July 20, 2013 – CDCBAA – New Issues with the Homestead Exemption

By | July 16, 2013 | Community, Programs | No comments

CDCBAA
Central District Consumer Bankruptcy Attorney Association

New Issues with the Homestead Exemption

July 20, 2013

Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:

Judge Alan Ahart
Alan Broidy

Moderated by
Stella Havkin

Where:
Southwestern Law School
3050 Wilshire Boulevard
Westmoreland Building – 5th Floor
Los Angeles, CA 90010

Parking is $8.00

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 2013 MEMBERSHIP DUES WILL BE ADMITTED.

Cost: Free to current cdcbaa Members

Non-Members: $250 (which includes cdcbaa membership through 2013, at least one more free MCLE Program this year, admission to the list serve, and admission to the annual
Calvin Ashland Awards Dinner).

Note: People who have not previously been members of the cdcbaa may join at the meeting for $175.00 which will cover the remainder of this year and the Awards Dinner.

Sign up the day of the seminar with a check payable to cdcbaa or visit our website at www.bklawyers.org to remit payment online.

September 21st CLE Program:
Litigation Issues and Strategies Including Contempt

Feds enforcing anti-harassment rules against banks, other creditors, closing debt-collection law gap

By | July 12, 2013 | Current Events | No comments

By Martha Neil, from ABAJournal.com

For decades, federal law has protected consumers from being harassed by debt collectors, including law firms.

But there was one big loophole in the Fair Debt Collection Practices Act: It doesn’t apply to the actual debtors, such as banks with credit card operations, only the third parties that collect delinquent debt for them.

Now the new Consumer Financial Protection Bureau is stepping up to deal with that enforcement gap, reports Bloomberg. In addition to reviewing lenders’ collection practices and potentially fining them, the CFPB also is looking at discriminatory auto lending practices, overdraft fees and payday loans.

“It doesn’t matter who is collecting the debt–unfair, deceptive or abusive practices are illegal,” said Richard Cordray, the director of the CFPB, in a statement e-mailed to the news agency.

Office of the United States Trustee, Region 16 — THE WATCHDOG

By | June 28, 2013 | U.S. Trustee | 1 Comment

Read the Watchdog here. 

Pay.gov Software Upgrade to v5.6

By | June 27, 2013 | Court Clerk Information | 1 Comment

Attention:

Pay.gov, the CM/ECF on-line credit card processing module, will be deploying an upgrade of its software (v5.6) on Saturday, June 29, 2013 between 3:00 PM and 11:00 PM (Pacific Time).  During this maintenance period ECF users may experience interruptions of service affecting processing of fee transactions.

Access to CM/ECF is NOT affected by this outage.

Regards,

ECF Help Desk
(213) 894-2365

Leslie Cohen Law 5k Raised $7,500 to Support Public Counsel’s Debtor Assistance Project (“DAP”)

By | June 26, 2013 | Community, Current Events | 1 Comment

Hi everyone,

I wanted to recognize and give a big thank you to Leslie Cohen for sponsoring a very fun and successful LCL 5K!

This year, the LCL 5K raised $7,500 to support Public Counsel’s Debtor Assistance Project (“DAP”).

As you know, the DAP provides assistance to over 4,000 individuals and families every year by representing them in Chapter 7 cases, defending pro se litigants against non-meritorious adversary proceedings, providing counsel and advice to debtors at monthly reaffirmation hearings in both Los Angeles and Woodland Hills, and providing desperately needed assistance at the Los Angeles Self Help Desk and Pro Se Clinic.

However, providing these extensive services to pro se litigants would not be possible without your support. A link to the article about the LCL 5K is on our website at: http://www.publiccounsel.org/stories?id=0115. I look forward to seeing everyone at next year’s LCL 5K.

Thank you again Leslie!

Warmest regards,
Maggie

Magdalena Reyes Bordeaux
Supervising Attorney
Public Counsel
Consumer Law Project &
Debtor Assistance Project

2013 Consumer Action Handbook

By | June 26, 2013 | Books & Articles, Community | No comments

Hi everyone,

Each year, the U.S. General Services Administration’s (GSA) Office of Citizen Services and Innovative Technologies updates the Consumer Action Handbook, a resource with consumer tips to help consumers in their daily life. This annual handbook provides consumers with information essential to making financial decisions on everything from purchasing a home and paying for college to securing health care and protecting one’s privacy when shopping online.

The handbook is accessible at the link below:

www.usa.gov/topics/consumer/consumer-action-handbook.pdf

Please feel free to forward to any individual, organization or agency.

Best,
Maggie

Magdalena Reyes Bordeaux
Supervising Attorney
Public Counsel
Consumer Law Project &
Debtor Assistance Project

Weil Gotshal & Manges LLP Hired In Calif. Ch. 9 Cases After Winston & Strawn LLP Disqualified

By | June 24, 2013 | Current Events | 1 Comment

National Public Finance Guarantee Corp. has retained Weil Gotshal & Manges LLP to represent it in the Chapter 9 bankruptcy proceedings of San Bernardino and Stockton, Calif., after a judge disqualified Winston & Strawn LLP from representing the bond insurer in the San Bernardino matter, it said Friday.

Can the debtor claim the “carve-out” amount for the estate as exempt when the Chp. 7 trustee proposes to sell property of the estate in a “short-sale?”

By | June 24, 2013 | Chapter 7 | No comments

In re Wilson,  — B.R. — , 2013 WL ————- (Bkrtcy, C. D. Ca. June, 2013  Clarkson.J.)

Issue:   Where the trustee proposes to sell property of the estate in a “short-sale,” can the debtor claim the “carve-out” for the estate as exempt?

Holding:   Yes.  The proceeds of the sale are exempt irrespective of the fact that the property was underwater on the petition date.

Judge Scott Clarkson

The chapter 7 debtor here owned a home and a rental property.  Neither property had any equity on the petition date.  The debtor did not claim an exemption in either property.  The trustee listed the properties for sale and obtained offers.  The trustee then made a deal with the lienholders to complete a “shortsale” giving the estate $15,000 from the sale of one property and $21,250 from the other.  The debtor then amended her exemptions and claimed the wildcard amount of $26,328.  The trustee objected to the exemptions.  “The Trustee asserts that the Debtor may not claim exemptions which did not exist as of the Petition Date and that the claimed exemptions exceeds the maximum amount the Debtor is entitled to under CCP Sections 703.140(b)(1) and (5).”

Read more…

New Transcript Ordering Process

By | June 24, 2013 | Court Clerk Information | No comments

Effective July 1, 2013, the Court is adopting a new transcript ordering process.  For more information see: go.usa.gov/bvQk

-ECF

LBR Word Order Forms Updated

By | June 21, 2013 | Court Clerk Information | 1 Comment

The Court has posted updated MS-Word versions of its Notice of Entered Order and Service List (LBR form F 9021-1.1.NOTICE,ENTERED.ORDER) as well as the Notice of Entered Order and Service List attached to all MS-Word LBR form orders.

The updated forms fix a font issue related to the quotation marks.  Please use these updated MS-Word form versions for future filings rather than files you may have previously downloaded.  The revision date on these form orders has not been changed.

-ECF Support

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