BankruptcyProf Blog

CDCBAA Awards Dinner November 6, 2008

THE CENTRAL DISTRICT CONSUMER BANKRUPTCY ATTORNEYS ASSOCIATION

2008 CALVIN ASHLAND AWARDS DINNER

TO HONOR JUDGE OF THE YEAR,

The Honorable Geraldine Mund

(To be presented by prior Calvin Ashland Judge of the Year, Samuel L. Bufford)

Reception and no-host bar at 6:00 p.m. followed by dinner and awards presentation at 7:00 p.m.

Marriott Hotel Grand Ballroom
333 South Figueroa Street
Los Angeles, CA 90071

For seating availability, please call Peter M. Lively at (310) 899-0630

All RSVP Forms and checks must be mailed to: 

cdcbaa
c/o Henry Toles, Treasurer
11746 Goshen Avenue Suite #1
Los Angeles, CA 90049-6113

5th Annual "New Deal for Consumer Bankruptcy" Program in New York in September

A one day program to be held in "historic Hyde ParK" on September 12, 2008.  The cast certainly looks great including five bankruptcy judges.  The brochure can be accessed here.

National Conference of Bankruptcy Judges Annual Program

The NCBJ annual meeting will be held September 24 through 27 in Scottsdale, AZ.  The brochure is here. 

Supreme Court Justice Anthony Kennedy to Speak at the Ninth Circuit Judicial Conference, Sun Valley, July 28 to 31

The Ninth Circuit Judicial Conference is scheduled to take place on July 28-31 at the Sun Valley Inn and Lodge.  Supreme Court Justice Anthony Kennedy will be one of the speakers as well as Paul Clement, until recently, the Solicitor General.  The purpose of the meeting is "for the purpose of considering the business of the courts and advising means of improving the administration of justice."  The schedule is here.   

National Association of Chapter 13 Trustees "NACTT" Annual Meeting in San Francisco July 9 - 12, 2008

The National Association of Chapter 13 Trustees is holding its Annual Meeting next week in San Francisco.  The brochure is attached here. 

Program with Justice Alito at Pepperdine July 30, 2008

Pepperdine Law School is holding its "The Second Conversation on the Law of the Constitution" with Justice Alito on July 30, 2008 at the Malibu campus from 5:30 pm.m to 7:00 p.m.  Other speakers include Kenneth Starr, Dean of the Law School.  Its only $50 for practicing attorneys, $20 for Pepperdine alums, and free to law students and the judiciary.  The information is here.   

Program with Antonin Scalia

What are great program!  Justice Scalia and Bryan Garner are putting on an all day program on July 25 in Washington, D.C. based on their new book, Making Your Case: The Art of Persuading Judges.  The brochure is here.   The book, by the way, is an absolute must for any lawyer who ever goes into court.  It consists of 115 "pointers," some of which Scalia and Garner disagree on and the ensuing discussion is wonderful.  I am going to read one pointer each day to my class. 

Northern District of Texas Bench/Bar Conference

This conference was held in Dallas on June 13, 2008.  There are some really good materials, especially for the new bankruptcy lawyer or law student, on the Dallas Bar Assn website here.   

NACBA Program Available on CD

The National Association of Consumer Bankruptcy Attorneys (NACBA) annual program held on May 15 - 18, 2008 is available on CDs.  You can buy one particular program or all 24 volumes at very reasonable prices at ActsRecording.com.    

Financial Lawyers Conference Program June 5, 2008

The Financial Lawyers Conference next event will be held on June 5, 2008 at The Omni Hotel in Los Angeles and is entitled:

BANKRUPTCY UPDATE

This meeting is jointly sponsored by The Financial Lawyers Conference and The Los Angeles County Bar Association Commercial Law and Bankruptcy Section, Commercial Law Committee

FLC's annual review of recent developments in bankruptcy law including discussion of significant judicial opinions from around the country.

Speakers
Jeffrey H. Davidson
Stutman, Treister & Glatt, P.C.

K. John Shaffer
Stutman, Treister & Glatt, P.C.

Get the details here. 

Earle Hagen Memorial Writing Competition

The Law Offices of David A. Tilem and the Central District Consumer Bankruptcy Attorneys Association have established the Earle Hagen Memorial Writing Competition to encourage scholarship and expertise in the field of consumer bankruptcy law.

First Price: $1,500
A prize award of $1,500 will be given to the author of the entry determined by the judges which best meets the criteria set forth in these rules.
Second Prize: $500
If the judges, in their sole determination, conclude that there are more than five (5) serious entries, a second prize of $500 will also be awarded.

This competition is open only to full time law school students currently enrolled in a course of study leading to a JD Degree at the University of Southern California Gould School of Law, The University of California at Los Angeles School of Law, Southwestern Law School, Pepperdine University School of Law and Loyola Law School. Collaborative works are not permitted.

All submissions must be original and unpublished works which address one of the following two topics:
1) The Constitutionality of 11 U.S.C. §707(b)
2) The Constitutionality of 11 U.S.C. §1115(a)

Deadline for submission of materials: July 1, 2008. Announcement of winner: September 1, 2008 Presentation of award: November 7, 2008
For Style Requirements and the Registration Form, please contact Malissa Murgua at The Law
Offices of David A. Tilem, MalissaMurguia@TilemLaw.com.

33rd Annual Meeting of the Supreme Court Historical Society

The Supreme Court Historical Society will hold its 33rd Annual meeting and Dinner on June 2, 2008 at the Supreme Court Building.  The meeting includes a tour of the building and later a lecture by Justice Alito.  There is a reception at 7:00 p.m. and a black tie dinner at 8:00 p.m. in The Great Hall.

For information, go to the society website at www.supremecourthistory.org.      

California Bankruptcy Forum 20th Annual Conference

The 20th Annual California Bankruptcy Conference can be found here.

May 16-18, 2008 • Hyatt Grand Champions, Indian Wells

Consumer Bankruptcy Program with US Trustee

Central District Consumer Bankruptcy Attorneys Association

Date:    April 26, 2008

Time:     9:00 A.M.        Board of Director’s Meeting
            10:00 A.M.        General Membership Meeting
            11:00 A.M.        Program

Place:  University of West Los Angeles School of Law
           9920 S. La Cienega Blvd., Suite 404,
           Inglewood, CA 90301-4423

“Hot topics with the U.S. Trustee: Means Test and Beyond"

Speakers from the UST:
Jill Sturtevant, Esq., Kenneth Lau, Esq.,Phil Green, Esq.

Moderator:
David Tilem, Esq.

Other Upcoming Events:

  June 19, 2008              BAP Dinner: "Volume II: Effective advocacy before the
                                       BAP: BAP Panel Judges Dennis Montali, Randall Dunn
                                       and Bruce Markell together with BAP Clerk of Court,
                                       Harold Marenus"

NACBA Convention in Los Angeles - May 15 to 18, 2008

  The National Association of Consumer Bankruptcy Attorneys ("NACBA") convention this spring is being held in Hollywood at the Renaissance Hotel from May 15 through May 18.  The brochure is here.  Its not too late to sign up.  There will be some real heavyweight speakers including Ken Klee, Katie Porter, Henry Sommer (co-author of Collier on Bankruptcy).  It's a pretty impressive and very lengthy set of programs and I highly recommend it.  Say hi if you see me.  JH

An Evening and Dinner with the BAP

An Evening and Dinner with the Bankruptcy Appellate Panel
sponsored by Central District Consumer bankruptcy Attorneys Assoc. 

Share an appealing evening with BAP Judges, Bankruptcy Judges, CDCBAA Members and other interested parties

“Volume II:  Effective advocacy before the BAP:
BAP Panel Judges Dennis Montali, Randall Dunn and Bruce Markell together with BAP Clerk of Court,
Harold Marenus”

June 19, 2008
Cocktails at 6:00 p.m.
Followed by Dinner  at 7:00 p.m.

at
TAIX Restaurant
1911 Sunset Boulevard
Los Angeles, CA 90026

(reservations only)
$50.00 for members
$65.00 for non-members
$30 for government employees
*No tickets will be sold at the door*

RSVP to PeterMLively@aol.com

Please mail check payable to “CDCBAA” to:
Henry M. Toles
11746 Goshen Avenue, Suite #1
Los Angeles, California 90049-6113

Online International Bankruptcy Course

from Credit Slips this morning

posted by Bob Lawless
My friend, Professor David Epstein at Southern Methodist University, was telling me about an innovative course in International Bankruptcy. The course is offered at NYU, but through distance learning technology, law students at other schools can participate. I asked David if he would write up a few paragraphs about his experience with the course that I could share with Credit Slips readers. Here is what David wrote back.

I have often thought that students who are considering a transaction practice would benefit from a course in International Bankruptcy. The problem always has been that very few law schools have faculty members (or adjuncts) willing and/or prepared to teach such a course. I have been working with the American College of Bankruptcy (ACB) to address this need.

Thanks to the support of the ACB and the help of Kaplan Educational Corp. and Thomson/West, we are offering a two-credit course in International Bankruptcy for students at NYU, Tulane, and Utah this semester. Most of the teaching is done by four American lawyers – Don Bernstein, Richard Broude, Dan Glosband, and Lewis Kruger. With the ACB's financial help, they have been joined not only by New York bankruptcy judges but also by judges, lawyers, and professors from around the world. The syllabus includes not only Chapter 15 but also topics such as use of Chapter 11 by foreign nationals, a comparison of bankruptcy administration in the United States and other countries, and sovereign debt.

With Kaplan providing and supporting the technology, our faculty has done a great job of delivering the course content. While I have been somewhat less stellar in the role of "course administrator," I think I have learned from my mistakes. We're looking to expand the number of participating law schools.

If bankruptcy professors at other schools want to talk about how to make International Bankruptcy available to their students in the spring of 2009, please contact me.

Knowing David, I am sure his course administrator role has been stellar. Thanks for sharing the information, David.

DePaul Business & Commercial Law Journal's Upcoming Annual Symposium

Dear Mr. Hayes:

I am a second year law student at DePaul University College of Law in Chicago, Illinois and the incoming Editor-in-Chief of DePaul's Business & Commercial Law Journal.

The topic and quality of your blog caught my attention.  Would you be willing to post information about the DePaul Business & Commercial Law Journal's upcoming annual symposium on your blog? 

This is the sixth annual symposium we are hosting with the support of the Commercial Law League of America.  This year's topic is Lawyers, Law Firms, & the Legal Profession: An Ethical View of the Business of Law.  We have a number of wonderful speakers joining us, so I am trying to get the word out about this great event!

I attached a description to this e-mail so you can learn more about the event.  This is the Commercial Law League of America's website, which also has information about the event.

I would greatly appreciate your support!  Please let me know if I can answer any questions for you.

Sincerely,

Megan Bosau

Professor Erwin Chemerinsky Speaks Tonight at the Los Angeles Bankruptcy Forum Dinner

"The Battle Between Debtors’ Rights and Creditors’ Remedies in American Bankruptcy Law; Hey! It’s in the Constitution!"

On March 10, 2008, the Los Angeles Bankruptcy Forum will host the annual Joe Bernfeld dinner program. (Joe was a founder of the Los Angeles Bankruptcy Forum, a scholar of the law, and a colorful trial lawyer.)  This year our dinner program will feature an evening with the witty Professor Erwin Chemerinsky (Alston & Bird Professor of Law and Professor of Political Science, Duke Law, and Founding Dean of the Donald Bren School of Law at the University of California, Irvine).  Professor Erwin Chemerinsky will speak on "The Battle Between Debtors’ Rights and Creditors’ Remedies in American Bankruptcy Law; Hey! It’s in the Constitution!"

You can sign up here. 

Two Upcoming Conferences

From Professor Bob Lawless:

On May 2-3, the University of Illinois College of Law and the American Bankruptcy Institute are hosting "A Debtor's World: An Interdisciplinary Academic Symposium on Debt." Speakers and commentators represent some of the leading minds in a wide variety of disciplines including history, law, economics, finance, neuroscience, strategic management, organizational theory, and other fields. The keynote speaker will be James Scurlock, producer of the documentary Maxed Out. We are hoping that this event will lead to a flourishing of interdisciplinary conversations on how our society should optimize our use of debt. The conference will be held at the University of Illinois College of Law in Champaign, Illinois. More information about the event can be found at http://www.abiworld.org/Debt08/index.htm.

On the day before our conference, you can enjoy "Lawyers, Law Firms & the Legal Profession: An Ethical View of the Business of Law," a symposium jointly sponsored by the DePaul University College of Law and the Commercial Law League of America. That event will take place in Chicago, Illinois, and more information can be at http://www.clla.org/events/default.cfm#201. This symposium is part of the Commercial Law League's spring meeting. Topics include a discussion of the future of the billable hour and how lawyer mobility is changing the practice of business law. I have attached flyer with more information for this particular event.

--
Robert Lawless
Professor of Law and Galowich-Huizenga Faculty Scholar
University of Illinois College of Law
rlawless@law.uiuc.edu

American College of Bankruptcy Induction Ceremonies

This is from the American College of Bankruptcy web site.  My friend Debra Grassgreen from the Pachulski, Stang firm is being inducted.  She is a brilliant bankruptcy lawyer and very deserving of the honor.   

March 14-15, 2008
Induction of Class XIX

On March 14 and 15, 2008, the American College of Bankruptcy will host the 2008 Induction Ceremony and Related Events in Washington, D.C. at the Mayflower Hotel and the Induction Ceremony at the National Building Museum. We are honored that our keynote speaker for the Induction Ceremony will be The Honorable Thomas L. Ambro, United States Court of Appeals, Third Circuit, Wilmington, Delaware.

Please join us for the many events which include the Circuit Luncheons; the Salon Panel Discussion hosted by Evelyn Biery and Paul Singer; the Joint International Insolvency Institute/College panel discussion and our new Welcoming Reception.

Michael Temin, Scholar-In-Residence, has coordinated another exciting and informational Educational Program (see below for more details). The All Fellows Luncheon will be hosted following the Educational Program, and we will honor our 2008 Distinguished Service Award recipient.

The Education Committee will honor Distinguished Bankruptcy Law students from the Fifth, Sixth, Seventh, Eighth and Tenth Circuits. For the first time, we are hosting the Class 19 Induction Ceremony on Saturday night, March 15, and we are happy to report that all 29 nominees have accepted. We look forward to seeing you at the Induction Ceremony and Related Events.

Chapter 13 Program - Los Angeles County Bar Association

LACBA Commercial Law & Bankruptcy Section 

Presented by the Commercial Law & Bankruptcy Section

The DOs and DON'Ts of Getting a Chapter 13 Case Confirmed
Subsection/Committee: Bankruptcy Law Committee

January 30, 2008

LACBA Conference Center, 281 S. Figueroa Street , Los Angeles
1.0 hr CLE credit

With the sub-prime mortgage lenders in disarray and housing values dropping throughout California, consumer law firms are preparing themselves for the tidal wave of bankruptcy cases in which debtors will be trying against all odds to hang on to their real property.  Learn from true insiders of the Chapter 13 arena here in Los Angeles how to approach a Chapter 13 case and how to put it in the middle of the pipeline for confirmation.  The program will include an update on recent Ninth Circuit decisions concerning Chapter 13 cases and issues that still must be decided by the courts.

Speakers:

Erik Clark, Borowitz, Lozano & Clark
Aki Koyoma, Staff Attorney for the Office of Chapter 13 Trustee, Kathy Dockery
Brian D. Wirsching, former Staff Attorney for the Office of Chapter 13 Trustee, Nancy Curry
Renee Sawyer, Staff Attorney for the Office of Chapter 13 Trustee, Elizabeth Rojas
Peter M. Lively, Law Offices

LACBA Conference Center, 281 S. Figueroa St.,
Los Angeles 90012 Times and Registration Information:
Registration and Meal/Reception:
12:00 - 12:30 PM

Program:
12:30 - 1:30 PM

Click here to register Online , or call Member Services Department, 9:00 a.m. - 4:00 p.m., at (213) 896-6560. For multiple registrations, call Member Service Department.

Program With Judge Vincent Zurzolo

Mark your calendar.

CENTRAL DISTRICT CONSUMER BANKRUPTCY ATTORNEYS ASSOC. 

Review of 9th Circuit Published Decisions on Bankruptcy for 2007

Saturday, January 26, 2008

Speakers:
Hon. Vincent P. Zurzolo
Chief Judge Central District of California Bankruptcy Court
M. Jonathan Hayes

Where:
11355 W. Olympic Blvd
First Floor Conference Room
West Los Angeles, CA

Times:
Registration: 10:00 am - 11:00 am
CDCBAA Membership Meeting: 10:00 am - 11:00 am
Program: 11:00 am - 1:00 am

2 Hours of MCLE Credit Provided – Limited Space

Cost: Free to CDCBAA Members
Non-Members: $150 (which includes one year membership in CDCBAA and
at least six more MCLE Programs this year)

Materials include brief on every published 9th Circuit bankruptcy
case in 2007 and a few others on consumer issues, 79 cases in all

M. Jonathan Hayes
Certified Bankruptcy Specialist
21800 Oxnard St. Suite 840
Woodland Hills, CA 91367
(818) 710-3656
(818) 710-3659 fax
(818) 402-7537 cell

Consumer Bankruptcy Attorney Leon Bayer on the Radio

Re: Bankruptcy News: The Mortgage Meltdown and The New Bankruptcy Law

When:    Live radio program, Wednesday, December 12, 2007
Time:      7:30 - 8:30 PM
Where:   KALW FM Radio, 91.7, A Public Radio Station
Web:     Listen live on the Internet

Los Angeles Bankruptcy specialist Leon Bayer of Bayer, Wishman & Leotta will be interviewed live on the air at San Francisco's Public Radio Station KALW FM, 91.7 by Chuck Finney, the award winning host of "Your Legal Rights," a weekly radio program sponsored by the California Bar Association Committee on Legal Specialization. If you are outside the broadcast area you can listen live on the Internet at www.kalw.org

Dinner with the 9th Circuit BAP

I went to a dinner last night hosted by the CDCBAA.  The speakers were BAP Judges Christopher Klein, Jim Pappas, and Meridith Jury with BAP Clerk of Court Hal Marenus.  They gave us a bunch of great pointers.  Most can be found in the Litigants Manual. 

• The single document rule, FRBP 9021, requires the court's order to be a single document, separate from the findings.  Klein said he crosses out all of the findings if they are included with the judgment/Order.  If the findings are combined with the order/Judgment, the deadline to file the Notice of Appeal is 160 days instead of ten. 
• Findings are required in all contested matters.  If there are no findings, the matter will likely be remanded to the trial court.
• Figuring out whether an order is "final" can be tricky.  Remember, an appeal removes jurisdiction from the trial court.  If you would expect the proceeding to continue in the lower court, the order isn't final.      
• Always ask the lower court for a stay pending appeal before asking the BAP.  They will deny it without prejudice if you don't.  An oral motion at the end of the proceeding is good enough. 
• If both sides want the appeal expedited, call Hal and tell him and they will happily accommodate you. 
• A matter can be "equitably moot."  That is if failing to get a stay pending appeal has resulted in parties changing position when they would not had the stay been requested and granted. 
• The BAP, which consists of six judges, gets 40 to 50 motions per month.  Often the motion is resolved without a reply but if you wish to file a reply to the motion, call Hal and tell him its coming and they will hold off ruling on the motion. 
• If the motion is an emergency motion, put "Emergency" in real big letters in the caption. 
• BAP decisions are binding on the BAP and bankruptcy courts.  They are not binding on District Courts or the Circuit Court of Appeals. 
• The Circuit Court of Appeals can only overrule its previous decisions en banc.  The BAP cannot sit en banc. 
• The 9th Circuit BAP received 374 appeals in 2006 - 361 went to the District Court. 

Central District Consumer Bankruptcy Attorney's Association

This is a group I am in which covers the Central District of California.  The group's latest newsletter can be found here. 

We are having a dinner on November 7, 2007 in which we will honor Peter Anderson, the US Trustee for our Region.  Our website can be accessed here. 

NACBA Program in Las Vegas Next Week

Save the Dates!
Fall 2007 Bankruptcy Workshop: A Sure Bet (Don’t Gamble With Your Practice)
Fall Workshop October 26-27, 2007
JW Marriott Resort, Las Vegas, NV

Course offerings include:

• A Mini-Boot Camp on Mortgage Issues featuring O. Max Gardner, III and John Rao
• Bankruptcy Basics for New Practitioners
• Hot Issues in Bankruptcy Law
• Consumer Law for Bankruptcy Attorneys
• Office Management and Technology
  and more.

Agenda:
Each day of the program will offer two tracks.  Members may select one track each day.  In addition, Friday's program will include a plenary session on Hot Issues in Bankruptcy Law.

Friday, October 26, 2007:
Consumer Law for Bankruptcy Attorneys
Office Management and Technology

Saturday, October 27, 2007:
Mini-Boot Camp on Mortgage Issues
Bankruptcy Basics for New Practitioners

Bankruptcy Inn of the Court

This is a letter I received recently regarding the formation of the Southern California Bankruptcy Inn of the Court.  I was in an Inn of the Court several years ago and it was one of my favorite experiences.  If you are interested in joining, call Brett Curlee at the number below.  Our first meeting is scheduled for October 16, 2007. 

Dear Professor Hayes,

My name is Brett Curlee and I am the President of the Central District of California Consumer Bankruptcy Attorneys Association (CDCBAA). The CDCBAA represents 120 consumer bankruptcy attorneys in the Central District of California, and is the second largest consumer bankruptcy attorney organization in the United States.

Our organization was very excited to receive a charter from the American Inn Of Court to form the first ever Inn of Court here in Southern California devoted exclusively to the practice of bankruptcy law and litigation, the Southern California Bankruptcy Inn of Court.

I am writing to invite you and other professors from West Los Angeles School of Law who teach bankruptcy law, and students interested in practicing bankruptcy law to join our Inn.

The purpose of the Inn is to foster communication, civility, and professionalism in the bankruptcy courts, and more importantly, for senior bankruptcy attorneys and judges to mentor young lawyers and law students who wish to become bankruptcy lawyers or have an interest in bankruptcy law.

The Inn will meet 6 times this year, 2007-2008, starting in October 2007. This will be an excellent opportunity for UWLA students who have an interest in bankruptcy law to meet the Bankruptcy Judges and the senior preeminent bankruptcy and insolvency lawyers and faculty of various law schools in the Central District of California, and to gain an insight into the practice of bankruptcy law. With the recent changes in the bankruptcy code, there will also be an opportunity for students to discuss and debate the issues that practitioners are grappling with in the bankruptcy court on a daily basis.

I am very proud to offer this opportunity to you and your students. The invitations will be mailed shortly, and we are looking forward to meeting you at the Inn.

If you or any of your faculty or students have questions about participating in the Inn, please feel free to call me at (310) 203-3084.

Very Truly Yours,

Brett B. Curlee President of the CDCBAA President of the Southern California Bankruptcy Inn of Court