Samples of many of the forms that will be required as of December 1, 2015 are now available on the Court’s website, along with drafts of lists of required forms by chapter and instructions for new forms. You can access these forms by clicking the Forms Changes Effective December 1, 2015 link at the bottom of the homepage at www.caeb.uscourts.gov, or by clicking here. If you have any questions regarding the forms, contact the e-Filing Help Desk by e-mail at Efilers_Helpdesk@caeb.uscourts.gov, or by phone at 855-542-0992. Read more…
Random Thoughts for the Week
Sounds like oral argument in the Zachary case did not exactly go the way debtor counsel wanted. The issue is whether the absolute priority rule still applies in individual chapter 11s. It doesn’t in chapter 13s! The world has not ended with that result. Section 1129(b)(2)(B)(ii) says “in a case in which the debtor is an individual, the debtor may retain property included in the estate under section 1115.” Section 1115 says that property of the estate is everything the debtor had and everything he acquires during the case. Seems pretty clear to me. Read more…
Report About Oral Argument In re Zachary
Michael St. James sent out the below very nice and thoughtful email. I sure hope he’s wrong. I sent it to Judge Jury with the comment that I hope he is wrong. Her comment was we disagree about that. By the way, you can watch the oral argument here. (Thanks to Judge Kwan for reminding me of that).
From: “Michael St. James” [mailto:bankr-l@lists.illinois.edu]
Sent: Wednesday, October 21, 2015 4:08 PM
To: M. Jonathan Hayes; BANKR-L@listserv.illinois.edu
Subject: [Bankr-L] Ninth Circuit Oral Argument: Absolute Priority Rule in Individual Chapter 11 Cases
Based on Mr. Hayes’ email, below, on October 21, 2015 I attended oral argument before the Ninth Circuit in Zachary, a direct appeal from the Bankruptcy Court (E.D. Cal., Holman, J.) addressing whether the absolute priority rule applied in individual Chapter 11 cases. Read more…
Slavery + Chapter 11
I loved reading this case. Felt like a Grimms’ fairy tale.
Picture this — you earn a paycheck, right? Now put yourself in a position that when you receive your paycheck, an invisible hand (no not Uncle Sam) comes and takes a big chunk of that paycheck to pay your creditors, and you cannot do anything about it! Kind of like an involuntary wage garnishment. This is what a bankruptcy court was faced with in a Chapter 11 case in New Jersey.
BAP Oral Argument Tomorrow at Roybal
The BAP Oral Argument is tomorrow at Roybal at 1 pm. (Not Friday).
This is from the BAP calendar.
OFFICE OF THE CLERK U. S. BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT
REVISED CALENDAR FOR: Thursday, October 22, 2015 Read more…
Thursday – November 5, 2015 – CDCBAA Calvin Ashland Dinner
The Central District Consumer Bankruptcy Attorney’s Association
2015 Calvin Ashland Awards Dinner
Please join us for a night of celebration to honor James T. King, this year’s Calvin Ashland Attorney of the Year on
Thursday, November 5, 2015
Keynote Address by
The Honorable Richard Paez, Judge of the U.S. Court of Appeals for the Ninth Circuit Read more…
Thursday, November 5 – Litigation Funding – Risks, Opportunities, and Shifting Leverage in Bankruptcy
Litigation Funding – Risks, Opportunities, and Shifting Leverage in Bankruptcy
Thursday, November 5
Speakers:
Jennifer Nassiri, Venable LLC
Courtney Pozmantier, Greenberg Glusker
Emily Slater, Burford Capital
Eric Winston, Quinn Emanuel Urquhart & Sullivan, LLP Read more…
Thursday, November 12, 2015 – Understanding Chapter 13
To all attorneys:
You are invited to Understanding Chapter 13, an MCLE program that will introduce you to the fundamentals of Chapter 13 bankruptcy law. It is approved for four (4) hours of MCLE credit
The program is presented by Public Counsel, and is cosponsored by cdcbaa and the U.S. Bankruptcy Court for the Central District of California.
Lunch will be provided. See attached flyer for additional program details. Read more…
Appealing to the BAP
I attended two mcle programs in the last week dealing with appeals to the BAP. The first was at the State Bar meeting in Anaheim last weekend and the second was Saturday with the cdcbaa. Judge Laura Taylor, Sarah Stevenson, Staff Attorney for the BAP, and Alan Vanderhoff were the featured speakers in Anaheim. Judge Barry Russell, Susan Spraul, BAP Clerk of the Court, and Kathleen McCarthy were the guests of honor at Southwestern School of Law yesterday.
Lots of good advice and things to think about. Last year there were 428 appeals to the BAP and 427 appeals to the District Court. Read more…
New Bankruptcy Scam – Important Announcement from NACBA
BANKRUPTCY FILERS BEWARE: CON-ARTISTS POSING AS ATTORNEYS
Telephone-Scam Soliciting Wire Transfers Prompts NACBA and Vermont Attorney General to Issue Consumer Warning
Across the country, consumers are falling prey to a new scam targeting people who have filed for bankruptcy and others just getting started with the process. Bankruptcy attorneys are joining forces with public officials to sound the alarm bell to unsuspecting consumers. Read more…
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