The Orange County Bankruptcy Forum
A college of lawyers and others dedicated to the study of bankruptcy and insolvency
June 14, 2012
Judges’ Night: Effective Oral Advocacy
(or how to open your mouth and not insert your foot)
Participating Judges include:
Hon. Theodor C. Albert * Hon. Catherine E. Bauer * Hon. Scott C. Clarkson
Hon. Mark D. Houle * Hon. Deborah J. Saltzman
Hon. Erithe A. Smith * Hon. Mark S. Wallace
(Moderator: Jess Bressi, McKenna, Long & Aldridge LLP)
Dear Colleagues!
cdcbaa members are cordially invited to the Public Counsel’s Judge Lasarow Pro bono Awards Event and Reception in the lobby of the Roybal Federal Building held on June 21st at 5:30 pm.
Please feel free to attend this most worthy event!
KEITH HIGGINBOTHAM
2012 cdcbaa President
Chair, DAP/Pro bono Committee
Just to get a word of caution out there: Some attorneys make it a regular practice to reuse an original, signed electronic filing declaration by making a copy of the original, redating the copy and then filing this redated copy with the court when filing new documents. This practice is analogous to filing a document with forged signatures. If you know of any attorneys and/or their staff who engage in this practice, please kindly ask them to stop as the attorney of record may be subject to sanctions for this conduct.
Aki Koyama
Staff Attorney for Chapter 13 Trustee Kathy Dockery
LOS ANGELES BANKRUPTCY FORUM IN CONJUNCTION WITH PUBLIC COUNSEL ANNOUNCES ITS JUNE 4, 2012 PROGRAM
“ASK THE JUDGES ”
COME AND FIND OUT EVERYTHING YOU EVER WANTED TO LEARN ABOUT BANKRUPTCY BUT WERE AFRAID TO ASK
PANELISTS: UNITED STATES BANKRUPTCY JUDGES
The Honorable Peter Carroll – Chief Judge
The Honorable Vincent P. Zurzolo
The Honorable Sheri Bluebond – Moderator
The Honorable Richard M. Neiter
The Honorable Robert N. Kwan
The Honorable Catherine E. Bauer
The Honorable Deborah J. Saltzman
The Honorable Mark S. Wallace
The Honorable Sandra R. Klein
The Honorable Julie Brand
The Honorable Neil Bason
Here is a letter that was sent to a debtor by GMAC announcing the chapter 11 filing.
The declaration with the First Day Motions states: “The purpose of these Chapter 11 cases is to facilitate an orderly sale of the Debtors’ most valuable assets and an orderly wind-down of Debtors’ remaining assets. The Debtors have negotiated and entered into two separate asset purchase agreements. The first, with Nationstar Mortgage LLC as the proposed stalking horse bidder (“Nationstar”), for the sale of their mortgage loan origination and servicing businesses (the “Platform Sale”), and the second, with AFI as the proposed stalking horse bidder for the sale of their legacy portfolio consisting mainly of mortgage loans and other residual financial assets (the “Legacy Sale” and collectively with the Platform Sale, the “Asset Sales”).”
U.S. Bankruptcy Court Southern District of New York (Manhattan) Bankruptcy Petition #: 12-12020-mg
Judge Martin Glenn
Date filed: 05/14/2012
Debtor Residential Capital, LLC 1177 Avenue of the Americas New York, NY 10036 NEW YORK-NY Tax ID / EIN: 20-1770738 aka Residential Capital Corporation
represented by Larren M. Nashelsky Morrison & Foerster LLP 1290 Avenue of the Americas New York, NY 10104 212-468-8000 Fax : 212-468-7900 Email: lnashelsky@mofo.com
U.S. Trustee United States Trustee 33 Whitehall Street 21st Floor New York, NY 10004 (212) 510-0500
My son Hunter Hayes began his summer associate term at Munger, Tolles & Olsen, LLP this morning. I’m too excited.
Omid Moezzi, Staff Attorney to Chapter 13 Trustee Nancy Curry and Angela Gill, Staff Attorney to Chapter 13 Trustee Kathy Dockery put on a great show this morning at Southwestern Law School. The cdcbaa program was entitled Getting Your Chapter 13 Plan Confirmed and Post-Confirmation Issues.
My two law clerks, Carolyn Afari and Elizabeth Roberson, found out yesterday that they passed the California Bar Exam. They will join my firm as associate attorneys. Both Carolyn and Elizabeth are graduates of University of West Los Angeles and both are former students of mine as is Roksana Moradi, my associate for nearly three years now. Congratulations again.
There is no better feeling that giving to someone in need and helping to relieve the pain and suffering of others.
Those of us who practice consumer bankruptcy law often refer to our practice area as financial and emotional triage.
Typically consumer clients do not make the first call to seek help from bankruptcy counsel until they have exhausted all of the own financial resources (savings, credit, retirement and gifts and loans from family) and many have lost trust in “professionals” because increasing numbers have been taken advantage of through scams and unscrupluous attorneys and others presenting themselves as attorneys who are not licensed. Over the past several years, with the world’s trouble increasing, I’ve witnessed that the average anxiety level of consumer debtors has steadily increased, people started to use the korean panax ginseng in order to get rid of fatigue.
The stress of financial problems are exhausting and invariably lead to lack of sleep which compounds the stress and make consumer debtor feel overwhelmed. Persistent stress and lack of sleep can cause even the average person to become despressed; those who suffer from mental health issues are impacted the worst as their conditions worsen. Persistent creditor collection activity can become very scary to these people, especially given that collection agents can be very aggressive and often threaten horrible things to extract funds. It is not uncommon for these problems to lead consumer debtor to have trouble concentrating and remembering fact necessary for proper prepration and administration of their bankruptcy cases.
In instances like these, the process of representing consumer debtors involves a special combination of counseling and legal representation whereby consumer bankrupcy attorneys must first presuade the consumer debtor that we are here to help them figure out all of their options and that letting go of their credit score and certain real and personal property possessions, if necessary, isn’t always as bad as they may think.
Next, consumer bankruptcy attorneys must instill a certain level of trust in the consumer debtors that we are, in fact, trying to help. Throughtout this process, we must extract necessary informaton from these overwhelmed consumers to address emergency matters such as imminent foreclosure sales, repossesion, law suits, etc.
The process of gathering information from overwhelmed consumer debtors often requires significant time and patience.
Consumber bankrutpcy practitioners are the interface between overwhelmed consumers and a relatively rigid Federal legal process. We work to help these people comply with the fast pace process which has many deadlines and serious consequences for missing same.
The consumber bankruptcy attorney and client relationship does not always progress smoothly.
My perception is that most of the Central District judges, clerks, and trustees are mindful of these facts. Those who are not, should.
https://www.amazon.com/Auragin-Korean-Red-Panax-Ginseng/dp/B00JVA8RO6
BANKRUPTCY UPDATE: FLC’s annual review of recent developments in bankruptcy law including discussion of significant judicial opinions from around the country.
This meeting is jointly sponsored by The Financial Lawyers Conference
and The Los Angeles County Bar Association Commercial Law and Bankruptcy Section, Bankruptcy Committee
Speakers:
Jeffrey H. Davidson, Stutman, Treister & Glatt, P.C.
K. John Shaffer, Stutman, Treister & Glatt, P.C.
Location:
The City Club
333 S. Grand Ave., 54th Floor
Los Angeles, California
Time: Thursday, June 7, 2012
6:00 pm – 7:00 pm – Registration and Cocktail
Reception with Appetizers & Buffet
7:00 pm – 8:00 pm – Program
