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AUSA position available

By | April 28, 2020 | Firm Announcements | No comments

Email from Brendon Mockler, AUSA to Nina Javan

I saw your names listed on LACBA’s website as chair and vice chair of the Commercial Law and Bankruptcy Section.  I thought you might be able to help me pass along some information.

My section will soon post a vacancy announcement for an AUSA position in Los Angeles.  Although my section does not handle bankruptcy matters, our line of work has many similarities.  Our practice, which is mass volume, primarily involves enforcement of criminal restitution and fine obligations.  It would be particularly valuable to recruit a bankruptcy or collection lawyer, as many, if not all, of the essential skills overlap.

I was hoping you could pass along this email or my contact information to anyone who may be interested in the position.  I’m looking to generate some interest before posting the announcement on the Department of Justice website, and I’m happy to speak on the phone with all potential applicants so they can learn more about the position.

Please let me know if you can help.  I really appreciate your time.  Much thanks!

Brendan T. Mockler | Assistant United States Attorney

213.894.5707 | brendan.mockler@usdoj.gov

Congratulations to Russ Stong

By | April 24, 2020 | Firm Announcements, Specialist Information | 1 Comment

Resnik Hayes Moradi LLP long time associate Russ Stong has just been notified that he passed the California state bar Bankruptcy Specialist Exam!  Our congratulations to him.   That means four of the seven RHM attorneys are certified bankruptcy specialists (at least as soon as Russ can get the rest of the forms into the state bar).

Letter from BMW in SBRA case

By | March 4, 2020 | Chapter 11, Current Events | No comments

This is kind of galling if you ask me.  I just got this letter from a “a bankruptcy servicing company” relating to new Small Business case I just filed.  What is the point, I wonder, of instantaneously and unilaterally discontinuing “online access, monthly statements, notification emails,” and the “easy pay program”?

Dear M J HAYES:

We are AIS Portfolio Services, LP a bankruptcy servicing company for BMWF Financial Services. BMW Financial Services received a notice of bankruptcy filing on the above referenced account. As a result, online access, monthly Account Statement mailings, statement notification emails and, if applicable, the Easy Pay Program, have been discontinued.

Please be aware this letter is not an attempt to collect a debt nor is it a demand for payment. The information below, including payment options, is being provided for informational purposes only.

If you wish to make voluntary payments, you may do so anytime using BMW Financial Services automated phone system, paying by check, bank bill pay, or Western Union.  For all payments made, please include your account number and remit to:

BMW Financial Services NA, LLC
PO Box 78066
Phoenix, AZ 85062
Toll free – 800 – 398 – 3939

If you have any questions, please contact a Bankruptcy Specialist at (888) 455-6662, Monday through Friday, from 9:00 a.m. to 5: 00 p.m.ET

Great Judicial Profile of Judge Margaret Mann

By | February 25, 2020 | Programs | No comments

I told Judge Mann in San Diego once that she always has a smile on her face.   One of my favorite people.  Now I find out she is catholic and from the south side of Chicago!  We are kindred obviously – although my family left Chicago when I was three.  Take a look at the Judicial Profile just published by the California Lawyers Association.   

Meet the BAP judges at The James T. King Southern California Bankruptcy Inn of Court – February 27, 2020

By | February 20, 2020 | Programs | No comments

The James T. King Southern California Bankruptcy Inn of Court with our President Tamar Terzian invites you to join us on Thursday, February 27, 2020 at 6:00 p.m. for the reception and 6:30 p.m. dinner and presentation of

– Nomenclature Education:

Ex. Roll ups, Whole Premiums, DIP Financing and Who is in Control, Interest Pre vs. Post Petition

by pupillage team 3 Team Leaders Roksana Moradi-Brovia and Adojoa Anim-Appiah with special guests, the BAP Judges

Our program moderator for the meeting is the Honorable Judge Sheri Bluebond Read more…

San Fernando Valley Bar Assn 9th Circuit Review

By | February 18, 2020 | Programs | No comments

Email from Steve Fox:

Dear All:

This is one of our perennial programs.  Usually a 9th circuit review program tries to run through 50 or 60 opinions in one hour’s time.  Our program is different.  We try to get through as many as 20 opinions in 75 minutes.  The difference allows our panelists, the Honorable Victoria Kaufman, Stella Havkin and Nancy Zamora, to take time to examine each case, to consider them a bit more slowly and to draw out their meanings.  I understand that a key rule in cigar smoking competition, yes there is such a thing (and a recent speaker for the section was recently in an international competition in cigar smoking contest) is to take your time.  We do the same with the Ninth Circuit review program.

This is a good program.  Good speakers.  Good location.  Good food.  Great price, far, far below that which the other bars charge and parking is validated.  You cannot spent a better lunchtime than with us on Friday.

Here are the details.

Location:             San Fernando Valley Bar Asso, 20750 Ventura Blvd #140, Woodland Hills, CA 91364

Date/Time:         Friday, February 21, 2020, lunch, 12 noon to 1:30 p.m. Read more…

14th Annual Review of 9th Circuit Decisions Saturday January 18, 2020, Southwestern Law School

By | January 10, 2020 | Programs | No comments

14th Annual Review of 9th Circuit Decisions on Bankruptcy in 2019

January 18, 2020
Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:
Hon. Christopher Klein
Bankruptcy Judge, Eastern District of California

Hon. Julia Brand
Bankruptcy Judge, Central District of California, Los Angeles Division, and member of 9th Circuit Bankruptcy Appellate Panel

M. Jonathan Hayes
Resnik Hayes Moradi LLP

Where:
Southwestern Law School Read more…

San Fernando Valley Bar Association; Small Business Reorg Act Program Friday, 12/13, 2019 at 12 noon

By | December 6, 2019 | Chapter 11, Programs | No comments

Email from Steve Fox

Dear All:

We have a really timely and good program for you.

Starting in February, 2020, small businesses (including individuals) will have a new means to reorganize under chapter 11, the Small Business Reorganization Act (or “SABRA”).  The Act packs a lot of power, a lot of issues and a lot of food for thought.  Perhaps 90% of all businesses filing under chapter 11 could be eligible to opt in to SABRA and its provisions.  SABRA may also be a means to handle oversized chapter 13 cases.

The panel has been working hard on this topic.  Lew Landau is an experienced chapter 11 practitioner.  Jeremy Rothstein of Greenberg & Bass is the author of an article about SABRA.  Judge Ahart (ret) is well known to section members as a fine speaker and thinker. Yours truly is also on the panel.  Given the amount of material and issues, the panel will speak for 2 hours instead of the normal 1 and ¼ hours.  The panel has spent hours debating the statutes, what they mean or what they could mean.  If the panel does not have definitive answers, something which happens when a new law is passed, the panel will have the right questions. Read more…

Random thoughts for the week.

By | November 22, 2019 | Community | No comments

The 9th Circuit Court of Appeals is authorized for 29 judges. As of last week, it is finally full. Of those, eight were appointed by Trump, and seven by Obama, or slightly more than half.  Rounding out the rest, five were appointed by George Bush, and nine by Bill Clinton – so 13 republicans and 16 democrats. For completeness, there are also 18 “senior status judges,” who take a reduced load of cases. The senior status judges don’t vote on en banc petitions.  The 9th Circuit had 10,500 new case filings in 2018.

I was visiting with a couple non-bankruptcy lawyer friends who are almost as old as me, 120 years of experience at the table. I mentioned that debts go away in bankruptcy, liens don’t.  Huh?  You don’t owe the car debt anymore but if you don’t pay it they can take the car.  One said “bizarre”!  If it’s bizarre to experienced lawyers, I can understand a little better why it makes no sense to our consumer clients.

Desiree Causey is having the trip of a lifetime. She and her husband started in Rome – seems like a few weeks ago. Then to Greece, Israel, Palestine, Egypt to see the pyramids, Jordan. I see her posts on facebook everyday.

It’s really annoying to me that the two California senators are holding up confirmation of a badly needed Central District judge.  I’m a lifelong Democrat so it’s not politics to me.  But according to an article in the Daily Journal today – 11/22/2019 – the candidate Jeremy Rosen is clearly qualified and has significant “support among ideologically-diverse colleagues” but our senators are withholding approval “effectively vetoing Rosen’s candidacy, at least for now.”

By the way, November 22 is the darkest day of my life.  I was a freshman at Serra High School in Gardena in 1963 when JFK was shot down.  They announced it on the school intercom.   I still rarely watch the documentaries about that day.

David Guess joins Greenberg Traurig

By | November 15, 2019 | Firm Announcements | No comments

Guess_David_340My friend David Guess has joined the international law firm of Greenberg Traurig, “a law firm with more than 2,100 lawyers in 41 locations,” according to the website which says:

“David M. Guess focuses on business bankruptcy cases, out-of-court workouts, and bankruptcy litigation. He represents debtors, secured and unsecured creditors, asset purchasers, trustees, committees, litigation trusts, fraudulent transfer defendants, landlords, and others. David has particular experience in real estate, hospital, skilled nursing facility, retail, and restaurant bankruptcies, bankruptcy appeals, and fraudulent transfer litigation arising from failed LBOs and spinoffs.”

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