All posts in Programs

San Fernando Valley Bar Association Bankruptcy Section Chapter 13 Program; November 13, 2014 12 noon

Email from Steve Fox:

Dear All:

First, thank you for putting up with and reading my emails each month announcing the programs. I appreciate it very much.

I am excited about our November program. It will be enjoyable not only for the subject matter -what do you do with a chapter 13 case which is nearing the discharge stage – it will be even more enjoyable for the high level of passion and enthusiasm I have seen in the panelists. They have prepared drafts and revised drafts, they have discussed by email and phone and they have argued (gently) too. They have put in months of thought, discussion and argument about the program.

The panelists are the Honorable Maureen Tighe, R. Grace Rodrigues, Stella Havkin and Michael Kwasigroch. All of them have a lot of experience in chapter 13 work. More importantly, they regularly deal with the back side of chapter 13 cases. What do you do six months before a case is up for discharge. Should you be objecting to any claims? Are there additional requirements for your client and for you? What do you do about the unpleasant surprises waiting for your client and for you?

Read more…

Judge Steven W. Rhodes Approves Detroit Chapter 9 Bankruptcy Plan

Judges Rhodes has approved the Chapter 9 Plan of Reorganization for the City of Detroit.  You can find the article here.

Judge Rhodes will be the guest speaker at the Los Angeles Bankruptcy Forum Joseph Bernfeld Distinguished Speaker on February 9, 2015. Be sure to save the date!

October 23, 2014 – OCBF – Judges’ Night

The Orange County Bankruptcy Forum

October 23, 2014

Judges’ Night
Differing Perspectives on Important Legal Issues

Participating Judges include:
Hon. Theodor C. Albert
Hon. Catherine E. Bauer
Hon. Scott C. Clarkson
Hon. Richard Neiter
Hon. Deborah J. Saltzman
Hon. Erithe A. Smith
Hon. Scott H. Yun

Moderator:
Jess Bressi, McKenna Long & Aldridge LLP

(Additional Judges may be included at a later date)

Read more…

Contempt Actions

The Central District Consumer Bankruptcy Attorneys Assn (cdcbaa) is putting on a program a week from this Saturday, Oct 25 at Southwestern Law School in downtown Los Angeles.  You can get the information here.  My friend Ray Aver, bankruptcy litigator par excellence will be telling us how to litigate violation of the automatic stay and discharge injunctions.  Judge Neil Bason will be on the panel and West Los Angeles attorney Gary Wallace.

Violations of the stay and discharge injunction seem to have become common here.  We will be filing one tomorrow.  A creditor filed an abstract during a previous case.  It is void as a matter of law.  The creditor refuses to remove it.  It has prevented our client from refinancing the property.  I recently received an award of $8,000 against a creditor who was suing my client after the bankruptcy case ended and the discharge was entered.  He would not back off even though I gave him 10 chances.  We are also seeing a lot of creditors ignoring confirmed chapter 11 plans.   The plan often changes the terms of secured debt, the mortgage payment on rental property being the most common.  The plan gets confirmed and the client sends in the new amount.  The bank sends it back and tells the client it’s the wrong amount.  The bank often starts foreclosing and ignores our letters.  We are filing requests for OSC re Contempt.  The court gives us the OSC without a hearing which sets a hearing.  The trickiest part is the damages, you have to prove damages, not just complain about it.

Come listen to Ray Aver.  It’s worth it.

 

11th Annual cdcbaa Calvin Ashland Awards dinner

The cdcbaa annual dinner is Thursday November 6, downtown at the LA Hotel, formerly the LA Marriott.  It is at 2nd and Figueroa.

 We are honoring Judge Sheri Bluebond as our Judge of the year.  At least 8 judges have sent us rsvps.

 The dinner is free to members but you must sign up on our website so we can tell the hotel how many will attend.  The info from the website is below.

 I hope to see you there.  Nancy Clark will be sworn in as our new President.

2014 Calvin Ashland Awards Dinner

The LA Hotel (formerly the LA Marriott) – 333 S. Figueroa Street, Los Angeles, CA 90071

Please join us for a night of celebration to honor the Hon. Sheri Bluebond – this year’s Calvin Ashland Judge of the Year. Location: The LA Hotel (formerly the LA Marriott Hotel). 333 Figueroa Street, Los Angeles, CA 90071 Jazz Trio featuring Bruce Campbell followed by dinner and awards presentation at 7:00 p.m. Reception and no-host bar at 6:00 p.m. cdcbaa MEMBERS: 2014 cdcbaa annual membership fee includes one free ticket to this dinner. Please complete the form and indicate your meal preference. Members must RSVP prior to October 24, 2014 to attend the dinner at no cost. NON MEMBERS AND GUESTS: $95 for on-time non members and guests with RSVP and payment received by 10/24/14* $125 non members and guests RSVP and payment received after 10/24/14. $150 at the door. $75.00 Judicial Officers/ Government Employees

SFVBA October 16 Noontime Program on 9th Cir. Bankruptcy Opinions with counsel and Judge Ahart

SFVBA October 16 Noontime Program on 9th Cir. Bankruptcy Opinions with counsel and Judge Ahart

On Thursday, October 16, 2014, starting at 12 noon sharp, the Bankruptcy Section of the San Fernando Valley Bar Association will present a program on 9th Circuit bankruptcy opinions from the past year. The panelists are Judge Ahart, Ray Aver and Gregory Salvato.

The program is important because none of us can keep up with the opinions issued by the 9th Circuit. Many important opinions will be covered by the panelists. The program materials are substantial. As always, the panelists will take questions and comments during the program.

The program charge (which includes the program, the materials and lunch) is inexpensive:

Member $30.00

Non-Members $40.00

Member at Door $40.00

Non-Member at Door $50.00

Government rate – contact me. It’s real cheap.

Read more…

10/20/2014 – A Celebration in Honor of Pro Bono Volunteers

United States Bankruptcy Court cordially invites you to:
“A Celebration in Honor of Pro Bono Volunteers”

Date: Mon., Oct. 20th

Time: 9:00-9:45

Loc: Roybal Federal Building

255 E. Temple Street

Los Angeles, CA 90012

RSVP: Jennifer_Wright@cacb.uscourts.gov or (213) 894-8894

The celebration will include a thank you breakfast with breakfast pizzas (on crust with eggs, cheese and meat or veggies), hash browns, fresh fruit, breakfast breads (such as Danishes, mini-muffins and donuts), coffee and refreshments.

11/4/2014 – Settlement Agreements: What You Need to Know for State and Bankruptcy Courts

Settlement Agreements: What You Need to Know for State and Bankruptcy Courts

Panel:
Hon. Julia W. Brand, U.S. Bankruptcy Court
Stella Havkin, Esq., Havkin & Shrago
Raymond H. Aver, Esq., Law Offices of Raymond H. Aver APC

Moderator:
Christian Cooper, Esq., Public Counsel

Date: Tuesday, November 4, 2014
Time: 9am to 12 pm
Location: Roybal Federal Building
255 E. Temple Street, Assembly Room 1268
Los Angeles, CA 90012

YOU MUST COMPLETE A TWO-HOUR PRO BONO COMMITMENT BEFORE ATTENDING THE PROGRAM

Read more…

July 19, 2014 – CDCBAA – In re Bellingham

On July 19 the Central District Consumer Bankruptcy Attys (cdcbaa) will hold our First Annual James T. King Bankruptcy Symposium. The topic is In re Bellingham, the new Supreme Court case dealing with core/non-core distinctions and the power of Congress to give power to non-Article III Judges (as you all know).

The panel will be Judge Richard Paez who wrote the opinion for the 9th Circuit Court of Appeals that was appealed to the Supreme Court; Prof. John Pottow from the University of Michigan School of Law who argued the case successfully for the appellees at the Supreme Court. He is really a fun guy to listen to. And Judge Meredith Jury who sits on the BAP and follows these issues carefully. I will be the moderator and try to stay out of their way.

Besides Bellingham, there will be some discussion generally about appeals process. This is really an exceptional panel!

The program will be at Southwestern Law School on July 19 from 11am to 1pm and will be free to members of cdcbaa as always. We will permit non-members to attend for $95. We will invite the local judges as well.

ONE PROBLEM. The room holds only 130 persons and the law school is adamant that we not permit more than that many to attend.

So we are going to require RSVPs. There is a button on the cdcbaa website for the program to RSVP – www.bklawyers.org. We will cut it off when it gets to 130 persons. So please go to the website and RSVP if you want to attend. You can pay the $95 fee on that website as well. We will allow persons who have not been members of the cdcbaa for the past 3 years to join for the rest of the year 2014 now at the reduced price of $175.00 which includes the Ashland Dinner, this program and the two remaining programs for the year.

Our administrator is Linda Righi at cdcbaa@aol.com.

June 25, 2014 – Bankruptcy Program; San Fernando Valley Bar Association; the Metrocraft Program

One of the crucial points in a successful chapter 11 case, whether the debtor is a large business or a homeowner in chapter 11, is getting the court to approve the disclosure statement. The Central District has a form disclosure statement for practitioners to use so the process would seem to be simple. However, when one peruses the bankruptcy court tentative rulings, the judges constantly point out multiple deficiencies in the disclosure statements they are considering. The result? Attorneys have to incur the expense of re-doing deficient disclosure statements, losing time and having an unhappy client.

When judges review disclosure statements, they usually work from a list of factors culled together by a Georgia bankruptcy court some 30 years ago, In re Metrocraft. These factors help our judges determine if your client’s disclosure statement contains adequate information. The Bankruptcy Section has brought together Ron Bender, one of Southern California’s top attorneys in chapter 11 practice and Russell Clementson, one of the U.S. Trustee’s most experienced chapter 11 attorneys to talk about the Metrocraft factors, how the judges locally apply them and how the U.S. Trustee applies them. Any presentation including Ron Bender and Russell Clementson will have a lot of useful tips and guidance.

You should attend this program. The tips and guidance you will receive will improve your work product and will make your clients happier. The price is inexpensive, lunch is included and parking is free. No other bar association gives you so much for such little cost.

By the way, if you do not practice in chapter 11, perhaps you practice in chapter 7 or 13, the program is important for you. Learn what individual debtors in oversized chapter 11 cases (cases to big for chapter 13) go through so that you can better advise them.

If you are a creditor’s attorney, learn what the other side has to do and what you can do to protect your client’s rights.

Here are the particulars:
Date: Wednesday, June 25, 2014
Time: 12 noon to 1:15 p.m
Where: 5567 Reseda Boulevard, Suite 200, Tarzana, CA 91356

Cost:
Member $30.00
Non-Members $40.00
Member at Door $40.00
Non-Member at Door $50.00

Reservations: Contact Linda Temkin at the San Fernando Valley Bar Association
events@sfvba.org; Tel: 818-227-0490; Fax: 818-227-0499