All posts in Community

Shinbrot’s Five Rules of Litigation

By | March 8, 2012 | Programs, Specialist Information | No comments

We had a great cdcbaa meeting on Saturday.  Jeff Shinbrot and Judge Mitchell Goldberg (Ret.) discussed dischargeability litigation.  Jeff regaled us with his five rules of litigation.

  1. Keep your judge happy.  File your motions timely, show up to hearings on time, solve your discovery disputes without court intervention, be professional, open minded.  Judge Goldberg commented that a better way of saying rule 1 is “Keep your judge neutral.”
  2. Develop a good story.  Trials, he said, are about telling a story.  Make sure you have your story straight, and present it at trial.  Judge Goldberg commented that it would be nice if the lawyers understand the rules of evidence and use the rules to tell the story.
  3. Know the local rules and the local, local rules.  Look up your judge’s page on the bankruptcy court website.  Ask around about the judges preferences.  Follow the local rules specifically made for trials, like lodging depo transcripts, timely pre-trial orders, the judge’s trial rules.
  4. Learn and follow FRCP 26.  This is huge.  Rule 26 requires disclosure throughout the process without a request by the other side.  It requires continuing disclosure and will result in striking your evidence if you have not followed rule 26.
  5. Have a good trial notebook.  Your trial notebook will include the entire trial.  It will remind you of what you need to do.  All the witnesses, all the exhibits, checklists, legal briefs, opening and closing statements.  In a trial, he said, you are caught up in the moment, you are focusing on the witness in front of you and the judges comments at the time.  A trial notebook will help you remember to ask the court to “admit” the exhibits for example.

San Fernando Valley Bar Program – March 22, 2012

By | March 5, 2012 | Chapter 11, Programs | No comments

Jon,

On Thursday, March 22nd, from 12 noon until 1:15 p.m., the San Fernando Valley Bar Association will be putting on what I believe is a highly needed program, especially for bankruptcy attorneys new to chapter 11 practice or who are considering trying their hands at chapter 11.

As attorneys, we learn the law and how to apply it.  Chapter 11 is foremost not the practice of law; it is the practice of understanding.  Understanding people, e.g., the client or the client’s principal, understanding why they have failed and what we can do to help create success out of failure, understanding the creditors and seeing what we can do to bring them on board for the reorganization, and giving understanding the bankruptcy judge who will have reason to support the debtor too.

The attorney needs to set the rhythms of a case but the rhythms do not come from the law.  The things we learn in law school really do not help us in chapter 11.  What we learn in other areas of bankruptcy practice do not help us much in chapter 11 either.  We set the rhythms, we make a difference and we help our clients succeed by understanding business, understanding people and, of course, understanding the law.

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Defense of Complaints to Determine Dischargeability or to Deny Discharge, Notes from the Trenches — cdcbaa Program

By | February 23, 2012 | Programs | No comments

cdcbaa — Central District Consumer Bankruptcy Attorneys Association Program

Defense of Complaints to Determine Dischargeability or to Deny Discharge, Notes from the Trenches

March 3, 2012

Speakers: Judge Mitchell Goldberg (RET.); Jeffrey S. Shinbrot, Esq.

Southwestern Law School 3050 Wilshire Boulevard, Westmoreland Building – Room W329, Los Angeles, CA 90010

Parking is $8.00

Registration: 10:00am – 11:00am; cdcbaa Membership Meeting: 10:30 am – 11:00 am; Program: 11:00 am – 1:00 pm

24th Annual Insolvency Conference, May 18- 20, 2012

By | February 17, 2012 | Programs | No comments

The California Bankruptcy Forum’s Annual Insolvency Conference is being held this year in Rancho Mirage.  The last day to receive the group rate at the Westin Hotel is April 23, 2012.  The brochure can be accessed here.

Annual Seminar of the Financial Lawyers Conference for 2012

By | February 16, 2012 | Programs | No comments

Financial Lawyers Conference 214 Main Street, #336, El Segundo, CA 90245 · (310) 322-1350 · Fax (310) 615-4581 FOR MORE INFORMATION: www.financiallawyers.org

The Annual Seminar of the Financial Lawyers Conference for 2012 will take place at the Ojai Valley Inn & Spa in Ojai, California, over the weekend of April 20-22, 2012. This year’s Seminar topic is:

Bankruptcy After the Fall: Emerging Issues in the Wake of the Financial Crisis — The bursting of the housing bubble in 2007, the financial panic of September 2008 culminating in the bankruptcy of Lehman and bailout of AIG, and the ensuing and continuing shocks to the global financial system, have created novel stresses on the bankruptcy system. Judges and practitioners in cases such as Lehman, Chrysler, and Madoff, have been required to address and resolve numerous cutting-edge issues, often in very pressured environments. Using a series of hypothetical fact patterns created by our moderator, we shall examine these cutting-edge issues and explore their applicability to the more traditional cases handled by the bankruptcy system.

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Judge Sheri Bluebond Being Inducted into the American College of Bankruptcy

By | February 14, 2012 | Community, Judges Corner | No comments

This is a really significant honor.  The American College of Bankruptcy is an honorary association which admits 20-30 people each year from across the country.  Judge Bluebond will be inducted as part of Class 23 at the annual meeting in Washington DC on March 16-17, 2012.   The flyer is here.  Congratulations Judge Bluebond.

FINANCIAL LAWYERS CONFERENCE — Thursday, March 1, 2012

By | February 14, 2012 | Programs | No comments

“Space, The Final Frontier: The Law Governing Standing To Enforce Mortgage Notes and Loans: An Overview of the Transactional, Legal and Bankruptcy Aspects”

The panel will analyze the rules governing the sale and transfer of mortgage notes, including a discussion of the impact of Articles 3 and 9 of the UCC, the recent PEB Report on standing to enforce mortgage notes and relevant caselaw. This will include the Ibanez case from the Supreme Judicial Court of Massachusetts (which triggered the PEB Report by ignoring the UCC entirely), In re Veal from the Ninth Circuit BAP, and other recent cases that address who can enforce mortgage notes and agency issues relating to MERS. The speakers will also address standing issues related to securitization vehicles and syndicated loans, with a focus on the issue of whether individual lenders have standing to enforce as opposed to the relevant servicer or agent. Consideration will also be given to the potential difference between such standing and a lender’s ability to vote on a reorganization plan in a Chapter 11 case. Both transactional and enforcement aspects, including perfection, will be covered.

Speakers: Dennis B. Arnold, Gibson, Dunn & Crutcher LLP; Gabriel R. MacConaill, Sidley Austin LLP; James D. Prendergast, First American and Adjunct Professor at Pepperdine and Loyola

Location: The City Club, 333 S. Grand Avenue, Los Angeles, California

Time: 6:00 pm – 7:00 pm Registration and Cocktail Reception with Appetizers & Buffet; 7:00 pm – 8:00 pm  Program

Cost: $70.00 FLC Member $85.00 Nonmembers $40.00 Lawyers in Gov’t Svc.

Financial Lawyers Conference 214 Main Street, #336, El Segundo, CA 90245 (310) 322-1350 Federal Tax ID# 23-7448511  www.financiallawyers.org

Legal Specialist Exam Results Coming on February 28, 2012

By | February 12, 2012 | Community, Current Events, Specialist Information | No comments

Results letters for the Specialists Exams are scheduled to be mailed on February 28, 2012 via First Class U.S. Mail.  A notice will be posted on the Calbar website when results letters have been mailed.  Results letters will be mailed to the address applicants provided when registering, or to an updated address that was provided directly to the legal specialization department.  No results will be given over the phone, e-mail or fax.  No public list of examinees or results will be posted at any time.

The next exam is October, 2013.  We have started working on the exam.    The rules for becoming a certified specialist are here.  There are only 110 or so certified bankruptcy specialists in California.  A complete list is here.

Actor William “Gary” Busey files Chapter 7

By | February 8, 2012 | Cases, Current Events | No comments

Actor Gary Busey filed Chapter 7 on February 8, 2012. The case was assigned to Judge Ahart at the Woodland Hills Bankruptcy Court.  The Chapter 7 Trustee is David Gottleib.

William Busey 1:12-bk-11182-AA Case type: bk Chapter: 7 Asset: No Vol: v Judge: Alan M. Ahart Date filed: 02/07/2012 Date of last filing: 02/07/2012

It was an “emergency” or “face-sheet” filing so the information is limited: the “primarily consumer debts” box is checked;  1-49 creditors; – Value of assets is estimated to be under $50,000; – Liabilities are estimated to be from $500,000 to $1M.

Inland Empire Bankruptcy Forum – Evening with the Judges

By | February 6, 2012 | Judges Corner, Programs | No comments

IEBF Presents:  An Evening With Our Judges  Tuesday, February 7, 2012

The Honorable Meredith A. Jury – U.S. Bankruptcy Judge
The Honorable Catherine E. Bauer – U.S. Bankruptcy Judge
The Honorable Deborah J. Saltzman – U.S. Bankruptcy Judge
The Honorable Scott C. Clarkson – U.S. Bankruptcy Judge
The Honorable Mark S. Wallace – U.S. Bankruptcy Judge
The Honorable Wayne Johnson – U.S. Bankruptcy Judge
Mark D. Houle, Esq.**

**The U.S. Court of Appeals for the Ninth Circuit has appointed Mr. Houle as U.S. Bankruptcy Judge for the Riverside Division.

Attendees are encouraged to submit questions for discussion by e-mail to Todd Frealy at taf@lnbyb.com. Questions are requested no later than January 28, 2012.

When:  Tuesday, February 7, 2012  No-Host Cocktails 6 p.m.  Dinner 6:30 p.m.  Program 7 p.m.

Where:  Mission Inn  3649 Mission Inn Avenue, Riverside

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