All posts in Courts

Central District Institutes New LOAN MODIFICATION MANAGEMENT PILOT PROGRAM

Chief Judge Sheri Bluebond has announced that the Central District has established a Loan Modification Management Pilot Program (“LMM”).  Currently, the LMM is just a pilot program and not a district wide program.

Five Judges are participating in the pilot program, Judge Julia W. Brand, Judge Neil W. Bason, Judge Scott H. Yun, Judge Catherine E. Bauer and Judge Martin R. Barash.

There are forms and procedures as you can imagine.  The forms may be accessed here.  The procedures may be accessed here.

The 11 pages of procedures state: Read more…

Supreme Court Clarifies Meaning of Tippee in Insider Trading Dispute

Salman v. United States is not really a bankruptcy issue but it confuses my Biz Org students to no end so I spent a little time trying to simplify it.  You can access my UWLA blog here.

Top Ten Supreme Court Cases on Bankruptcy – This Friday at SFVBA

Email from Steve Fox

Dear All:

How many Supreme Court opinions that affect us bankruptcy practitioners can you name and discuss in court without notes?  If you are like most bankruptcy practitioners, the opinions of the Supreme Court too often seem to be mostly remembered in two ways: with uneasiness when the opinions are issued; and then later as some distant background as we forget what the Supremes held.

We have a really neat and intellectually important program on Friday, December 9th at 12:00 noon.  The MCLE is for 1 and ¼ hours.  Jon Hayes, David Gould and Alan M. Ahart (ret.) will discuss, argue, disagree and agree, analyze, tear apart and put back together, bring up fun trivia along the way, all while bringing to our attention why the Supreme Court matters to bankruptcy practitioners and how we can use their opinions to assist our clients.  Given that Jon Hayes prepared the materials, they have a very high quality. Read more…

Amusements Off the Bench: The Hobbies of Judge Clarkson

This is a pretty fun article by Scott Bovitz on the photography antics of Judge Scott Clarkson.  You can access the article here.  Bovitz Article on Clarkson – American Bankruptcy Institute Journal – Dec 2016

I have a copy of Judge Clarkson’s book Windows to Vietnam: A Journey in Pictures and Verse sitting on my desk.

Judge William Lasarow RIP

Image result for william lasarowWith a heavy heart, I am sad to report to my colleagues that our friend retired Bankruptcy Judge William Lasarow passed away this morning [Thanksgiving Day].  I don’t have any more details yet. The Court will be sending out a statement shortly. 

Keith Higginbotham Read more…

Los Angeles Superior Court – Unbelievable Delays

I am going to sub into a bankruptcy case soon.  The debtor is a defendant in a state court action pending in Santa Monica.  I just looked at the docket.  One of the defendants filed a Motion to Strike on September 16, 2016.  The hearing is set for July 25, 2017.  TEN MONTHS!!!  That is inexcusable.  A Motion to Strike is rarely complicated.

LABF Holiday Party and Tribute to Retiring Judge Thomas Donovan (at the new Federal Courthouse)

Annual Holiday Party
and
Tribute to the Honorable Thomas B. Donovan
 

December 5, 2016

Read more…

Central District Judges Seek Input on Continued Use of the ECF Declaration

The Issue.  

In connection with the introduction of electronic filing in the late 1990’s, the Court adopted a local form called the “Electronic Filing Declaration” and related local rules.  The Electronic Filing Declaration and related rules permit attorneys to electronically file pleadings bearing an “/s/ Nonattorney Name” in lieu of the holographic signature of the debtor.

Although it is acknowledged that the Electronic Filing Declaration and related procedures may have served a useful purpose at their inception, judges of the Court have observed that the Electronic Filing Declaration is frequently misused – both inadvertently and intentionally.   In some instances, judges of the Court have found that the form and related procedures have been used to create the false impression that a debtor or other non-attorney has signed a pleading that the party has not actually signed. Read more…

Judge Martin Barash at Immigration Swearing in Ceremony

Nice Bio of Judge Thomas Donovan

Image result for judge thomas donovan    Below is a great bio of Judge Thomas Donovan written by Corey Weber, Uzzi O. Raanan, Leib Lerner, and Asa S. Hami.  From the State Bar of California, Business Law Section, Insolvency E Bulletin
October 12, 2016 

The following is a profile of the Honorable Thomas B. Donovan – the sixth in a series of profiles of Ninth Circuit bankruptcy judges.  Judge Donovan and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, observations from the bench, and issues of interest.

Judge Donovan was appointed to the bench in March 1994, and reappointed in 2008.  Although his current term expires in 2022, he plans to retire as of March 24, 2017.  Read more…