From the Insolvency Law Committee Bankruptcy e-Bulletin:
A California appellate court has held that a mortgagor may recover for intentional infliction of emotional distress from a mortgagee that falsely promised to modify her loan but then proceeded to foreclose. [Ragland vs. U.S. Bank, N.A., 2012 Westlaw – – (Cal.App.)]
I’ll post the cite as soon as I get it.
More Riverside news from our friend and member Michael Gouveia:
Your cases filed this week will be scheduled for creditors meetings at 3801 University, Riverside, CA 92501. The Court has scheduled the Chapter 7 hearings for October 26 with both Mr. Cisneros and Ms. Bui’s hearings both being heard at the same place: 3801 University, Riverside, CA 92501. The cases for October 29 will be: Danielson will be at 3801 University, Room 100-1 Anderson will be at 3801 University, Room 100-2 and Cohen will be at 3420 12th Street???
All the rest of week, the hearings will be on 3801 University (including Mr. Cohen’s November 1st hearing.)
The 14th Street/ Martin Luther King Blvd. Bridge on 91 freeway will be widened starting next week—for two years. Expect major delays using that exit. If you are going to The Riverside Bankuptcy Court, use the Mission Inn Blvd. exit (7th street) off the 91 freeway, or exit off the 60 freeway as the 14th Street bridge will go from three lanes down to one.
The Orange County Bankruptcy Forum and Chapman University School of Law, Co-Sponsors Present the October 20, 2012, Special Project:
Come Learn From Members of the Bankruptcy Court Bench, Top Practitioners and Financial Professionals About How to Handle Issues Including the Preparation of: (1) Cash Collateral Budgets; (2) Plan Feasibility Analyses and Projections; (3) Liquidation Analyses; (4) Operating Reports; and (5) Other Related Issues. These Topics and Others Will Be Examined from Both the Debtor’s and Creditors’ Perspectives, and Members of the Local Bankruptcy Court Bench Will Give Their Perspectives on These Subjects.
Speakers:
Honorable Scott C. Clarkson – U.S. Bankruptcy Court Judge
Honorable Deborah J. Saltzman – U.S. Bankruptcy Court Judge
Eric J. Fromme – Rutan & Tucker LLP
Adam Meislik – Glass Ratner Advisory & Capital Group LLC
Todd C. Ringstad – Ringstad & Sanders LLP
Brian S. Weiss – BSW & Associates
Program Committee: Christopher A. Minier Committee Chair, Beth E. Gaschen, Adam M. Greely & Melissa Davis Lowe
Date/Time: Saturday, October 20, 2012 8:30 a.m. – 12:00 p.m. Continental Breakfast at 8:30 a.m. Program to Commence at 9:00 a.m.
Location: Chapman University School of Law One University Drive, Orange
I attended the Bar Advisory Committee meeting today downtown. Kathy Campbell told us that her office is laying off 24 “temporary” clerks. The term temporary is used only because they are not permanent, that is they are basic “contract” employees. Kathy commented that the clerks have experience obviously with bankruptcy forms and bankruptcy cases and the process so if anyone is looking for a clerk with some experience, call Kathy Campbell and she will see if she can match someone up with your particular needs. Kathy invited the call. Call the clerk’s office downtown and ask for her.
I drove all the way out to San Bernardino to attend the IEBF annual review today. It was worth the trip and the money. Five judges although I figuered Judge Jury has roughly three times more tenure that the other four judges combined. It was a great program. The materials are exceptional.
BEHIND THE WINDOWS OF THE CLERK’S OFFICE
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
OVERVIEW: This is a great opportunity for litigators to learn the ins-and-outs of practice in the Central District of California. Attendees will tour and learn about four of the main departments of the Clerk’s Office: Civil Intake, IT Department, Docketing, and Courtroom Deputies. Young lawyers — particularly those in their first two years of practice — are especially encouraged to attend. Take this opportunity to learn about the Clerk’s Office and the Court, and to ask questions about the filing procedure, from intake to calendaring.
DATE: Thursday, November 8, 2012
Registration: 9:00 a.m. – 9:30 a.m. – Program: 9:30 a.m. – 11:30 a.m. Starts promptly at 9:30 a.m. – Refreshments will be provided.
PLACE: United States Courthouse, 312 North Spring Street, Los Angeles, California Meet in the 10th Floor Jury Room.
FEES: $10 for current FBA members $25 for non-members. FREE for new FBA members, who fax or email proof of new membership along with this registration form. To sign up as a new member, please go to www.fbala.org/Join.php.
PARKING: Please note that parking is not provided. Participants will need to park in one of the pay lots adjacent to the Courthouse.
MCLE: 1.5 hours of MCLE credit will be awarded to those who attend the program
DEADLINE: You must register by October 25, 2012. A 72 Hour written notice of cancellation is required for refund.
Attached is the flyer for our next Debtors’ Rights Clinic (9/27/12). The clinic is free and open to all Los Angeles County residents who are low income. Because we have limited space, we are giving initial priority to callers who are disabled or who are at least 55 years old.
Thank you,
Jose “Joey” Alarcon
Attorney at Law
Bet Tzedek Read more…
Los Angeles Bankruptcy Forum — “Six First Day Motions in Sixty Minutes”
The program will discuss various First Day Motions including Cash Collateral, Utilities, Critical Vendors, Insider Compensation, Employee Issues and Existing Cash Management Systems
October 15, 2012
Networking starts at 6:00 p.m.
Dinner served at 6:45 p.m.
Program starts at 7:30 p.m.
The LA Hotel (formerly Los Angeles Marriott)
333 South Figueroa Street, Los Angeles Read more…
I was so fascinated when I watched the video of Tupac Shakur performing at Coachella this year — and now, less than a year after going public, Digital Domain Media Group Inc., the digital production company founded by director James Cameron has filed for Chapter 11 bankruptcy protection in Delaware.
Digital Domain is best known for its work on the movie “Titanic” and has produced visual effects for more than 90 movies. In April at Coachella, its Tupac Shakur hologram amazed thousands of people when “it” (Tupac!) took the stage and appeared to perform alongside Snoop Dogg.
One of the biggest shareholders in the company is former Miami Dolphins quarterback Dan Marino, who is listed in bankruptcy filings as owning 1.6 million shares.
As of the petition date, the company had total assets of about $205 million and total liabilities of about $214 million.
12-12568-BLS Digital Domain Media Group, Inc.
Case type: bk Chapter: 11 Asset: Yes Vol: v Judge: Brendan Linehan Shannon
Date filed: 09/11/2012 Date of last filing: 09/12/2012
If you like numbers and charts and percentages, you will love this 176 page article, The Consumer Bankruptcy Fee Study: Final Report, by Prof. Lois Lopica. The abstract says in part:
The Consumer Fee Study’s primary objective is to identify and monetize these costs of bankruptcy access through the analysis of quantitative and qualitative data gathered from court dockets and from professionals working within the bankruptcy system. We began the quantitative section with the hypothesis that following BAPCPA’s enactment, the cost of accessing the consumer bankruptcy system increased. We set out to determine the degree of increased costs, as well as to identify the specific policies and practices affecting these costs. Additionally, we endeavored to evaluate, with specificity, how diverse local procedures and guidelines impact the system’s processes and outcomes. Our focus throughout the Study was on the consumer bankruptcy system and its principal stakeholders. Until now, empirical study of BAPCPA’s impact has focused primarily on the system’s demand side, gathering and analyzing financial and sociological data with respect to debtor households. The effect of BAPCPA on debtors, however, cannot be fully assessed without an examination of the architecture that surrounds a consumer’s decision to file, coupled with an account of the complexity of factors that inform and influence the consumer’s experience in the bankruptcy system. This Study addresses issues related to the institutional framework of consumer bankruptcy by not only measuring and monetizing the cost of access, but by also examining the incentives and constraints imposed by the system. Read more…
