All posts in Community

Class Action Suit Against Wells Fargo for Freezing Accounts in Every Case

On January 21, 2011 Christopher P. Burke, Esq. and Scott C. Borison, Esq. attorneys for Eric Mwangi and Pauline Mwicharo [Plaintiffs] filed case no. 11-01022-bam in U.S. Bankruptcy Court for the District Court of Nevada this Adversary, a class action.

Thanks to Christine Wilton for this news.  I will check the docket and update shortly.

Well, I’ve checked the docket.  Pretty interesting.  The case was before Judge Bruce Markell.  The complaint asked for $5 billion (with a “b”) in damages.  WFB filed two Motions to Dismiss, the second of which was granted with prejudice in September, 2011.  The debtors appealed to the BAP.  WFB transferred to district court (shocker there) since the BAP ruled that Wells violated stay.  The parties are waiting for the district court to rule.  Email for counsel for the debtor is  atty@cburke.lvcoxmail.com.

Spring 2012 Symposium at Pepperdine School of Law on Individual Chapter 11 Cases, March 29, 2012,

JOURNAL OF BUSINESS, ENTREPRENEURSHIP AND THE LAW

SPRING 2012 SYMPOSIUM

THURSDAY, MARCH 29, 2012, 12:30 – 1:30 PM

APPELLATE COURTROOM. Pepperdine School of Law (in Malibu)

Post-BAPCA Individual Chapter 11 Bankruptcy: The Good, the Bad, and the Ugly

Individuals are permitted to file for Chapter 7, 13 or 11 bankruptcies.  Sometimes, due to debt limits provided in the Bankruptcy Code, the individual debtor must either file a Chapter 11 or not file for bankruptcy at all.  This panel will discuss the advantages and disadvantages of filing a Chapter 11 as an individual, and provide some practical points.

Panelists

Honorable Thomas Donovan, U.S. Bankruptcy Court, Central District of California
Kenneth Lau, Office of the U.S. Trustee, Region 16
Jon Hayes, Law Offices of M. Jonathan Hayes

Moderator

Professor Mark Scarberry

NACBA Roundtable in RIVERSIDE on Friday 3/30/2012 – Meet Tara Twomey

NACBA/NCBRC Roundtable

Join NACBA’s Field Coordinator, Zach Manifold, and NCBRC’s Project Director, Tara Twomey, for a roundtable discussion focused on recent legislative efforts and appellate work in the Central District of California (and the Riverside Division, in particular).

March 30, 2012 at 1:00pm — Mission Inn, 3649 Mission Inn Avenue, Riverside, CA

View the flyer here.

LABF Program April 16, 2012

Los Angeles Bankruptcy Forum   April 16, 2012

Our Favorite Bizarre Bankruptcy Cases of 2011  

From time to time you read an opinion that makes you scratch your head and say “Huh!?!?”  The year 2011 saw more than its share of such cases.  The Panel members will review their favorite bizarre bankruptcy cases of 2011 (and perhaps from other years)  and discuss what made them say “Huh!?!?”

Moderator: Cynthia M. Cohen, Paul Hastings

Panelists:    Hon. Robin L. Riblet      U. S. Bankruptcy Court

William N. Lobel      The Lobel Firm

Richard L. Wynne    Jones Day

$80.00 Members              Doors Open 6:00             Omni Hotel  251 South Olive St    Los Angeles, CA  90067

Details on the Settlement with “Major Banks”

There is a great website at www.nationalmortgagesettlement.com where you can find the original complaint filed by the feds and most of the states against a bunch of large banks and servicing companies.  The website also has an executive summary of the settlements and copies of the actual settlement agreements.  The complaint sure pulls no punches accusing banks of doing all sorts of fraudulent things and accusing them of doing these things on purpose.  I hope there is not a whole new round of people who stop paying their mortgages so they can qualify for these new programs.

Protecting Tenants at Foreclosure Act – Tenants’ Rights: When to Hire a Lawyer

Many issues tenants face are minor and can be easily resolved by common sense and checking reputable resources on landlord-tenant law, such as a local tenants’ rights group. The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state; even if you don’t qualify for legal aid services, you will find useful information on tenant rights on many legal aid websites. The Nolo website includes many useful articles and books on tenant rights, from breaking a lease to mold in rentals, as well as small claims court (should your dispute involve a security deposit).
Some issues, however, are not easily resolved and can seriously threaten your enjoyment of your rental — or worse, your ability to stay in the rental at all. In these situations, getting a lawyer’s help may be the most effective, albeit costly, way to protect your rights.

Below is a guide to determining whether you need a tenant lawyer or not. If you find yourself in one of the following situations, consider hiring a lawyer.

Your Landlord is Evicting You
If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions. Such a lawyer can come up with effective strategies or creative solutions that you might not be aware of — for example, the lawyer could argue that your landlord’s eviction was retaliatory (and therefore illegal) if the circumstances support such a defense. Get a free legal advice online

Your Landlord is Evicting You Without Proper Court Procedures
Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands — for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions — consider hiring a lawyer. These types of “self-help” remedies are illegal. No matter how strong a landlord’s case may be for ending a tenancy, a landlord doesn’t have the right to take, or even threaten, any self-help actions against you.

Your Landlord Discriminates Against You
If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

Another option is to file a complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD’s Fair Housing Assistance Program (FHAP).

HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year. If HUD investigates your complaint and determines there’s reasonable cause to believe your landlord has been discriminating, you’ll get the benefit of having a HUD lawyer representing you in front of an administrative law judge at no cost. The judge can award you compensation and attorneys’ fees, impose penalties against your landlord, and order other relief.

Your Landlord Won’t Make Necessary Repairs
If your landlord isn’t fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant’s requests to replace a broken window until a burglary occurs.

In these cases, you may decide to implement one of your state’s tenant remedies on your own (such as rent withholding or “repair and deduct”), but you may need some coaching on how to do it right. Consulting a lawyer may be your best move. In addition, a lawyer can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and take the landlord to court, if needed.

Your Landlord Isn’t Fulfilling His Promises
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighborhood crime rate, a landlord might promise to install a more effective intercom system or an electronic, gated parking lot. If the landlord later refuses to honor the promise, you may need to hire a lawyer to write a stern letter to your landlord, threatening a lawsuit unless the landlord follows through.

You’ve Been Injured or Made Ill
Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord’s carelessness, you may have a legal case against your landlord. For example, you might break your leg after slipping on an icy patch on the front steps of your building. (Perhaps the landlord should have arranged for regular de-icing, which would have removed the danger.) Or, you may discover an outbreak of mold in your rental — only after it has made you and your family very ill.

In this case you’ll want a personal injury lawyer with experience in premises liability.

Even if your landlord didn’t personally or intentionally create the problem, there are many legal theories available to convince a court or insurance adjustor that the landlord should be held responsible. Lawyers are skilled at identifying which theories may apply and crafting arguments using them.

Your Property Has Been Damaged
Sometimes, a landlord’s failure to maintain the rental property causes damage to your personal property. For example, a landlord’s faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

If you have renter’s insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don’t have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord. In the alternative, you could consult with a lawyer for an hour or two to get advice on how to proceed and what arguments to make to get reimbursed.

How to Get a Lawyer’s Help
If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article “How to Find an Excellent Lawyer” or go straight to Nolo’s Lawyer Directory.

Hiring a lawyer as “coach.” Hiring a lawyer doesn’t have to break the bank. Depending on your needs, your budget, and your confidence in your ability to handle a matter on your own, you might find a lawyer who will agree to meet with you for an hour here and there as a coach. Even limited legal help can make the difference and prove to be all you need to steer your way toward a favorable outcome.

Check for an attorney’s fees clause in your rental agreement. Many landlords include an “attorney’s fees” clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you may be entitled to get reimbursed for your reasonable attorney’s fees and court costs if you win a lawsuit against your landlord. (Even if your clause appears to provide recovery only to a victorious landlord, courts in many states will rule the clause works both ways.)

As a practical matter, if you have an attorney’s fees clause in your lease or rental agreement, you will have an easier time finding a lawyer to represent you. Since the landlord pays the lawyer’s bill if you win, a lawyer needn’t worry as much about getting paid by you. Be aware that the clause applies only to disputes arising out of the lease or rental agreement (such as evictions, rents, and security deposit issues) — not to disputes involving personal injury, discrimination, or other such matters.

Lew Landau Joins Dykema

Lew Landau, newly annointed as a California Bankruptcy Specialist, has joined the Dykema firm in its downtown office.  Congratualtions Lew.

Orange County Bar Assn Meeting

Commercial Law and Bankruptcy Section Meeting

March 22, 2012

Topic:
A Discussion of Overlap Issues Between Assignments for the Benefit of Creditors, Receiverships, and Bankruptcy
  • What is an ABC? How is an ABC similar and different than bankruptcy?
  • Under what circumstances should a debtor consider an ABC rather than bankruptcy?
  • Tips and strategies for representing secured and unsecured creditors in ABCs
  • Impact of threatened or actual bankruptcy on pending receiverships
  • Using bankruptcy to terminate receiverships
  • Receiver’s and secured creditor’s obligations in bankruptcy
  • The pros and cons of receiverships vs. bankruptcies

Speakers:

Michael B. Reynolds
Attorney at Law, Partner
Snell & Wilmer
Joel B. Weinberg
Attorney at Law, Principal
Insolvency Services Group

Advance Registration Ends and Standard Registration Begins on: March 20, 2012

Location: Tustin Banquet Center 721 W. First St. Tustin, CA

Time: 12:00 PM – 1:30 PM

Bank of America will Reduce Principal to 200,000 Underwater Homeowners

Bank of America said on Friday, March 9, 2012, that it would reduce by about $100,000 the amount owed by as many as 200,000 underwater homeowners as part of the recently announced government foreclosure settlement with top mortgage servicers.  The details are set forth in the LA Times article here.

Bankruptcy Attorney Night at the LA Kings

The Central District Consumer Bankruptcy Attorney Association (“CDCBAA”) invites you to come experience the excitement of the LA Kings Hockey VIP Style!

LA Kings vs. Edmonton Oilers Monday, April 2nd at 7:30pm          STAPLES Center

       $150 per person

Your VIP package includes:

  • VIP Credential Grants You Exclusive Access To “The Green Room”, Located On The Event Level, By The LA Kings Locker Room
  • Watch The Players Walk From Their Locker Room To The Ice Up Close
  • 100 Level Seats Close To All The On-Ice Action
  • Access To The Green Room, A VIP Hospitality Area Throughout The Game
  • All-Inclusive Catering (FREE Food!)
  • Open Bar (FREE Beer, Wine, and Soda!)
  • Private Appearance Following The Game By 2 Kings Players
  • The Kings Will Donate Auction Items, Including A Jonathan Quick Autographed Jersey – Proceeds Benefit The EHMGT (our annual fundraiser golf tournament) and The Debtor Assistance Program

Read more…