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Court To Implement CM/ECF Filing Agent on July 16, 2012

By | June 22, 2012 | Court Clerk Information, Current Events | No comments

On July 16, 2012, the Court will implement CM/ECF Filing Agent. Filing Agent is an optional feature that enables registered CM/ECF users to assign unique logins and passwords to support staff filing electronic documents on their behalf. Filing Agent will also provide all registered CM/ECF users with the ability to maintain email account information via the Utilities > Maintain Your ECF Account hyperlink (pursuant to LBR 2091-1, registered users are prevented from using Filing Agent to change their address).

The Court has posted an Electronic Learning Module (ELM), containing the necessary steps to associate a Filing Agent to a registered CM/ECF user’s profile. Please note that since the ELM was created by the National Training Branch, some CM/ECF screen information depicted in the ELM may be slightly different from the information contained in the Court’s CM/ECF system (i.e., group names).

We encourage all registered CM/ECF users who are interested in using Filing Agent to review the ELM and become familiar with the process. To access the public notice announcing the implementation of this new feature and the ELM for training click this link:

http://www.cacb.uscourts.gov/cacb/Welcome.nsf/PN12-010?OpenPage

A second link appears inside the public notice to review the ELM or go to the CM/ECF webpage under Registration/Training.

Detailed instructions for maintaining your Filing Agent and email account information are attached.

Orange County Bankruptcy Forum Brown Bag Program — Individual Chapter 11 Cases: Tips and Pitfalls

By | June 21, 2012 | Programs | 1 Comment

Orange County Bankruptcy Forum — Brown Bag Program
Individual Chapter 11 Cases: Tips and Pitfalls
July 12, 2012

Speakers:
Michael Hauser, Attorney for Office of the U.S. Trustee
Rob Goe, Goe & Forsythe, LLP

This event is approved for 1.0 hour of MCLE credit.

Ronald Reagan Federal Building
411 W. 4th Street, Santa Ana
Chapter 13 Meeting Room ~ Room 1154

Registration begins at 11:30 a.m.
THE PROGRAM WILL COMMENCE AT 12:00 SHARP!
*Despite the name “Brown Bag,” no food or beverages are allowed in the meeting room.

Members and Government Employees $10 / Non-Members $25

Register here. 

Planned Electrical Power Outage – Friday, June 22, 2012, 7:00 p.m. to 9:00 p.m.

By | June 19, 2012 | Court Clerk Information, Current Events | No comments

ATTENTION ALL ECF USERS:

On Friday, June 22, 2012 GSA will be shutting off electrical power to the Roybal Building in Los Angeles. As a result, the following systems will be down beginning at 7:00 p.m. and will not be available until approximately 9:00 p.m.

CM/ECF Live System
CM/ECF Training (not available to complete homework assignment)
LOU
VCIS
LA Archive

We apologize for any inconvenience this may cause.

Best regards,

ECF Help Desk
(213) 894-2365

CM/ECF Tips to Avoid Filing Errors

By | June 19, 2012 | Court Clerk Information, Current Events | No comments

ATTENTION ALL CM/ECF USERS Re: CM/ECF Tips to Avoid Filing Errors

Entering the Jury Demand when Opening an Adversary Complaint:

When Opening and Adversary Proceeding, the monetary value in the Jury Demand field must be rounded up to the nearest thousand. For example, a Jury Demand for $25,000.00 should be entered as 25 only. It is essential that this information is entered correctly so it is accurately reported to the Statistical Division of the Administrative Office (AO).

Was your Client’s Chapter 7 Case Closed Without a Discharge?

Avoid this situation by filing the Financial Management Certification (Official Form 23) within the required time of 60 days from the first day set for the meeting of creditors or after the 341(a) meeting. This will prevent the case from being closed without a discharge, avoid having to file a motion to reopen the case and paying reopening fees.

Read more…

Reaffirmation Discussion: Can the auto lender pick up the vehicle after the Court refuses to approve the reaffirmation? Prof. Scarberry thinks so.

By | June 15, 2012 | Current Events, Reaffirmations | 3 Comments

From a discussion from another listserve: (Remember Prof. Scarberry is brilliant but creditor oriented).

 

Looking for some suggestions.  We’re finding that most car lenders won’t repo and will accept tender of payments if debtors comply with all requirements of 362(h) and 521(a)(2) but the reaff is denied based on undue hardship.  One lender – San Diego County Credit Union – simply refuses tender of payment after the reaff is denied, and then picks up the car after discharge.

For those of you at NACBA in San Antonio less than two months ago, Bankruptcy Judge Eileen Hollowell of Arizona spoke on reaffs and “ride through”.  Her Moustafi opinion essentially allows ride-through in the above circumstances, and her form Order was included in the NACBA materials.  In her form order, she specifically orders the creditor to continue accepting payments.

Here’s where I get lost.  Last year, there was a San Diego County Credit Union case that went up to the BAP.  Judge Hollowell was on that BAP panel which held that:

…a creditor does not violate the Bankruptcy Code by refusing to accept payments tendered by a debtor. Additionally, we did not find any other federal law that may apply.

If 521(d) (which makes ipso facto default clauses unenforceable) is inapplicable in a case because debtors have fully complied with 362(h) and 521(a)(2), isn’t acceptance of tender implicit – even mandatory – in the terms of an otherwise enforceable contract?

I now have a debtor with a denied reaff, sufficient funds in my trust account from every post-petition refusal of tender, and a guaranteed repo in a few days when the discharge issues.

Gary Holt
San Diego

Read more…

Federal Bar Association — ANNUAL SUPREME COURT REVIEW with Edwin Chemerinsky

By | June 13, 2012 | Current Events, Programs | 3 Comments

Federal Bar Association – Los Angeles Chapter
ANNUAL SUPREME COURT REVIEW
September 27, 2012
Time: 12:00 p.m. – 1:30 p.m.
Registration: 11:30 a.m.

Featuring UCI Law School Dean Erwin Chemerinsky.
Also Featuring Annual Judge Barry Russell Scholarship Awards.

Location: The Biltmore Hotel, 506 S. Grand Ave., Los Angeles, CA
Cost: $75 (FBA Members), $50 (government employees/Clerks/Students) $90 (non members)
Group Registration Fees: FBA member table of 9 $650; Nonmember table of 9 $775 Federal judiciary receive complimentary admission.

View flyer here.

Amrane Cohen Has a Position Open for Staff Attorney

By | June 12, 2012 | Chapter 13, Firm Announcements | 1 Comment

Dear Colleagues!

The Chapter 13 Standing Trustee for Santa Ana (& Riverside cases for Judge Houle), Amrane Cohen, has a position open for a new Staff Attorney. If you are interested or you know someone that may be interested, he has indicated that:

you can send applications or cover letter to his e-mail address with a resume and your salary requirements.  His email address is: amrane@ch13ac.com

KEITH HIGGINBOTHAM
2012 cdcbaa President

Prof. Katie Porter to Speak at cdcbaa Program June 23, 2012

By | June 7, 2012 | Programs | 1 Comment

Next cdcbaa MCLE Program is sure to be a hit:

*Bankruptcy Mythbusters* *June 23, 2012*
*Southwestern Law School – 3050 Wilshire Boulevard – Westmoreland Building – 3rd Floor*

Panelist: Katherine Porter, A UC Irvine Law Professor.

General Meeting: 10:30am, CLE 11:00am-1:00pm

Many of you may know Prof. Porter as a UC Irvine Law Professor who was recently named by Attorney General Kamala Harris to serve as monitor of the mortgage settlement between California and five of the nation’s largest banks.  She is a nationally recognized expert in commercial and consumer law, has written several research articles taking aim at the banks and loan servicers for their [okay I’ll say it] FRAUD.  She is well versed in the mortgage crisis from a consumer perspective. Prof. Katie Porter CV

On October 15, 2011 Prof. Porter presented her Bankruptcy Mythbusters program at the National Conference of Bankruptcy Judges and received great reviews by some of our own judges and was mentioned in this blog article: National Conference of Bankruptcy Judges–10/15/2011 Mythbusters, by Stephen Sather.  This article is only a glimpse of what’s to come at our event. This should be very enlightening.

She has a book, Broke: How Debt Bankrupts the Middle Class by Stanford Press, 2012.  Those of us that read and/or write blogs know her contributions to Credit Slips blog as a co-founder and contributor.

By clicking on any of the links provided herein you will find plenty of information regarding her contributions to consumers, her country and our practice. We are certainly privileged to have her as our guest for our next MCLE event.

See you all there!

— Christine A. Wilton, Esq. Law Office of Christine A. Wilton

Bye-Bye Blackberry?!? What is a bankruptcy professional to do?

By | June 4, 2012 | Community | 1 Comment

iPhone or Android Time?

Research in Motion, maker of the blackberry is struggling and could be sold.  Get the story here.

Aram Ordubegian @BK_law

The Section 1111(b) Election

By | June 3, 2012 | Books & Articles, Chapter 11 | 1 Comment

I promised the folks who attended the Nuts & Bolts Program at UWLA yesterday that I would post my article on the Section 1111(b) election.  The Section 1111 fin

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