Wrongful Foreclosure – What is “Tender”

By | October 8, 2015 | Foreclosure Corner | No comments

I usually try to stay away from what might appear to be blatant advertising for my firm.  But this is an exception.  And besides, its bragging rather than advertising.

Matt Resnik did a masterful job at the Court of Appeals downtown on Tuesday.  He filed a wrongful foreclosure action for a client to undo a foreclosure.  The bank of course demurred and the court, on the second try, dismissed the case with prejudice.  The court ruled that “tender” means actually paying the bank the entire amount owed as a condition of being permitted to pursue the wrongful foreclosure.  That is clearly not what the code says.  The code says the Plaintiff must – in the complaint – allege “plausible” tender.  The Court of Appeals seemed to agree.  We will find out in a few months.

American Apparel files Bankruptcy

By | October 5, 2015 | Chapter 11 | No comments

I guess the writing was on the wall for a while.  Pachulski, counsel for debtor, has engaged in a pre-packaged deal with the major secured creditors (hedge fund Standard General).   Case was filed in Delaware, not surprisingly.

The creditors matrix alone is 475 pages (the printing machines are firing off for the marketing packages prepared by prospective committee counsels).

Godspeed American Apparel.

See well written NY Times article here. 

CCP 1717 – Getting Attorneys Fees (In re Penrod, 9th Circuit)

By | October 4, 2015 | Case Briefs, Cases | No comments

There was a recent published Ninth Circuit opinion re: the hanging paragraph in 1325(a).   In re Marlene A. Penrod, 13-16097, Ninth Circuit (2015)(Published).

However, to me, what was more interesting was the fight over whether the auto loan lender should pay debtor’s attorneys fees (about $250,000).   Court said yes.

The contract between the debtor-borrower and the lender said ‘in the event of a default, the borrower (debtor) was to pay the lender to collect what it was owed plus attorneys fees.”

Read more…

Ninth Circuit: Ch. 20’s Keep Stripping (In re Blendheim)

By | October 3, 2015 | Case Briefs, Cases, Chapter 13, Courts | No comments

Ninth Circuit cleared it up:  In a “Chapter 20,” ineligibility for a discharge in a subsequent Ch. 13 does not preclude a debtor from permanently voiding a lien.  In short, strip away.

Debtors got Ch. 7 discharged, and next day filed Ch. 13.  Debtors home was encumbered by 2 liens.  The first lienholder, a Bank, filed a claim and it is their lien that is at issue on this appeal.

Debtors objected to the Bank’s POC arguing that it failed to attach the promissory note as required by FRBP 3001 (Bank only attached the deed of trust).  The Bank simply ignored the objection.   Court entered a default order disallowing their claim.  Next, Debtors filed an adversary to void Bank’s first lien since their claim was no longer an allowed secured claim.  Court agreed and said the lien would be void upon completion of their chapter 13 bankruptcy.

Debtor’s reached plan confirmation, and the Bank woke up…..

Read more…

US Trustee Brownbag Program on 341(a) – the Dreaded Meeting of Creditors – October 29, 2015

By | October 3, 2015 | Programs, U.S. Trustee | No comments
The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m.  We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.
Proposed topics include:
•             Duration, continuances and calendaring issues in the conduct of 341(a) meetings;
•             Process and protocols in priority requests, juggling multiple examinations;
•             The Role and Expectations of 341(a) Counsel including the consequences of failing to appear, filing incomplete schedules and lack of sufficient preparedness;
•             Rules of Conduct and Expected Behavior in 341(a) Meetings including UST monitoring/in-room security, food and beverages, moving furniture, noise issues, unattended briefcases and interpreter issues; and
•             Responding to UST inquiries.
We seek to both broaden and refine our list of topics in advance of our presentation so now is the time to let your voices be heard. Read more…

Great Article on Judge Meredith Jury

By | October 3, 2015 | Judges Corner | No comments

Congratulations to Nancy Clark and Renee Sawyer Blume for their great article on Judge Meredith Jury.  It is in the current cdcbaa newsletter which you can access here.  

In re Wages, 9th Circuit Appeal is Voluntarily Dismissed

By | October 1, 2015 | Chapter 11 | No comments

This is the case that held that the debtor’s home loan may not be modified over the objection of the bank even though the debtor operated a substantial business from their home.  The security was “real property that is the debtor’s principle residence.”

09/24/2015  33  Filed order (Deputy Clerk: RGA) Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys’ fees on appeal. A copy of this order shall serve as and for the mandate of this court. [9695367] (SML) [Entered: 09/24/2015 02:56 PM]

SFVB Assn Program: Supreme Court Cases

By | October 1, 2015 | Programs | No comments

I am the speaker.  You can sign up here.  See you there.  Jon

Event: BK: Supreme Court Cases
Start Date: 10/16/2015 12:00 PM
End Date: 10/16/2015 1:45 PM
Location: SFVBA, 5567 Reseda Bl., Ste 200, Tarzana
Event Cost:

Member $35.00
Non-Members $55.00
Member at Door $45.00
Non-Member at Door $65.00
Credit Hours:

General 1.5 hrs

12th Annual Calvin Ashland Awards Dinner – November 5, 2015

By | October 1, 2015 | Programs | No comments

2015 CALVIN ASHLAND AWARDS DINNER

The WH Grand (formerly the Marriott Hotel) – Grand Ballroom – 333 S. Figueroa Street, Los Angeles, CA 90071

Please join us for a night of celebration to honor James T. King, this year’s Calvin Ashland Attorney of the Year.

With Keynote Address by The Honorable Richard Paez, Judge of the U.S. Court of Appeals for the Ninth Circuit

Reception and no-host bar at 6:00pm, followed by dinner and awards presentation at 7:00.

Please RSVP by October 23, 2015.

Judging Judges: The Three Fs – Firm, Fair and Friendly

By | October 1, 2015 | Judges Corner | No comments

I recently appeared in front of a judge whom I have known for 4-5 years but have never appeared in front of or otherwise been in his court.   I got a chance to listen to him handle a bunch of matters before he got to mine.  It was a good experience.  My impression of his conduct on the bench was excellent.

I was thinking of what I am going to tell him the next time we speak and came up with Firm, Fair and Friendly.

The worst judges are those who are indecisive, who change their minds, treat everything like a settlement conference, who look for ways to avoid making a decision, let everyone talk on and on.  This is often caused by being unprepared but just as often are just indecisive people.  But in being firm, the judge must be fair.  The parties have the right to be heard.  Their issues, concerns and interpretation of the facts must be considered by the judge, meaning he must read what has been filed, and listen to what is being said.  Finally and probably the least important is friendly.  I’ll take the jerk if I get the other two but friendly helps.

Judge Judy to me is a disgrace.  She makes the show about her, the court experience is about her.  Look at me! Look at me!  It is a disgrace that people watch that show and think that is how our system works.

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