homeowners having vacated a home may be better off expediting a foreclosure to stop the accumulation of fees and other expenses for which the homeowner continues to bear responsibility until the foreclosure. A recent bankruptcy court decision offers the possibility that the chapter 13 plan confirmation process might be used to obtain an order conveying the property to the mortgage holder.

THE ZOMBIE MORTGAGE PROBLEM

Homeowners who vacate their homes in response to a pending foreclosure often hope the foreclosure sale will put an end to certain of their financial problems. Until the property is sold at a foreclosure sale, they remain responsible as owner for the property taxes and homeowners’ association (HOA) fees. They are also responsible for maintenance of the property, and can face potential liability for local housing code violations and any personal injuries occurring on the property.

SIMPLY FILING BANKRUPTCY MAY NOT BE THE SOLUTION

Simply filing bankruptcy may not speed up a foreclosure sale or eliminate the homeowner’s continued liability for various fees and expenses. Although the debtor’s mortgage debt (but not the lien on the home) may be discharged, as well as any prepetition HOA fees, an exception to the discharge obtained in a chapter 7 case provides that the debtor remains liable for any postpetition HOA fees that come due until the property is sold.[2]

Read more…

July 19, 2014 – CDCBAA – In re Bellingham

On July 19 the Central District Consumer Bankruptcy Attys (cdcbaa) will hold our First Annual James T. King Bankruptcy Symposium. The topic is In re Bellingham, the new Supreme Court case dealing with core/non-core distinctions and the power of Congress to give power to non-Article III Judges (as you all know).

The panel will be Judge Richard Paez who wrote the opinion for the 9th Circuit Court of Appeals that was appealed to the Supreme Court; Prof. John Pottow from the University of Michigan School of Law who argued the case successfully for the appellees at the Supreme Court. He is really a fun guy to listen to. And Judge Meredith Jury who sits on the BAP and follows these issues carefully. I will be the moderator and try to stay out of their way.

Besides Bellingham, there will be some discussion generally about appeals process. This is really an exceptional panel!

The program will be at Southwestern Law School on July 19 from 11am to 1pm and will be free to members of cdcbaa as always. We will permit non-members to attend for $95. We will invite the local judges as well.

ONE PROBLEM. The room holds only 130 persons and the law school is adamant that we not permit more than that many to attend.

So we are going to require RSVPs. There is a button on the cdcbaa website for the program to RSVP – www.bklawyers.org. We will cut it off when it gets to 130 persons. So please go to the website and RSVP if you want to attend. You can pay the $95 fee on that website as well. We will allow persons who have not been members of the cdcbaa for the past 3 years to join for the rest of the year 2014 now at the reduced price of $175.00 which includes the Ashland Dinner, this program and the two remaining programs for the year.

Our administrator is Linda Righi at cdcbaa@aol.com.