Inland Empire Bankruptcy Forum Program September 22, 2012

A college of lawyers and others dedicated to the study of bankruptcy and insolvency Nineteenth Annual Survey of Consumer Bankruptcy Law
A distinguished panel will present a survey of recent cases affecting consumer bankruptcy practice with an emphasis on decisions of the United States Supreme Court, the Ninth Circuit Court of Appeals, the Bankruptcy Appellate Panel of the Ninth Circuit and California District and Bankruptcy Courts.
The program fee will include excellent reference materials.
Panelists: Honorable Meredith A. Jury – U.S. Bankruptcy Judge Honorable Scott C. Clarkson – U.S. Bankruptcy Judge Honorable Mark S. Wallace – U.S. Bankruptcy Judge Honorable Wayne Johnson – U.S. Bankruptcy Judge Honorable Mark D. Houle – U.S. Bankruptcy Judge
Moderated By: Arnold H. Wuhrman, Esq. – Serenity Legal Services
Saturday, September 22, 2012
Registration 8:30 a.m. ~ 9 a.m. to 12:30 p.m.
Includes Continental Breakfast
San Bernardino Hilton 285 East Hospitality Lane, San Bernardino 92408
Early Registration with Payment by September 14:
Members $110 – Non-Members $135 – Government Employees $50
(Membership Dues $70) Late Registration after September 14: Add $5 and email info@IEBF.org  to ensure your space.
Cancellation Policy: No refunds after Sept. 14. No Shows will be billed.

Ethics Program – cdcbaa at Southwestern Law School, September 15, 2012

Bankruptcy Ethics and Malpractice: What Do You Do When You Know Your Client Is Going To Lie Or May Be Subject To Criminal Prosecution?
September 15, 2012
Southwestern Law School – 3050 Wilshire Boulevard – Westmoreland Building – 3rd Floor
Panelists:
  • Jill Sturdevant, Asst. U.S. Trustee, LA
  • Jeff Golden, Ch 7 Trustee
  • John Sheller, Malpractice Defense Expert
  • M. Jonathan Hayes, Moderator

The program is free to members of the Central District Consumer Bankruptcy Attorneys Assn.

Public Notice PN 12-013 Divisional Closures

ATTENTION:

Attached please find Public Notice PN 12-013 regarding divisional closures. Please refer to the public notice for additional information.

We apologize for any inconvenience this may cause.

Regards,

ECF Help Desk
(213) 894-2365

Division
Date
Time
Riverside Thursday, September 6, 2012 11:45 a.m. – 1:30 p.m.
Los Angeles Friday, September 7, 2012 11:45 a.m. – 1:30 p.m.
Northern Monday, September 10, 2012 9:00 a.m. – 9:30 a.m.
San Fernando Valley Monday, September 10, 2012 11:45 a.m. – 1:30 p.m.
Santa Ana Tuesday, September 11, 2012 11:45 a.m. – 1:30 p.m.

Former Student on the Front Page of the LA Times! Congratulations to Jessica Dominguez

Jessica was a student of mine at University of LaVerne about 10 years ago.  I remember her from class as she was vibrant and outgoing then as well as now.   The LA Times article on her this morning is here. 

Nice – WFB hit with $3.2 million in Punitive Damages in Favor of little ol’ Homeowner

Nice opinion from Louisiana:

“On April 13, 2007, the Court entered an Opinion and Partial Judgment awarding [the debtor] $24,441.65, plus legal interest for amounts overcharged by Wells Fargo.  In addition, [the bankruptcy court] found Wells Fargo to be in violation of the automatic stay because it applied postpetition payments made by [the debtor] and his trustee to undisclosed postpetition fees and costs not authorized by the Court, noticed to Debtor or his trustee, and in contravention of Debtor’s confirmed plan of reorganization and the Confirmation Order.  Wells Fargo’s conduct was found to be willful and egregious.”

Later the court awarded $67,000 in attorney’s fees as “compensatory sanctions.”  The court did not award punitive damages.    On appeal, the district court increased the judgment to $170,000.  The Fifth Circuit remanded (ultimately) with an order to reconsider the punitive damages.  On remand, the bankruptcy court increased the compensatory award to $292,000 for the additional fees involved in the appeal and said,

“After considering the compensatory damages of $24,441.65 awarded in this case, along with the litigation costs of $292,673.84; awards against Wells Fargo in other cases for the same behavior which did not deter its conduct; and the previous judgments in this case none of which deterred its actions; the Court finds that a punitive damage award of $3,171,154.00 is warranted to deter Wells Fargo from similar conduct in the future.”

The opinion is here.  WFB Hammered  Thanks to Marc Stern in Seattle for the FYI on this.

Orange County Bankruptcy Forum Seeking Nominations for Peter Elliott Award

The flyer is here.  Nominations for the Thirteenth Annual Award are due by September 14, 2012.

How to Serve Wells Fargo Bank

Here is a nice brief from attorney Marc Stern in Seattle.  It seems he served Wells Fargo Bank by handing a copy of the complaint to the manager of some particular branch in Seattle.  I am guessing that the bankruptcy judge did not believe that was sufficient since Marc is now appealing.  The brief lays out very nicely the federal rules on service of process.  Brief re Service on WFB

Note:  I asked Marc how goes the appeal?  He said,

Wells Fargo hired counsel and stipulated to the relief that I wanted in the first place.  Also, we dismissed the appeal.

MSS

 

Defending Junk Debt Lawsuits

Here is a great paper from Prof. Peter Holland at the Univ of Maryland laying out how to defend the lawsuits filed by predatory purchasers of old credit card debt.   We just took on a pro bono defense recently where the collector was beating up this lady who was trying to defend herself.  Once we assured the jerks on the other side that there was going to be a trial and they would never collect anyweay, they filed a request to dismiss.  Defending Junk Debt Suits

I found this article via the Credit Slips website so we give thanks to Prof. Nathalie Martin for posting it there.

ABSOLUTE ROULETTE

ABSOLUTE ROULETTE — The Absolute Priority Rule in Individual Chapter 11 Cases.

Excuse the gambling references please — I wrote this in conjunction with the September, 2012 ABI event in Las Vegas.

9th Circuit Judicial Conference

Does your calendar seem a little light this week, appearance-wise anyway?  This week is the 9th Circuit Judicial Conference in Maui.  The calendar for the conference is here.  Virtually all of the bankruptcy judges are there.  I hope they come back happy and rested.