October 9, 2010
Circuit Court of Appeals Cases from Last Week
United States First Circuit, 10/01/2010
Perry v. Blum, --- F.3d --- (1st Cir. 2010)
Suit for an accounting of foreclosure proceeds and all rents collected.
United States Second Circuit, 10/05/2010
Simmons v. Roundup Funding, LLC, --- F.3d --- (2nd Cir. 2010)
Proof of claim filed in bankruptcy court cannot form the basis for a claim under the Fair Debt Collection Practices Act.
United States Fifth Circuit, 09/28/2010
In re Kleibrink, --- F.3d --- (5th Cir. 2010)
Court's ruling that a creditor held an enforceable security interest in property, despite having received a discharge in an earlier bankruptcy proceeding, affirmed where the notice given to the creditor did not satisfy the due process standard for notice set forth in Mullane.
United States Sixth Circuit, 09/30/2010
In re NM Holdings Co., LLC, --- F.3d --- (6th Cir. 2010)
In trustee's suit against debtor-company's former auditor, claiming negligence and aiding and abetting CEO's breach of his fiduciary duty to the company, summary judgment is affirmed where: 1)complaint does not allege reliance by the company or by the company's fairness committee, and the alleged reliance by the company's creditors cannot support a claim brought by the trustee on behalf of the company; and 2) statute of limitations applied to the trustee's aiding-and-abetting claim.
United States Seventh Circuit, 10/01/2010
In re Res. Tech. Corp. --- F.3d --- (7th Cir. 2010)
Bankruptcy court's rejection of the chapter 7 trustee's proposed assignments of the debtor's contracts with four Illinois landfills, and an order requiring a company, managed by the debtor's key officers, to pay the debtor's Chapter 7 operating expenses in exchange for the assignment of certain contracts, affirmed.
October 8, 2010
Nuts and Bolts of Chapter 11 Bankruptcy Practice – 6 Hour MCLE Program
Nuts and Bolts of Chapter 11 Bankruptcy Practice (6 Hour MCLE Program) at the University of West Los Angeles - School of Law with Professor M. Jonathan Hayes, Adjunct Professor of Law
Friday, October 15, 2010
9:30 am to 12:30 pm and 1:30 pm to 4:30 pm
Lunch on your own.
• How to handle small business bankruptcies, “super chapter 13s,” and single asset cases,
• When and whether to file a chapter 11 case, and the likely cost,
• The requirements of the Office of the United States Trustee,
• Cash collateral, how to recognize it and what to do about it,
• Business operating problems, the automatic stay, and valuation issues in the chapter 11.
• The disclosure statement, the plan of reorganization, and requirements for confirmation of a chapter 11 plan.
Deciding to file the chapter 11 case and getting paid.
The requirements of the US Trustee’s Office.
Claims litigation and stopping pre-petition litigation.
Adequate protection payments during the case.
The disclosure statement, and plan; technical requirements of plan confirmation, i.e., Section 1129(a) and (b), focusing on each of the three conceptual areas; Individual cases; single asset cases; and operating business cases.
UWLA, School of Law
West Los Angeles Campus
9800 S. La Cienega Blvd., 12th Floor
Inglewood, CA 90301
Law students $100.00
Parking: $3.00 with validation up to 4 hours for each entry or $13.50 per day. Please enter the parking lot at the 99th Street entrance only.
Materials, including a sample disclosure statement, plan and confirmation memorandum, will be provided via email. Attendees should bring a Bankruptcy Code, including the Bankruptcy Rules, to each session.
SFVB Farewell Luncheon for Judges Mund and Thompson
Farewell Luncheon for Hon. Geraldine Mund and Hon. Kathleen Thompson
Friday, Oct 22 at Noon
Warner Center Marriott Hotel
21850 Oxnard Street
Woodland Hills, CA 91367
$50/pp $500/Table of Ten
Contact Linda Temkin at the San Fernando Valley Bar Association to make a reservation
Telephone (818) 227-0490 ext.105
Facsimile (818) 227-0499
Join us for this fond look back.