Front Row Kids

This is such a great article.  I have posted before on how the Supreme Court Justices are basically carbon copies of each other.  They come from basically two elitist schools, have not been trial judges, have not been in the trenches with “the people.”  A tip of the hat to my Associate David Kritzer for pointing this article out to me.

‘Front Row Kids’ and values have taken over our courts

two mutually hostile camps: a largely coastal, urban party run by educated elites, and a largely rural and suburban “flyover country” party composed of people who did not attend elite schools and who do not see themselves as dependent on those who do. Read more…

Very Nice Profile of Judge Sheri Bluebond

This was written by Michael Davis and published by the Insolvency Law Committee of the California State Bar

ILC Profile Series: United States Bankruptcy Judge Sheri Bluebond

The following is a profile of the Honorable Sheri Bluebond – the eighth in a series of profiles of Ninth Circuit bankruptcy judges.  Judge Bluebond and members of the Insolvency Law Committee met in her chambers and discussed her personal and professional background, observations from the bench, and issues of interest. Read more…

Thanks and Tip of the Hat to NCBJ

I attended my first National Conference of Bankruptcy Judges Annual meeting in Las Vegas a few weeks ago.   They comped me because of my position on the State Bar Bankruptcy Specialists Commission.  The programs were great, the materials were great, the camaraderie with the judges was great.  I especially enjoyed sitting in on the ABI Consumer Commission meeting.  I’m going to upload a little lesson I learned on LLCs in the next day or two.  Next year the program is in San Antonio – see you there.

UWLA Announces Bankruptcy Litigation Clinic

The University of West Los Angeles School of Law has formed a bankruptcy clinic which will focus on litigation aiming its efforts at those who have been sued and cannot afford an attorney.  The announcement is here.  I will be the leader to get it going.  To start, I will be at the self-help desk at the bankruptcy court in Woodland Hills this coming Friday November 3 and Friday December 1 from 10:00 a.m. to 12:00 p.m.  I will have a UWLA law student with me and will try to give some general advice on bankruptcy litigation to anyone who shows up.    UWLA students are being offered school credit for assisting the efforts for a semester.

No appointment or registration is necessary.  It will be first come first served.

Judge Scott Clarkson Affirmed by 9th Circuit – When is a Home Mortgage not a Consumer debt?

Aspen Skiing Company v. Cherrett (In re Cherrett), — F.3d —, (9th Cir. Oct, 2017)

Issue:   Is a loan taken out to buy a place to live necessarily a consumer debt for section 707(b) purposes?

Holding:   No.   It depends on the debtor’s intent when the loan is incurred.

Appeal from BAP, Kirscher, Dunn, Taylor

Bap appeal from order of Judge Scott Clarkson

Judge Morgan Christen, dissent Jacqueline H. Nguyen Read more…

Some Statistics on Petition Filings in the Central District

Below is a chart I prepared on petition filings in the Central District of California with numbers through September 2017.

2017 2016 2015 2014  
Jan 2,839 2,872 3,364 4,704
Feb 2,795 3,299 3,829 4,574
March 3,782 3,923 4,496 5,430
April 3,209 3,584 4,486 5,364
May 3,384 3,484 3,971 5,500
June 3,252 3,545 3,966 4,386
July 2,953 3,239 3,731 4,701
Aug 3,387 3,543 3,544 4,540
Sept 3,071 3,168 3,493 4,317
Oct
Nov
Dec
Total 28,672 30,657 34,880 43,516

Of the total filings for September 2017, this is the breakdown by chapter.    Read more…

Should ‘No Money Down’ Chapter 7s Be Allowed?

I am quoted by Danny Gill in his Bloomberg Bankruptcy Law Reporter article.  He quotes me saying that I agree that there should be some way to permit bankruptcy attorneys to be paid post-petition for filing a chapter 7 petition and representing the debtor throughout.   The article is here.

“I talk to people all the time who don’t have the money to file a Chapter 7,” M. Jonathan Hayes told Bloomberg Law Oct. 16.  Hayes is a member of Simon Resnik & Hayes in Sherman Oaks, Calif., and has practiced consumer bankruptcy law for 37 years in the Central District of California. Read more…

FBA-LA’s 14th Annual Bankruptcy Ethics Symposium

FBA-LA’s 14th Annual Bankruptcy Ethics Symposium

November 17, 2017
Time: 9:00 a.m.
Roybal Federal Building, Conference Room 283
255 E. Temple St., Los Angeles, CA 90017 Read more…

Nice Definition of Leveraged Buyout (LBO) by Justice Stephen Breyer in Jevic.

I’m finally reading the Supreme Court opinion in Czyzewski v. Jevic Holding Corp, 137 S. Ct. 973 (2017).  Justice Breyer very nicely explains how an LBO works.

In 2006, Sun Capital Partners, a private equity firm, acquired Jevic Transportation Read more…

Should Attorneys Fees in Chapter 7 be Non-Dischargeable – Your Chance to Chime in

This is a post from atty Danny Gill on Facebook.
LOOKING FOR COMMENTS. It has been suggested to the ABI Commission on Consumer Bankruptcy that Congress make attorneys fees for filing a Chapter 7 non-dischargeable, to allow lawyers to be paid over time for filing a 7.  I’m looking for comments on the issue, either for or against that fix or suggesting other ways more very poor people can have access to Chapter 7 with no (or only a little) money down.  If you’re interested write me at dgill@bna.com. Thanks.