First Annual James T. King Bankruptcy Symposium, In re Bellingham

By | June 22, 2014 | Community, Programs | No comments

On July 19 the Central District Consumer Bankruptcy Attorneys Assn (cdcbaa) will have our First Annual James T. King Bankruptcy Symposium.  The topic is In re Bellingham, the new Supreme Court case dealing with core/non-core distinctions and the power of Congress to give power to non-Article III Judges.

Judge Paez wrote the opinion for the 9th Circuit Court of Appeals that was appealed to the Supreme Court.  Prof. John Pottow from the University of Michigan School of Law argued the case successfully for the appellees at the Supreme Court.  He is really a fun guy to listen to.  Of course, Judge Jury sits on the BAP and follows these issues carefully.  Besides Bellingham, there will be some discussion generally about appeals process.  This is really an exceptional panel!

The program will be at Southwestern Law School and will be free to members of cdcbaa as always.  We are going to permit non-members to attend for $95.  We will invite the local judges as well.

ONE PROBLEM.  The room holds only 130 persons and the law school is adamant that we not permit more than that many to attend.

So we are going to require RSVPs.  There is a button on the cdcbaa website for the program to RSVP.  We will cut it off when it gets to 130 persons.  So please go to the website and RSVP if you want to attend.

If you have forgotten your password, send an email to our administrator Linda Righi at cdcbaa@aol.com.  We cannot allow guests unless they pay $95.  We will allow persons who have not been members for the past 3 years to join for the rest of the year 2014 now at the reduced price of $175.00 which includes the Ashland Dinner.

See you there.  JOn

Filings continue to fall

By | June 22, 2014 | Bankruptcy Data | No comments
Central District of California
2008 2009 2010 2011 2012 2013 2014
Jan 3,694 6,004 9,013 10,868 8,835 6,552 -26% 4,917 -25%
Feb 3,787 6,971 9,659 10,631 9,307 6,614 -29% 4,779 -28%
March 4,381 8,529 12,840 13,543 10,108 7,684 -24% 5,611 -27%
April 5,023 8,512 12,114 12,087 9,034 7,515 -17% 5,526 -26%
May 5,177 8,967 11,906 11,669 9,620 7,170 -25% 5,659 -21%
June 5,351 9,595 12,190 11,718 8,165 6,202 -24%
July 5,983 9,894 12,737 10,418 8,201 6,404 -22%
Aug 6,195 9,748 12,720 11,496 8,779 6,235 -29%
Sept 6,290 9,214 12,412 10,006 7,222 5,407 -25%
Oct 6,364 10,322 11,753 9,887 8,438 6,169 -27%
Nov 6,029 9,462 10,900 9,099 7,192 4,829 -33%
Dec 6,615 9,864 10,925 9,089 6,187 4,516 -27%
64,889 107,082 139,169 130,511 101,088 75,297 -26%
% of total 0.059 0.075 0.089 0.095 0.852

Foreclosed Homeowner Goes to Jail for Stripping Home on Way Out the Door

By | June 18, 2014 | Cases, Foreclosure Corner | No comments

Thanks to Mike Avanesian for this:

People v. Acosta
California Court of Appeal, Fourth District, Division 3 (Ikola, J.)
May 12, 2014
2014 WL 1878105

Penal Code section 502.5 defines larceny to include a defaulted or foreclosed borrower’s stripping a house of its fixtures or destroying them with intent to harm the lender or buyer at the foreclosure sale. Though the statute was enacted 91 years ago, this is the first decision interpreting it. The borrowers were real estate brokers and they thoroughly trashed a very high-end house, carting away kitchen appliances, destroying the pool, stripping rock facing off the house, and more. They were convicted and sentenced to 5 years probation including 270 days of actual imprisonment. The decision upholds the constitutionality of the statute as well as the conviction and most of the conditions of probation.

You’re Invited! Reception in Honor of Paula Roe at Roybal

By | June 12, 2014 | Court Clerk Information | No comments

hhhh

Opening for Law Clerk for Los Angeles Magistrate

By | June 12, 2014 | Courts | No comments

The U.S. District Court invites applications for the position of Law Clerk to a U.S. Magistrate Judge (Vacancy #14-36).  The link can be accessed here.

Tellone Financial in the Top 100 Wealth Managers

By | June 12, 2014 | Community | No comments

My buddy from high school, Dino Tellone, is 54th in the top 100 Wealth Managers in the nation by CNBC and the only Orange County firm to make the list.  Way to go Dino.  The article is here.

June 18, 2014 – OCBA – Recent Developments in Chapter 11

By | June 10, 2014 | Bankruptcy Data, Chapter 11, Community, Current Events | No comments

Orange County Bar Association

Commercial Law & Bankruptcy Section

June Meeting

Wednesday, June 18, 2014 – 12:00 p.m. to 1:30 p.m.

 

Speakers:

Hon. Mark Wallace, U.S. Bankruptcy Court

Robert S. Marticello, Esq, partner at Weiland, Golden, Smiley, Wang, Ekvall & Strok LLP

Juliet Y. Oh, Esq., partner at Levene, Neale, Bender, Yoo & Brill LLP

Leonard M. Shulman, Esq., managing partner at Shulman Hodges & Bastian LLP

 

Topic:

Recent Developments in Chapter 11 (Part 2)

 

Location:

Original Mike’s

100 S. Main St., Santa Ana, CA 92701
CLICK HERE TO REGISTER!!!

July 19, 2014 – First Annual James T. King Bankruptcy Symposium – In re Bellingham: From the Insiders

By | June 9, 2014 | Appeals, Bankruptcy Data, Case Briefs, Cases, Community, Courts, Current Events, Specialist Information, Supreme Court | No comments
July 19, 2014
First Annual James T. King Bankruptcy Symposium 

In re Bellingham:  From the Insiders
Judge Richard Paez
9th Circuit Court of Appeals
(Wrote the 9th Circuit Opinion appealed to the Supreme Court)
Judge Meredith Jury
Bankruptcy Court – Riverside Division
Prof. John Pottow, University of Michigan
(Argued for the Appellees at the Supreme Court)
Moderated by M. Jonathan Hayes
Where:
Southwestern Law School
3050 Wilshire Boulevard
Westmoreland Building – 3rd Floor
Los Angeles, CA 90010  

CDCBAA – June 21, 2014 – MEET THE JUDGES’ CLERKS AND STAFF

By | June 9, 2014 | Bankruptcy Data, Court Clerk Information, Courts, Judges Corner | No comments

cdcbaa

Central District Consumer Bankruptcy Attorney Association

MEET THE JUDGES’ CLERKS AND STAFF

Saturday June 21, 2014

Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:

Jeff Cozad
Law Clerk to Judge Vincent Zurzolo

Hilda Montes de Oca
Law Clerk to Judge Maureen Tighe

Lindsay Milchiker
Law Clerk to Judge Victoria Kaufman

Gerrick Warrington
Law Clerk to Judge Scott Clarkson

David Riley
Law Clerk to Judge Neil Bason

Laila Masud
Extern to Judge Vincent Zurzolo

Moderated by
Matthew D. Resnik
Simon Resnik Hayes LLP

Where:
Southwestern Law School
3050 Wilshire Boulevard
Westmoreland Building – 3rd Floor
Los Angeles, CA 90010

Parking is $9.00

Times:
Registration: 10:00am – 11:00am
cdcbaa Membership Meeting: 10:30 am – 11:00 am
Program: 11:00 am – 1:00 pm

2 Hours of MCLE Credit Provided – Limited Space
NOTE: ONLY MEMBERS CURRENT ON THEIR 2014 MEMBERSHIP DUES WILL BE ADMITTED.

Cost: Free to current cdcbaa Members
Non-Members: $250 (which includes cdcbaa membership through December 2014, access to the list serve, admission to the three remaining 2014 MCLE programs, and admission to the annual Calvin Ashland Awards Dinner on November 6, 2014).

Sign up the day of the seminar with a check payable to cdcbaa (credit cards cannot be accepted the day of the seminar) or visit our website at www.bklawyers.org to remit payment online.

No Deficiency after Short Sale per CCP 21580e

By | June 9, 2014 | Cases | No comments

A recent ruling from Judge Geraldine Mund.

United States Bankruptcy Court
Central District of California
Judge Geraldine Mund, Presiding
Courtroom 303 Calendar
San Fernando Valley

Tuesday, June 03, 2014 Hearing Room 303  10:00 AM

1:10-16066 Patrick F Kilbane Chapter 7
#5.00 Objection to Claim #1 Claimant PNC Bank
Docket 44

The PNC claim arose out of a second trust deed on the Debtor’s home. The
Trustee has abandoned the home back to the Debtor and in February 2013
the Debtor sold the house to a third party for $715,000, which was a short
sale.  The holder of the first lien accepted $647,016.89 and PNC agree to
accept $21,000, which was paid to it.  This constituted a reconveyance of the
PNC trust deed.
After the sale closed, PNC amended its claim from $203,876.02 secured to
$182,876.02 unsecured.

Effective 7/11, Cal. Code Civ Pro 21580e was amended to eliminate a real
estate seller’s personal liability for a short sale deficiency as long as certain
conditions are satisfied. These require a dwelling of no more than four units,
that the title was voluntarily transferred to a buyer by a recorded grant deed or
other document of conveyance, and that the proceeds of the sale were
tendered to the secured creditor. All of these conditions have been satisfied.

No opposition received as of 5/29. Grant

← Older Entries
Newer Entries →