July 2, 2010
Consumer Bankruptcy Meeting
CENTRAL DISTRICT CONSUMER BANKRUPTCY ATTORNEYS ASSOCIATION
Southwestern Law School
3050 Wilshire Blvd., Room W329
3rd Floor in the Westmoreland Building
Los Angeles, CA 90010
MCLE Program 11:00 a.m. – 1:00 p.m.
Total Hours: 2 hours
How to make a good “APPEARANCE” before the Court and Trustees
(A guide for all of us dummies)
Nancy K. Curry, Chapter 13 Trustee
Warren L. Brown, Esq.
Keith Higginbotham, Esq.
Cost: Free to cdcbaa Members
Non-Members: $210 (which includes one year membership in cdcbaa, admission to the Annual Calvin Ashland Awards Dinner and at least three more free MCLE Programs this year)
June 29, 2010
Elena Kagan Lack of Judicial Experience?
Unable to knock anywhere else, the knock on Elena Kagan is that she has no judicial experience. I took a look at the last 19 judges on the Supreme Court. Roberts and Thomas had two whole years each on the District of Columbia Court of Appeals before joining the Supreme Court. Scalia and Thurgood Marshall had four years on the court of appeals, and John Paul Stevens five years - total judge experience. And I don't think that being on the court of appeals is exactly what the public would think of as judicial experince.
Of the last 19 judges going back to the 1962 appointment of Byron White, only three sat as judges on a trial court: Sonia Sotomayor, six years as a district judge in New York; David Souter, five years on the New Hampshire Superior Court; and Sandra O'Connor, four years on the Arizona Superior Court. Five had never been a judge; White, Goldberg, Fortas, Powell and Rehnquist.
The most experienced judges? Sotomayor 17 years on the bench; Alito, 16; Breyer, 14 (usually considered an academic); Ginsburg (academic), Kennedy and Burger, 13 years each.
June 28, 2010
Circuit Court of Appeals Cases from Last Week
U.S. Supreme Court, June 17, 2010
Schwab v. Reilly, --- US --- (2010)(debtor gave “the value of [her] claimed exemption[s]” on Schedule C dollar amounts within the range the Code allows for what it defines as the “property claimed as exempt,” the trustee was not required to object to the exemptions in order to preserve the estate’s right to retain any value in the equipment beyond the value of the exempt interest)
1st Circuit Court of Appeals, June 15, 2010
In re Nosek, --- F.3d --- (1st Cir. 2010)(In a creditor's appeal from a $250,000 sanction issued sua sponte by the bankruptcy court, the sanction is reduced to $5,000 where: 1)creditor's claim that it was the holder of the mortgage at issue was not a deliberate falsehood or intended in any way to mislead the court or debtor or achieve anything for creditor; and 2) the bankruptcy court did not identify any actual prejudice from the inaccurate claim of holder status)(Note: David Souter sat on the panel in this appeal)
2nd Circuit Court of Appeals, June 15, 2010
SEC v. Byers, --- F.3d --- (2nd Cir 2010)(In nonparties' appeal from the district court's order holding that its jurisdiction in rem and its equitable powers provided it with sufficient authority to issue an injunction barring non-parties from filing involuntary bankruptcy petitions against any of the defendants, the order is affirmed where, while it should be sparsely exercised, district courts possess the authority and discretion to enter anti-litigation orders, including those that bar the filing of involuntary bankruptcy petitions absent the district court's permission)
9th Circuit Court of Appeals, June 09, 2010
In re Southern Cal. Sunbelt Developers, --- F.3d --- (9th Cir. 2010)(In actions seeking damages for filing of involuntary bankruptcy petitions against two alleged debtors, judgment for damages is affirmed in part where: 1) 11 U.S.C. section 303(i) permits an award of attorney's fees for a section 303 action as a whole, including fees incurred to litigate claims for fees and damages under section 303(i)(1) and (2); 2) section 303(i) permits an award of punitive damages under section 303(i)(2)(B) in the absence of an award of actual damages under section 303(i)(2)(A); and 3) award against two individual appellants jointly and severally liable for the costs and attorney's fees the debtors incurred in obtaining dismissal of the involuntary petitions is proper. However, the judgment is reversed in part where the bankruptcy court erred by holding the individual appellants liable for the debtors' costs and fees incurred on the section 303(i) motions themselves)
Thanks to Findlaw.com