SFVBA Bankruptcy Section Meeting, Friday May 22, 2020, at 12 noon: Program: Really Interesting Bankruptcy Matters Emphasizing Consumer Issues: By ZOOM

By | May 19, 2020 | Cases, Programs | No comments

Email from Steve Fox.  I think I’ll sign up for this one.  My two partners are among the presenters.

Dear All:

This is a fun program.  I have asked a lot of different bankruptcy attorneys and one judge to each contribute one case or topic that interests each of them and to take 5 to 10 minutes to speak about the matter.  For example, Jim Selth will speak about a recent unpublished opinion by one of our local judges which considered the means test, a high income individual and non-consumer debt in the context of a motion by the UST to convert.  Judge Ahart will speak about recent changes to the CA exemption laws and their impact on debtors.  Shai Oved will discuss a fascinating local case in Santa Ana where a family law attorney objected to a debtor’s discharge, lost and then what happened when the debtor sought attorneys’ fees of about $1,000,000 from the objecting family law attorney under Section 523(d) for the cost of defense.  Jeremy Rothstein looks at a recent BAP opinion on the ability of the bankruptcy court to modify a plan near the end of the 5 year term where the debtor has received unexpected monies.   Our other speakers include Matt Resnik and Roksana Moradi, Jeff Hagen and Stella Havkin, Lew Landau and Richard Brownstein, all on consumer issues. Read more…

Judge’s tentative awards $60,000 in attys fees for failure to admit requested admissions

By | May 18, 2020 | Cases, Judges Corner | No comments

A tentative today from Judge Saltzman:

The Plaintiffs demonstrate how the Debtor fails to admit several requests for admission that were later proved to be true. Most of the requests that the Debtor failed to admit were not objectionable, the requested admissions were material, the Debtor had no reasonable ground to believe that he might prevail on the fact of the admission, and there is no other good reason for the Debtor to have failed to admit. See Fed. R. Civ. P. 37(c)(2).

The Debtor makes no attempt to challenge any law or authorities for why the Plaintiffs are entitled to attorney’s fees. The Debtor argues that he should have prevailed on the motion for summary judgment. The Debtor tries to make technical arguments, twisting the meaning of “personal knowledge” to something utterly absurd. The Debtor’s attempts to justify his frivolous denials and objections to requests for admission are all unpersuasive, and none of those arguments explain why the Plaintiffs are not entitled to attorney’s fees for the continued litigation regarding their anti-SLAPP judgment. Read more…

Prober Raphael looking for an associate

By | May 9, 2020 | Firm Announcements | No comments

From a post by Lee Raphael on Facebook:

My firm is in need of another attorney.  We were just awarded another 5-year contract to be a subcontractor for the DOJ in collections and bankruptcy matters.  Plus, we have a number of quiet title actions, surplus funds cases and other collection actions for our new attorney to lead.  If you are interested or know someone interested, please contact me.  We are willing to train the right candidate. I’m making this shareable in case you are so inclined.

In re Brace – California Supreme Court hears oral argument about what constitutes community property

By | May 8, 2020 | Chapter 7, Supreme Court | No comments

My previous post on In re Brace is here.

The trustee was represented by Ed Hays, Marshack Hays LLP.  This is his post on social media.

Today, I was fortunate to be able to appear (virtually) and present oral arguments in a case before the California Supreme Court.  It was a very cool experience.  It took me 28 years to get a case before the high court and then Covid-19 kept me from appearing in person.  Hopefully, it won’t take as long to get another chance where I can appear in person.

What was the case about? Read more…

Oral argument at 9th Circuit set in Taggart – June 16, 2020

By | May 8, 2020 | Appeals, Cases | No comments

The 9th Circuit is going to hear oral argument in the Taggart case on June 16, 2020 at 10:00am.  The hearing will be telephonic.  My post about what the dispute is exactly at this point is here.  The 9th Circuit is looking at the BAP’s ruling (again).  The BAP ruled for the creditor saying it did not violate the discharge injunction because it believed the injunction didn’t apply to it.  The 9th Circuit agreed saying – essentially – that it’s impossible to violate the discharge injunction.    The Supremes reversed thankfully saying there has to be a fair ground of doubt about whether the injunction applies.  We’ll see.

Central District bankruptcy filings plummet in April 2020

By | May 6, 2020 | Bankruptcy Data | No comments

Petitions filed in the Central District fell by 56% vs last April and by 39% vs last month.

2020 2019 2018 2017 2016 2015 2014
Jan 2,828 2,745 2,741 2,839 2,872 3,364 4,704
Feb 2,781 2,754 2,708 2,795 3,299 3,829 4,574
March 2,736 3,481 3,363 3,782 3,923 4,496 5,430
April 1,669 3,631 3,277 3,209 3,584 4,486 5,364
May 3,347 3,226 3,384 3,484 3,971 5,500
June 2,967 2,981 3,252 3,545 3,966 4,386
July 3,270 3,057 2,953 3,239 3,731 4,701
Aug 3,274 3,337 3,387 3,543 3,544 4,540
Sept 2,934 2,772 3,071 3,168 3,493 4,317
Oct 3,355 3,259 3,170 3,235 3,751 4,554
Nov 2,636 2,821 3,004 3,025 3,531 3,642
Dec 2,723 2,419 2,416 2,902 2,718 3,733
Total 10,014 37,117 35,961 37,262 39,819 44,880 55,445

Filings by category year to date is:

Non-Comm’l Commercial Chapter 7 Chapter 13 Chapter 11
9,128 889 8,009 1,899 107
91% 9% 80% 19% 1%

Some interesting stuff in this month’s statistics.  The entire state of New York (four districts) had 1,201 filings.  The southern district of New York has 304 chapter 11s so far this year compared to our 107.

The entire state of Texas (four districts) had 1,840 total filings in April.  The southern district of Texas has had 384 chapter 11s so far this year.

The eastern district of Virginia had 943 total filings in April and only 26 chapter 11s this whole year and yet that is where J. Crew just filed.

Delaware has had 1,038 total filings this year of which 388 of those were chapter 11.  The state has had 424 chapter 7s and 221 chapter 13s this year.

Learn the ABCs of Bankruptcy – May 14, 2020 – Free through UWLA School of Law

By | May 4, 2020 | Programs | No comments

UWLA Program Flyer rev

Chapter 13 Webinar featuring Cathy Moran

By | April 30, 2020 | Chapter 13, Programs | No comments
Another FREE Webinar in
The Academy’s Series
Prompted by COVID19 and The CARES Act

       
WEDNESDAY May 6th  
 1:00 eastern/12:00 central/11:00 mtn/10:00 pacific
 
As the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases.  In the face of disruption, distress, and the unknown, debtor attorneys will be called on to guide clients forward, in one direction or another.  In this webinar, with a combined SEVENTY-NINE years of experience representing individual and small business debtors, Certified Specialists Cathy Moran and Jill Michaux will review questions you will need to answer in order to provide the sharpest analysis for your clients.  This webinar is Part 2 and will focus on conversion and hardship discharge. Part 1 looked primarily at modification.

This webinar is part 2 of a 2-part series on COVID-19 and its impact on Chapter 13s.
If you cannot attend the live presentation, the Academy will post a recording of the webinar at ConsiderChapter13.org – Access to the recording will be free to Academy subscribers – or we offer a pay per view option.
Not a Subscriber?  Click here 
  (Registration for this webinar automatically places registrant on the Academy’s email list)      

AUSA position available

By | April 28, 2020 | Firm Announcements | No comments

Email from Brendon Mockler, AUSA to Nina Javan

I saw your names listed on LACBA’s website as chair and vice chair of the Commercial Law and Bankruptcy Section.  I thought you might be able to help me pass along some information.

My section will soon post a vacancy announcement for an AUSA position in Los Angeles.  Although my section does not handle bankruptcy matters, our line of work has many similarities.  Our practice, which is mass volume, primarily involves enforcement of criminal restitution and fine obligations.  It would be particularly valuable to recruit a bankruptcy or collection lawyer, as many, if not all, of the essential skills overlap.

I was hoping you could pass along this email or my contact information to anyone who may be interested in the position.  I’m looking to generate some interest before posting the announcement on the Department of Justice website, and I’m happy to speak on the phone with all potential applicants so they can learn more about the position.

Please let me know if you can help.  I really appreciate your time.  Much thanks!

Brendan T. Mockler | Assistant United States Attorney

213.894.5707 | brendan.mockler@usdoj.gov

Congratulations to Russ Stong

By | April 24, 2020 | Firm Announcements, Specialist Information | 1 Comment

Resnik Hayes Moradi LLP long time associate Russ Stong has just been notified that he passed the California state bar Bankruptcy Specialist Exam!  Our congratulations to him.   That means four of the seven RHM attorneys are certified bankruptcy specialists (at least as soon as Russ can get the rest of the forms into the state bar).

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