Samples of many of the forms that will be required as of December 1, 2015 are now available on the Court’s website, along with drafts of lists of required forms by chapter and instructions for new forms. You can access these forms by clicking the Forms Changes Effective December 1, 2015 link at the bottom of the homepage at www.caeb.uscourts.gov, or by clicking here. If you have any questions regarding the forms, contact the e-Filing Help Desk by e-mail at Efilers_Helpdesk@caeb.uscourts.gov, or by phone at 855-542-0992. Read more…
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Not All Conflicts of Interest Can Be Waived!
At the James T. King Bankruptcy Inn of Court, we discussed whether certain fact patterns resulted in actual conflicts. The issues became “as clear as mud” when an attorney cited California Rules of Professional Conduct Rule 3-310.
Rule 3-310 states, in pertinent part:
(C) A member shall not, without the informed written consent of each client:
…
(2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or
The Los Angeles Superior Court is Grinding to a Halt! Rant No. 2
Our office filed a Motion for Entry of a Judgment in LASC pursuant to CCP 644.6. This is a ministerial act. CCP 664.6 says that if the parties settle, they can dismiss the case under 664.6 If the settlement is defaulted, i.e., someone doesn’t do what they are supposed to do, the other side files a motion reopening the case so that a judgment may be entered. The judgment to be entered is worked out as part of the settlement, it is not reviewed at the 664.6 motion or even discussed. At the hearing on the motion, the judge says “Okay the case is reopened… the judgment is entered…the case is reclosed… thanks for coming.” It is a ministerial act. It should be done by a clerk.
We filed the motion under 664.6 on June 9, 2015. The clerk set the hearing for September 30, 2015 – nearly four months later! The court of course granted the motion and we are waiting for entry of judgment. The other side has filed a Motion to Reconsider. That motion is set for March 9, 2016! Five months later. The motion to reconsider will not slow down our efforts to collect on the judgment except to the extent that the Sheriff or some other official person will be confused by the motion and refused to enforce the judgment. Read more…
Judge Bason Motions to Avoid Lien
Dear Colleagues!
This morning (Oct 8), Judge Bason announced that All Motions to Avoid Lien should now be scheduled for 8:30 and no longer at 11:00 on Ch13 calendaring days. Just for assistance, the remaining NB Ch13 dates for this year are: 10/29, 11/19 & 12/17.
Keith Higginbotham
cdcbaacheck@aol.com
Ninth Circuit: Ch. 20’s Keep Stripping (In re Blendheim)
Ninth Circuit cleared it up: In a “Chapter 20,” ineligibility for a discharge in a subsequent Ch. 13 does not preclude a debtor from permanently voiding a lien. In short, strip away.
Debtors got Ch. 7 discharged, and next day filed Ch. 13. Debtors home was encumbered by 2 liens. The first lienholder, a Bank, filed a claim and it is their lien that is at issue on this appeal.
Debtors objected to the Bank’s POC arguing that it failed to attach the promissory note as required by FRBP 3001 (Bank only attached the deed of trust). The Bank simply ignored the objection. Court entered a default order disallowing their claim. Next, Debtors filed an adversary to void Bank’s first lien since their claim was no longer an allowed secured claim. Court agreed and said the lien would be void upon completion of their chapter 13 bankruptcy.
Debtor’s reached plan confirmation, and the Bank woke up…..
Great Article on Judge Meredith Jury
Congratulations to Nancy Clark and Renee Sawyer Blume for their great article on Judge Meredith Jury. It is in the current cdcbaa newsletter which you can access here.
Judging Judges: The Three Fs – Firm, Fair and Friendly
I recently appeared in front of a judge whom I have known for 4-5 years but have never appeared in front of or otherwise been in his court. I got a chance to listen to him handle a bunch of matters before he got to mine. It was a good experience. My impression of his conduct on the bench was excellent.
I was thinking of what I am going to tell him the next time we speak and came up with Firm, Fair and Friendly.
The worst judges are those who are indecisive, who change their minds, treat everything like a settlement conference, who look for ways to avoid making a decision, let everyone talk on and on. This is often caused by being unprepared but just as often are just indecisive people. But in being firm, the judge must be fair. The parties have the right to be heard. Their issues, concerns and interpretation of the facts must be considered by the judge, meaning he must read what has been filed, and listen to what is being said. Finally and probably the least important is friendly. I’ll take the jerk if I get the other two but friendly helps.
Judge Judy to me is a disgrace. She makes the show about her, the court experience is about her. Look at me! Look at me! It is a disgrace that people watch that show and think that is how our system works.
LA County Bar Program on Practicing in the Central District
This program looks pretty good.
2015 Federal Practice in the Central District: Changes, Trends, and Updates
10/14/2015
Presented by: Litigation Section Read more…
Interesting Article About Justice Thomas from the Volokh Conspiracy
I recently read a fairly snide article suggesting that Justice Thomas simply regurgitates the parties’ briefs when he writes opinions. This is a great explanation from the Volokh Conspiracy about “the real story.”
Nice Tentative From Judge Scott Clarkson re Chapter 7 Trustee’s Commission
6:14-19644 Banning at 8th Street LLC Chapter 7
#19.00
Hrg. on Chapter 7 Trustees First Interim Fee Application filed 8/12/15 For The Period From July 29, 2014 To August 11, 201 for Todd A. Frealy, Trustee Chapter 7, Period: 7/29/2014 to 8/11/2015, Fees: $164,686.51
EH_____
Docket 235
Tentative for 9/2/2015:
The Chapter 7 Trustee has presented an interim fee application [Dk. 235] (“Interim Application”) to the Court, citing sections 326 and 330 of the Bankruptcy Court for support of his cause. Of course, the Trustee means section 331, which guides interim fee applications. This is anticipated to be a surplus estate. All creditor and administrative claims are anticipated to be paid in full. Equity will most likely be receiving a significant distribution. As described below, the Trustee is requesting an interim maximum commission in an amount of approximately $164,686.00 based on distributions already made. The carefully documented time and charge records of the Trustee indicate that his services to the estate as of this application can be calculated to be in the amount of approximately $75,000.00. Equity objects that the approximate $85,000.00 difference is a windfall that should not be permitted. The Chapter 7 Trustee has presented his reply. Read more…
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