Law Week at the L.A. Law Library

By | April 18, 2016 | Programs | No comments

email from Maggie Bourdeaux,

Hi,

We would greatly appreciate your help in spreading the word about Law Week at the L.A. Law Library.

DAP will be doing a bankruptcy basics overview on Thurs., 4/28 at 12:00.  However, there are many interesting programs in different areas of law–including landlord tenant law, criminal law, immigration law, and probate law. You can find more information about Law Week and how to register at:

This is a great opportunity for you and/or your staff to learn about a new area of law and all the programs are FREE.

Thank you!

Maggie

Congratulations to Ori Blumenfeld

By | April 15, 2016 | Community, Firm Announcements | No comments
Professor,
Just wanted to let you know that I was recommended to the University’s school board.  Such an honor.  Hope all is well.
Ori S.  Blumenfeld, Esq. Read more…

Loyola Law School (My Alma Mater) Gets New Dean

By | April 13, 2016 | Community, Current Events, Firm Announcements | No comments
Loyola Law School’s 18th Dean
Dear Loyola Law School Alumni: Read more…

Program on Creditor’s Committees – April 26, 2016 at Noon – with Judge Martin Barash

By | April 4, 2016 | Chapter 11, Programs | No comments

The Creditors Committee: Ethical Traps for the Unwary and the Not So Unwary!

The panel will address ethical considerations underlying selection of a creditors’ committee, employment of committee counsel, solicitation by committee counsel candidates, required disclosures by committee counsel, and the consequences of failure to comply with ethical requirements.

Program Title: 
The Creditors Committee: Ethical Traps for the Unwary and the Not So Unwary!

Presented By:
Commercial Law & Bankruptcy Section Read more…

Involuntary Bankruptcy – Nice Summary of the Basics

By | March 23, 2016 | Cases | No comments

This is a skit prepared by Peter Lively, Hale Antico and others for presentation to the Inn of the Court on November 18, 2014.  It was a rousing success.  It explains very nicely how this very scary area of bankruptcy law works.  Why is it scary?  Attorneys fees and sanctions are almost mandatory if the petitioning creditors are wrong and the case is dismissed.

There are also specialist in the area, with a bankruptcy lawyer you can be distressed, he will take care of the administrative issues, filling any paperwork and protect your property as much as possible. If you are looking for good rates, you definitely need to check https://www.rosenfeldinjurylawyers.com/ as you already worried about the bankruptcy case you probably feel there is nothing t do, or that the lawyers fees are to much for you.

James T. King Bankruptcy Inn of Court

 November 18, 2014

Involuntary Bankruptcy Petition Trial

Presented by Teams 2 & 6 Read more…

Nice Profile of Judge Martin Barash From the ILC

By | March 23, 2016 | Community, Judges Corner | No comments

From the State Bar Insolvency Law Committee:  The article can be accessed here.

Dear constituency list members of the Insolvency Law Committee:

The following is the second in a series of profiles of Ninth Circuit bankruptcy judges.  Judge Martin R. Barash and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, transition to the bench, and other issues of interest.

Personal and Professional Background Read more…

Reviewing the Anti-Deficiency Rules

By | March 21, 2016 | Foreclosure Corner | No comments

I was reading an article today about the Heritage Financial litigation that has been going on the past few years – until Heritage filed chapter 7 in Texas.  I want to remind myself of the existing anti-deficiency rules in California and the anti-fraud rules.

C.C.P. § 726(g)

(g) [the right of a lender to sue for fraud] does not apply to loans secured by single-family, owner-occupied residential real property, when the property is actually occupied by the borrower as represented to the lender in order to obtain the loan and the loan is for an amount of one hundred fifty thousand dollars ($150,000) or less, as adjusted annually, commencing on January 1, 1987, to the Consumer Price Index as published by the United States Department of Labor.

The anti-deficiency rules apply to 1) land-sale contracts, 2) purchase money loans from the seller of the property, 3) purchase money loans from lenders on SFR or less than 4 units including refis of those loans. Read more…

The Statute of Limitations Defense in Non-Dischargeability Actions

By | March 19, 2016 | Chapter 7 | No comments

It has always been obvious that if there is a statute of limitations defense outside of bankruptcy, it files inside.  By why?  I have wondered that when asked the question over the years.  Recently I happened to stumble across section 558 which states:

The estate shall have the benefit of any defense available to the debtor as against any entity other than the estate, including statutes of limitation, statutes of frauds, usury, and other personal defenses.  A waiver of any such defense by the debtor after the commencement of the case does not bind the estate.

Been there since 1984.  But what does that apply to? – seems to be the estate only. Read more…

Nice Discussion of Laches in a Non-Dischargeability Action from Judge Albert Tentative

By | March 18, 2016 | Cases, Judges Corner | No comments

I would not have thought that laches would come up in a non-dischargeability action.  The facts in issue are prepetition by definition.  The time to file the complaint is short.  Here, Judge Albert was dealing with an adversary proceeding that had been pending for at least a few years.  Plaintiff came up with a new brainstorm which apparently would work had Plaintiff not waited 3-4 years to make the argument.  This is part of Judge Albert’s tentative.  He also has a nice discussion of how res judiciata and collateral estoppel works in these matters.

Adv#: 8:11-01520 Read more…

Self Help Desk in Woodland Hills

By | March 17, 2016 | Pro Bono | No comments

I spent this morning at the Self Help Desk at the bankruptcy court in Woodland Hills.  Business was a little slow.  The desk is run by Neighborhood Legal Services and staffed by Martha Castillo, a very friendly and knowledgeable bilingual paralegal.  I believe it is open on Thursdays only.  They have the forms and the knowledge to help unrepresented debtors try to get through the process.

There is also a self-help desk downtown run by Public Counsel and Maggie Brodeaux I believe.

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