Online Training Seminars re Loan Modification Management Pilot Program

By | December 11, 2016 | Programs | No comments

DMM, the program manager for the Court’s Loan Modification Management Pilot Program (“LMM”), is offering online training seminars on the use of the DMM web portal:

 Thursday, December 15, 2016, at 1:00 PM (Pacific Time), and Tuesday, December 20, 2016, at 10:00 AM (Pacific Time).
The free one hour online training seminar was specifically designed for attorneys practicing in California who represent borrowers/debtors.  Upon completion, participants will know how to gather and complete LMM paperwork and submit it directly to the loan servicer.  DMM Portal Training Topics include: Read more…

Sunnyslope Oral Argument En Banc Set for January 17, 2017: 3:30 pm

By | December 10, 2016 | Chapter 11 | No comments

My discussion, What is the Value of Property in a Chapter 11 Plan? The 9th Circuit Goofs, of the debacle known as Sunnyslope is here and here.  Thankfully, the 9th Circuit decided to rehear the matter en banc.  The en banc hearing will take place in San Francisco on January 17, 2017 at 3:30 pm.  See you there?

Central District Institutes New LOAN MODIFICATION MANAGEMENT PILOT PROGRAM

By | December 7, 2016 | Community, Court Clerk Information, Courts | No comments

Chief Judge Sheri Bluebond has announced that the Central District has established a Loan Modification Management Pilot Program (“LMM”).  Currently, the LMM is just a pilot program and not a district wide program.

Five Judges are participating in the pilot program, Judge Julia W. Brand, Judge Neil W. Bason, Judge Scott H. Yun, Judge Catherine E. Bauer and Judge Martin R. Barash.

There are forms and procedures as you can imagine.  The forms may be accessed here.  The procedures may be accessed here.

The 11 pages of procedures state: Read more…

Supreme Court Clarifies Meaning of Tippee in Insider Trading Dispute

By | December 6, 2016 | Supreme Court | No comments

Salman v. United States is not really a bankruptcy issue but it confuses my Biz Org students to no end so I spent a little time trying to simplify it.  You can access my UWLA blog here.

Top Ten Supreme Court Cases on Bankruptcy – This Friday at SFVBA

By | December 6, 2016 | Programs, Supreme Court | No comments

Email from Steve Fox

Dear All:

How many Supreme Court opinions that affect us bankruptcy practitioners can you name and discuss in court without notes?  If you are like most bankruptcy practitioners, the opinions of the Supreme Court too often seem to be mostly remembered in two ways: with uneasiness when the opinions are issued; and then later as some distant background as we forget what the Supremes held.

We have a really neat and intellectually important program on Friday, December 9th at 12:00 noon.  The MCLE is for 1 and ¼ hours.  Jon Hayes, David Gould and Alan M. Ahart (ret.) will discuss, argue, disagree and agree, analyze, tear apart and put back together, bring up fun trivia along the way, all while bringing to our attention why the Supreme Court matters to bankruptcy practitioners and how we can use their opinions to assist our clients.  Given that Jon Hayes prepared the materials, they have a very high quality. Read more…

Amusements Off the Bench: The Hobbies of Judge Clarkson

By | December 1, 2016 | Judges Corner | No comments

This is a pretty fun article by Scott Bovitz on the photography antics of Judge Scott Clarkson.  You can access the article here.  Bovitz Article on Clarkson – American Bankruptcy Institute Journal – Dec 2016

I have a copy of Judge Clarkson’s book Windows to Vietnam: A Journey in Pictures and Verse sitting on my desk.

Case Brief – In re Diaz, a different view of the homestead exemption

By | November 30, 2016 | Chapter 7 | No comments

The Diaz case (In re Diaz, 547 B.R. 329, 9th Cir. BAP), has not received enough love but I find it to be too fascinating not to write about because of its potential for so much advantage!

There were essentially two holdings in the case:

  1. The California homestead exemption contains a “residence” requirement which includes an “intent” component; and
  2. The burden is on the Debtor to prove intent.

The intent component of the residence requirement requires that debtors have a bona fide intention to make the premises their home or residence.

Read more…

Judge William Lasarow RIP

By | November 25, 2016 | Judges Corner | No comments

Image result for william lasarowWith a heavy heart, I am sad to report to my colleagues that our friend retired Bankruptcy Judge William Lasarow passed away this morning [Thanksgiving Day].  I don’t have any more details yet. The Court will be sending out a statement shortly. 

Keith Higginbotham Read more…

My Alma Mater – Serra High

By | November 21, 2016 | Community | No comments

13 guys from my Alma Mater, Serra High School in Gardena, played in the USC-UCLA football game on Saturday.  This is from the Serra Newsletter:

“From the opening drive, you saw USC #2 (Adoree Jackson) line up against UCLA #2 (Jordan Lasley).  Old teammates trying to best each other from start to finish. Jordan came out on top first, but Adoree was lights out after that.  You saw Cavalier after Cavalier make his mark on the game. Deontay Burnett (USC), Jalen Greene (USC) and Caleb Wilson (UCLA) combined for 8 receptions and 1 carry. Rasheem Green (USC) and John Houston Jr. (USC) combined for 5 total tackles.”

FBA Program on Unbundling and Limited Scope Representation

By | November 21, 2016 | Chapter 7, Programs | No comments

I had a great time on Friday doing a program for the Federal Bar Assn with Judge Sandra Klein.  We tried to summarize the various code sections and rules that circumscribe unbundling and limited scope representation, at least in the central district.   The point was to show that there are really not very many black-letter rules. The point also is that attys may enter into agreements with persons which limit the efforts the atty will make on behalf of the person – subject to only a few rules.

I will summarize the rules.  It helps me get it clear in my head.

United State Constitution – nothing (tongue firmly in cheek). Read more…

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