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July 10, 2010

Circuit Court of Appeals Cases from Last Week

Catching up.

2nd Circuit Court of Appeals, June 22, 2010
In re Delta Airlines, Inc., --- F.3d --- (2nd Cir. 2010)(sustaining of objections to claims under tax indemnification agreements reversed where: 1) court's construction of "pay" in agreement in error; and 2) the bankruptcy court effectively nullified the agreements by stripping them of their ability to protect the Owner Participant in the event of debtor's default)

5th Circuit Court of Appeals, June 21, 2010
In re Wilborn, --- F.3d --- 5th Cir. 2010)(proposed class in this case did not satisfy the requirements of FRCP 23 and FRBP 7023)

7th Circuit Court of Appeals, June 23, 2010
In re McKinney, --- F.3d --- (7th Cir. 2010)(appeal dismissed for lack of jurisdiction as, although the issue that the tax debt owner cares about may have been resolved, its basic dispute with the bankruptcy estate has not been resolved and therefore the judgment of the bankruptcy court is not final)

10th Circuit Court of Appeals, June 23, 2010
In re Trout, --- F.3d --- (10th Cir. 2010)(trustee, having successfully avoided a preferential vehicle lien under section 547, the trustee was not entitled to a money judgment equal to the value of the avoided liens under section 550(a), where the bankruptcy estate had been sufficiently returned to its pre-transfer status by avoiding the preferential lien at issue and stepping into the lien priority of the avoided creditor under section 551)

Thanks to Findlaw.com

July 10, 2010 in Other Circuit Briefs | Permalink | Comments (0) | TrackBack

July 9, 2010

Bankruptcy Basics Program Santa Barbara

The Santa Barbara Barristers PRESENTS

Honorable Robin L. Riblet        Brian Fittipaldi
United States Bankruptcy Judge      U.S. Trustee Trial Attorney

 James King   Karen Grant
 King & Associates Law Offices of Karen Grant

Casey Nelson, Legal Aid Foundation of Santa Barbara County

Date:   Thursday, July 29, 2010
Time:   12:00 pm-2:30 pm
Location:   Santa Barbara College of Law, 20 East Victoria Street, Santa Barbara, CA 93101

This program is designed to provide training to attorneys who will be providing pro bono assistance to pro se debtors and to attorneys new to bankruptcy law.

• Introduction to Chapter 7 Bankruptcy Process
• Avoid common mistakes in filing a Chapter 7 bankruptcy case

To register, please email your contact information to Casey Nelson at cnelson@lafsbc.org.  This program is approved for 2 hours of MCLE Credit. REGISTRATION IS LIMITED.  The cost is $20 for Santa Barbara Barristers Members or $25 for Non-SBB Members. In lieu of the fee, attendees can pledge 2 HOURS PRO BONO service to a qualifying nonprofit.

This program is co-sponsored by the Legal Aid Foundation of Santa Barbara County and Public Counsel

*Refreshments generously provided by Suite Solutions*

July 9, 2010 in Programs | Permalink | Comments (0) | TrackBack

July 5, 2010

Volunteers Needed

Hello all,

If anyone is interested in volunteering at the Los Angeles Gay & Lesbian Center Legal Services Clinic once a month or more in the evenings (M - Th), please let me know.

The appointments are only 15 minutes each and the job is just to provide basic legal advice to the clients.  They need more bk attorneys, landlord/tenant attorneys, and immigration attorneys,

It is a rewarding service.

Thank you!
Holly Roark
Central District of California Consumer Bankruptcy Attorney

July 5, 2010 in Current Affairs | Permalink | Comments (0) | TrackBack