Central District Consumer Bankruptcy Attorneys Association
How to Get a Chapter 13 Case Confirmed and Post Confirmation Issues
May 19, 2012
Speakers:
Omid Moezzi, Staff Attorney to Chapter 13 Trustee Nancy Curry
Angela Gill, Staff Attorney to Chapter 13 Trustee Kathy Dockery
Where: Southwestern Law School
Hosted by University of West Los Angeles School of Law
Bankruptcy Basics and Review
MCLE Specialization Bankruptcy Credit (approved for 12 MCLE credits)
Professor M. Jonathan Hayes, Senior Adjunct Professor of Law UWLA and Certified Bankruptcy Specialist
James T. King, Certified Bankruptcy Specialist
June 1-2, 2012; 9:30 a.m – 4:30pm
This two day program will focus on Chapter 7, 11, and 13. The program is for attorneys who have some basic knowledge of bankruptcy and are interested in learning more. Paralegals and staff are welcome. The first day will focus on consumer bankruptcy, Chapter 7 and 13 and the second day will focus on Chapter 11, corporate and individual cases. You can sign up for one day or both.
See the flyer here.
Hope to see you there!
ATTENTION ALL CM/ECF USERS:
Attached please find a listing of CM/ECF event code updates that will become effective on Monday, May 7, 2012.
Please contact the ECF Help Desk at: ECF_Support@cacb.uscourts.gov with any questions you may have.
Best regards,
ECF Help Desk
(213) 894-2365
Register Now at OCBF.org!
A college of lawyers and others dedicated to the study of bankruptcy and insolvency
May 10, 2012 OCBF Brown Bag Program
GETTING IT RIGHT THE FIRST TIME: HOW TO GET YOUR ORDERS ENTERED
Speakers: Court Chambers Staff
All of us encounter difficulties from time to time in having our orders entered promptly. All too often these orders are “bounced” for procedural reasons. In this program the Chambers Staff – the judicial assistants, staff attorneys and law clerks for all five Santa Ana Judges will explain proper formatting and processing of orders. They will discuss common mistakes to avoid. And they say, “bring your questions.” This program is appropriate for bankruptcy attorneys and for their staff.
Date/Time: Thursday, May 10, 2012 Registration 11:30 a.m. Program Commences at 12:00 p.m. SHARP Location: Ronald Reagan Federal Building 411 W. 4th Street, Santa Ana Courtroom 5C
Cost: CBF Members and Government Employees $10 Non-Members $25 No-shows and cancellations received the day of the event will be billed automatically. Read more…
The ABI has formed a commission to overhaul chapter 11. You can read the WSJ article here. “The Chapter 11 system is itself in distress, having been asked to do far more than it was designed to do and to operate in an entirely different environment,’ said bankruptcy attorney Richard Levin of Cravath, Swaine & Moore, who helped craft the 1978 Code as a congressional staffer.” “The meeting introduced the commission mission and its membership—declared a “who’s who of the insolvency world” by committee co-chair and Maine attorney Robert Keach—to the handful of people who showed up.”
Dietz v. Ford (In re Deitz), — B.R. — (9th Cir. BAP April, 2012)
Issue: May the bankruptcy court enter a final judgment for money in a non-dischargeability action given Stern v. Marshall? Did the bankruptcy court properly find fraud on these facts?
Holding: Yes on both Judge Richard Ford, Eastern District of CA
Pappas, Dunn, Markell
Opinion by Pappas, concurring opinion by Markell
The debtor, a contractor, agreed to do work on Fords’ home. His license was suspended at the time and, in any event, he collected 25% more than the contract price and ultimately did only about 65% of the work. At trial, the bankruptcy court found fraud under 523(a)(2) as well as under 523(a)(4) and willful and malicious injury under 523(a)(6). He entered judgment against the debtor for $368,000. On appeal, the debtor argues that under Stern v. Marshall, the bankruptcy court cannot enter a final judgment either as to the dischargeability of the debt or the amount of the debt.
The BAP affirmed. As to the court’s power to enter final judgment, the BAP said that non-dischargeability “claims arose under the Bankruptcy Code, subject matter jurisdiction existed in the district court, and by its referral, in the bankruptcy court, as well. Moreover, “determinations as to the dischargeability of particular debts . . .” are expressly included in the statutory list of core proceedings. 28 U.S.C. § 157(b)(2)(I). As a result, Congress has provided that the bankruptcy court may enter a final judgment on exception to discharge claims, subject only to appellate review. 28 U.S.C. § 157(b)(2)(I). Indeed, since 1970, the bankruptcy court, via the reference from the district court, has had the exclusive authority to determine the dischargeability of debts under § 523(a)(2), (4) and (6). See § 523(c)”
As to entry of a monetary judgment, the BAP said, “The Ninth Circuit has also expressly held, pre-Stern, that a bankruptcy court may enter a monetary judgment on a disputed state law fraud claim in the course of determining that the debt is nondischargeable. Cowen v. Kennedy (In re Kennedy), 108 F.3d 1015 (9th Cir. 1997).” It comments that it must follow the 9th circuit unless the Supreme Court unless it is “clearly irreconcilable.” As to the finding of fraud, the BAP said the court’s findings were not clearly erroneous.
Does the applicable commitment period and 1325(b) still apply when you modify a plan?
For a no, see In re Mattson, No. 11-1478 (B.A.P. 9th Cir. April 5, 2012) which followed the holding in In re: Sunahara on this issue. The Mattson court suggested that possible justifications for a shortened plan period might be retirement, leaving the employment market, changing jobs, or anticipated health issues justifying a shorter plan.
Aki Koyama
Staff Attorney for Kathy Dockery, Chapter 13 Trustee
Congratulations to our Staff Attorney Angela Gill who has passed the bankruptcy specialist exam with the California State Bar.
Aki Koyama
The transcript of oral argument yesterday can be accessed here. It sure looks to me like secured creditors are going to retain the right to credit bid. Kennedy asked no questions.
I have added two new links to this blog. The first is the FDIC link which will give you the address of the headquarters of “insured banks.” As you know, some of the judges want you to print out this page so that they can see that you sent the pleading to the right address. The second new link is a MERS searchable registry. You can use this site to find out who the real creditor is.
