New Docket Event for Transcript Order Form

By | November 21, 2013 | Court Clerk Information | No comments

ATTENTION ECF USERS:

Effective November 25, 2013, when requesting a transcript of a hearing, file the Transcript Order Form in CM/ECF using new docket event, Transcript Order Form (Public Request).

Revised Transcript Ordering Instructions and Form (rev. date is November 25, 2013) are located at http://www.cacb.uscourts.gov/track-transcript-status

Upon receipt of the Transcript Order Form through CM/ECF, the Clerk’s Office will prepare and transmit the Court’s records of the hearing to the Transcriber. The Clerk’s Office will then docket a Transcript Records Transmittal and relate it to the Transcript Order Form. More information regarding these docket events and tracking the status of a transcript is located on the Court’s website at http://www.cacb.uscourts.gov/track-transcript-status

ECF Help Desk

Public Counsel’s President/CEO Hernán Vera appointed to the Board of Trustees by California Supreme Court

By | November 13, 2013 | Current Events, Pro Bono | No comments

Just wanted to share the good news with everyone that Public Counsel’s President/CEO Hernán Vera was recently appointed to the Board of Trustees by California Supreme Court.

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Five new board members also took the oath of office at the same time. Miriam Aroni Krinsky and Hernán Vera, both of Los Angeles, were appointed by the California Supreme Court.

http://www.calbarjournal.com/Portals/1/documents/cbej/2013-11.html

Debt collectors face new rules under proposal from Consumer Financial Protection Bureau

By | November 8, 2013 | Current Events | No comments

By Danielle Douglas 

http://www.washingtonpost.com/business/economy/cfpb-proposes-new-rule-to-govern-debt-collectors/2013/11/05/ef920b86-462a-11e3-bf0c-cebf37c6f484_story.html?hpid=z5

The government is preparing restrictions on debt collectors, a loosely regulated industry under increasing scrutiny over complaints of abusive tactics.

On Wednesday, the Consumer Financial Protection Bureau is slated to issue a notice of proposed rulemaking to modernize the legal framework governing debt collection. The government watchdog is seeking public and business comment before formally proposing the rules, which are expected to be finalized by next year.

The bureau is asking Americans whether creditors and collection agencies are providing accurate information about their outstanding debts. It also wants to know whether people are receiving threatening calls at all hours of the night or being dragged into court for money they do not owe.

“Collection of consumer debts serves an important role in the proper functioning of consumer credit markets,” CFPB Director Richard Cordray said Tuesday on a call with reporters. “But certain debt collection practices have long been a source of frustration for many consumers.”

Cordray noted that since the bureau began accepting debt collection complaints in July, it has received about 5,000 consumer grievances. The most-common complaints involve harassing phone calls, lack of verification of the debt and people becoming aware of a collection account only through their credit report.

Read more…

Reaffirmation to refinance/modification after discharge

By | November 5, 2013 | Chapter 7 | No comments

From:               Katherine Porter

Sent:                Saturday, October 26, 2013

Subject:           Reaffirmation to refinance/modification after discharge

If you have California clients facing requests to reaffirm after discharge to either refinance or modify the loan, please know about the California Monitor Program as a resource. I serve as Monitor at the request of California Attorney General Kamala Harris. The California Monitor provides assistance to homeowners and negotiation with the five mortgage companies that signed the National Mortgage Settlement: BoA, WF, Chase, Citi, and GMAC (now serviced by Ocwen) to ensure compliance with the Settlement, including its bankr uptcy-related servicing reforms. You can submit an issue to us by email to: camonitor@doj.ca.gov.

Of the 5 servicers listed above, we believe Wells Fargo is the main (only?) institution refusing refinances unless the mortgage debt was reaffirmed in the bankruptcy. (Doing it after the discharge basically doesn’t work for a host of legal reasons, and WF sees those issues but seems to continue to “ask for”/”require” a reaffirmation at times. Wells Fargo has confirmed to us, however, that loan modifications after discharge are available, regardless of whether the debt was reaffirmed.

California lawyers feel free to contact us if your clients are facing difficulty in the loan modification process [before, during, after, w/o regard to] the bankruptcy if the servicer is BoA, WF, Chase, Citi, or formerly GMAC (now Ocwen). Unfortunately, we cannot help with other servicers at this time.  We are also particularly interested in problems with Bank of America loans transferred to Nationstar (particularly honoring trial modifications in process or converting to permanent modifications), and whether motions for relief in chapter 13 cases are providing statements of whether the debtor is in the loss mitigation process (this is a settlement requirement).

We also created some bankruptcy-specific National Mortgage Settlement training documents, including one with the National Consumer Law Center called “What Every Consumer Bankruptcy Attorney Needs to Know About the National Mortgage Settlement.  http://californiamonitor.org/wp-content/uploads/2013/02/Consumer-Bankruptcy-Powerpoint.pdf

Our general page is: http://californiamonitor.org/

Professor Katherine Porter

California Monitor

A Program of the Attorney General

5/8/14 – FBA-LA – RECEPTION HONORING THE FEDERAL JUDICIARY

By | October 25, 2013 | Current Events, Programs | No comments

May 8, 2014 – 5:30 p.m. – 7:30 p.m. (Registration at 5:00 p.m.)

Location: City Hall – Tom Bradley Room (200 N. Spring St., 26th Fl., Los Angeles

Reception will be in the Tom Bradley Room. Take elevator to the 22nd floor, then change elevators to the 26th floor.)

Magnificently restored, the former Tower Room is once again the jewel in the crown of Los Angeles City Hall. The room is atop the City Hall Tower, which rises 27 floors above Spring and Main Streets, and for decades was the tallest structure in Los Angeles. The restoration of City Hall following the Northridge Earthquake included the ornate ceiling decorations, art deco lighting fixtures, and huge windows looking out to an observation deck with 360 degree views over the city. Following its restoration, the room has been named in honor of Mayor Tom Bradley.

3/14/14 – FBA-LA – STATE OF THE CIRCUIT/DISTRICT

By | October 25, 2013 | Programs | No comments

March 14, 2014 – 12:00 p.m. (Registration at 11:30 a.m.)
Location: Doubletree Hotel (formerly Kyoto Grand) (120 S. Los Angeles St., Los Angeles, CA 90012)
Featuring:

Judge Paul J. Watford

United States Court of Appeals, 9th Circuit

Chief Judge George H. King

United States District Court, Central District

Chief Magistrate Judge Suzanne H. Segal

United States District Court, Central District

Chief Bankruptcy Judge Peter H. Carroll

United States Bankruptcy Court, Central District

1/25/14 – FBA-LA – TAKING THE STEP TO FEDERAL COURT

By | October 25, 2013 | Current Events, Programs | No comments

January 25, 2014 – 8:30 a.m. – 12:30 p.m. (Registration at 8:00 a.m. – 8:30 a.m.)
Location: United States Courthouse (312 North Spring Street, Los Angeles)
This “nuts and bolts” program is designed to aid both new admittees and attorneys with limited experience in federal court in the practical aspects of civil litigation in federal court.

1/15/14 – FBA-LA – BROWN BAG LUNCH FOR YOUNG LAWYERS

By | October 25, 2013 | Current Events, Programs | No comments

January 15, 2014 – 12:00 p.m. (Registration at 11:30 a.m.)

Location: United States Courthouse

(Courtroom 14, 312 North Spring Street, Los Angeles, California 90012)

Please bring your lunch and join Judge O’Connell and Judge Wilner
for an exciting and informative introduction to federal practice in the
Central District of California. This is a wonderful opportunity for
lawyers in their first few years of practice to meet and interact with
members of the federal judiciary in a small group setting.

This program will provide 1 hour of MCLE credit.

12/13/13 – FBA-LA 10th Annual Bankruptcy Ethics Symposium and Taking the Step to Federal Court

By | October 25, 2013 | Current Events, Programs | No comments

10TH ANNUAL BANKRUPTCY ETHICS SYMPOSIUM
December 13, 2013 – 9:00 a.m. (Registration at 8:30 a.m.)
Location: Roybal Federal Building, Conference Room 283 (255 E. Temple St, Los Angeles, CA 90017)
TOPICS:

Pre-Bankruptcy Planning: 20 Shades of Gray

Technology Tips and Trap Doors

An Ethics Conversation with Evan Jenness

 

SPEAKERS:

Hon. Ernest M. Robles, United States Bankruptcy Court

Hon. Deborah J. Saltzman, United States Bankruptcy Court

Gillian N. Brown, Esq., Pachulski Stang Ziehl & Jones LLP

J. Scott Bovitz, Esq., Bovitz & Spitzer

M. Erik Clark, Esq., Borowitz & Clark, LLP

Christie L. Cronenweth, Esq., Law Offi ces of Christie Cronenweth

Evan A. Jenness, Esq., Law Offi ces of Evan A. Jenness

Stella A. Havkin, Esq., Havkin & Shrago

David A. Tilem, Esq., Law Offi ces of David A Tilem

MCLE: 3.5 Hrs. General MCLE This activity has been approved for
Minimum Continuing Legal Education Credit by the State Bar of
California. The FBA certifies that this activity conforms to the
standards of approved education activities prescribed by the rules and
regulations of the State Bar of California governing minimum continuing
legal education.

Judge Zurzolo and Relief from Stay Motions

By | October 15, 2013 | Judges Corner | No comments

Dear Colleagues!

Judge Zurolo has announced today that any motions that contain a POS that does not conform with the Local Rules, i.e., stating the capacity of each party served, the Court will now continue the hearing in order to receive an Amended POS. In the past this Court would simply conditionally grant the motion subject to the movant submitting an amended POS. The Court stated that since he has been enforcing this Local Rule for over 2 years, and this procedure (courtesy) is now over.

To my creditor colleagues and my debtor colleagues (filing Responses and their own various motions) a big FYI!

Keith Higginbotham

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