COMMUNITY OUTREACH, COURT EVENTS AND PROGRAMS
Community Outreach
In 2014, the Court continued to reach out to the community through educational initiatives aimed at increasing public understanding, trust, and confidence in the federal court system as highlighted in its 2014 – 2019 Strategic Plan.
Court Hosts High School Students for Law Day
On May 20, 2014, the Court hosted a Law Day celebration for approximately 80 high school students who are members of Junior State of America ( JSA). The Bankruptcy Court’s Community Outreach Committee, chaired by Bankruptcy Judge Sandra R. Klein, organized the district-wide Law Day celebration. Chief Bankruptcy Judge Peter H. Carroll and Bankruptcy Judges Neil W. Bason, Sheri Bluebond, Julia W. Brand, Victoria S. Kaufman, Richard M. Neiter, and Maureen A. Tighe also participated in the event. JSA is a nonprofit, nonpartisan organization that encourages students interested in politics, government, foreign affairs, the law, and education, to become active and informed citizens. The theme for the 2014 Law Day was “American Democracy and the Rule of Law: Why Every Vote Matters.”
The daylong celebration began with two mock trials involving a criminal texting-while-driving case. The students played all of the roles in the trial, including the judges, prosecutors, defense attorneys, courtroom deputies, and jurors. District Judge Philip S. Gutierrez and Chief Magistrate Judge Suzanne H. Segal assisted the student judges and provided information about trial practices and procedures. Attorneys from the Offices of the U.S. Attorney and Federal Public Defender coached the student prosecutors and defense attorneys and mentored the students as they prepared their closing arguments. Each mock trial included a jury, which deliberated and rendered a verdict.
Following the mock trials, Bankruptcy Judges Klein and Tighe provided financial literacy presentations. The presentations utilized video and audio clips to highlight important information such as distinguishing between wants and needs, budgeting, saving, investing, using credit cards wisely, and the difference between credit and debit cards. The presentations also included materials about student loans and bankruptcy.
The Bankruptcy Court then hosted a Power Lunch, during which judges, lawyers, and other professionals shared lunch with the students and discussed the law and the legal profession. In addition to the judges already mentioned, the following judges participated in the Power Lunch: Senior District Judges Terry J. Hatter, Jr. and Ronald S.W. Lew; District Judges Dolly M. Gee, John A. Kronstadt, and Beverly Reid O’Connell; and Magistrate Judges Alka Sagar and Patrick J. Walsh. Executive Officer/Clerk of Court Kathleen J. Campbell, Federal Public Defender Sean K. Kennedy, attorneys, and other federal agency professionals were also in attendance.
The Power Lunch opened with a discussion of significant events in the nation’s history regarding voting and voting rights. Students were encouraged to exercise their voting rights so that their voices can be heard. Emphasizing that justice requires hard work and dedication, guest speaker Loyola Law School Professor Laurie L. Levenson spoke to the students about high profile cases, law, and justice. The Power Lunch concluded with a spirited game of “Legal Jeopardy,” with categories such as “Bill of Rights” and “Who’s Who in the Courtroom.” The students as well as the volunteers had a wonderful time.
The Law Day celebration ended with a jobs panel, which featured speakers from the District Court, Bankruptcy Court, Bureau of Prisons, and offices of the U.S. Attorney, Federal Public Defender, U.S. Trustee, Pretrial Services, Probation, U.S. Marshals Service, and Federal Protective Service. The speakers discussed their backgrounds, educations, and jobs.
Judge Sandra R. Klein Hosts Law Day Thank You Party
On June 13, 2014, Judge Sandra R. Klein welcomed the Clerk’s Office, judges and law clerks to her courtroom—decorated for the occasion with festive balloons, flowers, and a “Thank You” banner—to convey her heartfelt gratitude to all those who contributed to the success of the Court’s Law Day event. Chief Judge Peter H. Carroll was present to award the Chief Judge Coin to Special Projects Manager Sandi Brask, Communications Specialist Laura Piedra, Training Specialist Kimberly Rubal, Courtroom Technology Specialist Victor Chavez, Office Services Supervisor Guy Nakasu, Software Developer Raymond Quon, Operations Analyst Nick Tam, and Administrative Specialist Jan Zari in recognition of their extraordinary efforts toward the success of the Law Day event. During her remarks, Judge Klein shared feedback from participants in the Law Day event who uniformly noted that the event was carried out seamlessly. A variety of sweet treats were enjoyed by all present, as well as a heaping side of gratitude for a job well done.
Consumer Bankruptcy Litigation Practicum Begins
On April 15, 2014, Judge Sandra R. Klein, chair of the Court’s Community Outreach Committee, announced the launch of the Consumer Bankruptcy Litigation Practicum (CBLP) to be offered to Loyola Law School students. CBLP is a year-long course that provides students with an understanding of the law governing consumer bankruptcies and an opportunity to develop practical legal skills through engaging in skills-based simulations and providing assistance to consumer debtors. This course is comprised of two four-unit semesters. The first semester was held in the fall of 2014 and the second semester will be held in the spring of 2015.
This fall semester covered the substantive law governing consumer bankruptcy cases, including: an overview of bankruptcy law and significant Bankruptcy Code provisions affecting all types of bankruptcies; a more detailed consideration of the rules and life cycles of chapters 7 and 13 cases; and an analysis of issues particularly important to consumer debtors, such as exemptions, dischargeability, eligibility for chapters 7 and 13 and alternatives to bankruptcy. After learning interviewing techniques, how to identify relevant issues, and how to prepare necessary bankruptcy documents, students of the inaugural class gained real-life experience by interviewing clients and preparing chapter 7 petitions under the supervision of attorneys at the Legal Aid Foundation of Los Angeles (LAFLA). In addition to time in the classroom and at LAFLA, the students observed several bankruptcy court hearings, learned about courtroom etiquette and argued a simulated motion before a bankruptcy judge, who critiqued their argument.
In the spring semester, the students will work 16 hours each week at a consumer bankruptcy assistance project, such as Public Counsel. To fulfill their writing requirement, they will prepare approximately three simple pleadings (e.g., a complaint, an answer, a simple motion) and maintain a weekly journal of their activities at the assistance project.
Court Hosts Training on Financial Elder Abuse, Dementia, and Mental Competency Issues in Bankruptcy
On January 31, 2014, the Court’s Community Outreach Committee hosted a training program on financial elder abuse, dementia, and mental incompetency in bankruptcy. The event was organized by University of California, Los Angeles Ann C. Rosenfield Fellow Julie A. Pollock with the guidance of Judge Sandra R. Klein, chair of the Community Outreach Committee; Judge Maureen A. Tighe; and Executive Officer/Clerk of Court Kathleen J. Campbell. Over 100 attendees participated, including bankruptcy judges, panel trustees, representatives from the Office of the U.S. Trustee, and chambers and Clerk’s Office staff.
The program featured Vice President of Elder Abuse Prevention at WISE & Healthy Aging Molly Davies, Victim Specialist at the Federal Bureau of Investigation (FBI) Debbie Deem, and Associate Professor of Psychology at Scripps College Dr. Stacey Wood. While seniors continue to file for bankruptcy in increasing numbers, this event was designed to provide the Court with an introduction to relevant issues faced by seniors, including financial scams targeting the elderly, financial elder abuse, and the cognitive changes related to financial decision-making that can occur across an individual’s lifespan.
Professor Stacey Wood opened the program with an overview of cognitive changes that occur in normal aging versus those experienced by persons suffering from dementia. Dr. Wood underscored the reasons why some older adults may be susceptible to financial exploitation, based on these cognitive changes, and referenced sections of the California Probate Code that define financial capacity.
Molly Davies then provided an introduction to the subject of financial elder abuse in the United States, describing the reasons why elders are often targeted, as well as the scope of the problem across the country. Debbie Deem of the FBI delved into further detail about common types of financial crimes targeting the elderly, including mass marketing, investment, and foreclosure fraud. Ms. Deem described the impact these crimes have on the victims, noting that many individuals may be forced into bankruptcy.
As the baby boom population ages, bankruptcy courts are likely to see an increase in the number of debtors over the age of 55 who have fallen victim to financial exploitation, as well as an increase in issues related to the financial capacity of elder debtors. The Central District hopes to create an ongoing dialogue regarding these topics.
People v. Goldilocks Mock Trial
On June 2, 2014, for the fifth consecutive year, over 80 third graders from CHIME Charter Elementary School in Woodland Hills converged upon the San Fernando Valley Division for a mock trial pitting the People of the State of California against beloved fairy tale character, Goldilocks.
The kids—many wearing business attire—split up into the three courtrooms and took their places as district attorneys, defense attorneys, jurors, sketch artists, bailiffs, recorders, clerks, and judges, and then the trial began. Two compelling witnesses, Baby Bear and Goldilocks, were heard and the verdicts varied.
Judge Maureen A. Tighe, assisted by law clerks, externs, and Clerk's Office staff members, were on hand to answer questions and make sure everything ran smoothly. The program concluded with a question and answer session, a tour of chambers, and a photo shoot at Judge Tighe's bench (complete with robe and gavel).
Clerk’s Office Participates in Veterans Vocation Rehabilitation and Employment Program
In February 2014, United States Navy veteran Jason La Mard Jones began working at the Court through the Veterans Vocation Rehabilitation and Employment Program. Mr. Jones has a Bachelor of Science degree in Organizational Leadership and is expected to complete his Master of Arts degree in Management. Mr. Jones was assigned to the Human Resources Department to work on community outreach projects, the Paths to Success Leadership Development Program, and the Succession Planning project.
Court Staff “Run for Justice”
On March 8, 2014, Special Projects Manager Sandi Brask, Training Specialist Kimberly Rubal, Legal Analyst Jennifer Wright, Administrative Specialist Jan Zari, Facilities Project Coordinators Jennifer Harmon, and Leanne O’Brien, Financial Specialist Veronica Magno, Lead Courtroom Services Deputy Wendy Jackson, and Human Resources Specialist Michele Downing participated in the “Run for Justice” at this year’s Los Angeles 5K Marathon in support of Public Counsel. Nearly 600 additional participants joined the “Run for Justice” and over 3,300 in the larger race. The runners enjoyed a challenging 3.1-mile course around Elysian Park and Dodger Stadium and were greeted with cheers, shiny medals, and refreshments at the finish line. The race was a fun and rewarding experience for a great cause. As guests of Public Counsel, staff members were given the VIP treatment, including pre-race accommodations at the Dodgers’ Third Base Club. The runners received breakfast, t-shirts, and pictures from a photo booth.
Third Annual 5K Run/Walk for DAP
On April 26, 2014, the Third Annual Leslie Cohen Law 5K Run/Walk was held in Santa Monica to benefit Public Counsel’s Debtor Assistance Project (DAP). The event raised $10,000 for the pro bono legal assistance program. Judges Catherine E. Bauer and Julia W. Brand were among the participants.
Bankruptcy Clerks Participate in 5K Family Fun Run/Walk
On March 29, 2014, Administrative Specialist Jan Zari, Facilities Project Coordinator Jennifer Harmon, Facilities Project Coordinator Leanne O’Brien, Financial Specialist Veronica Magno, and Human Resources Specialist Michele Downing participated in the Angels 5K Family Fun Run/Walk. The race, benefiting the Angels Baseball Foundation, was a fast and fun 3.1 miles around Angel Stadium of Anaheim with nearly 4,000 participants. Before crossing the finish line, all race participants had a chance to run around the outfield of the baseball field and see themselves on the huge illuminated scoreboard. Finishers were awarded Angels baseball-themed medals and had a chance to take pictures inside and around the stadium.
Combined Federal Campaign Participation
In 2014, the Court continued to raise money through employee participation in and contributions to the Combined Federal Campaign (CFC), which promotes and supports philanthropy through its employee-focused, cost-efficient, and effective programs. CFC is the world’s largest and most successful annual workplace charity campaign. Pledges support eligible nonprofit organizations that provide health and human service benefits throughout the world. This year's CFC contributions by division were as follows: Los Angeles - $17,202; San Fernando Valley - $4,355.40; Riverside - $4,406; Santa Ana - $2,308; and Northern - $800, for a grand total of $29,071.40.
On November 14, 2014, during the annual CFC drive, two speakers from local charities visited the Riverside Division: Kymberly Cloughesy from Best Friends Animal Society and Marnice Smith from Meeting Seniors Needs Hotline. Ms. Cloughesy discussed Best Friends Animal Society’s mission to save all animals in American shelters, and Ms. Smith discussed the services that Meeting Seniors Needs Hotline provides to seniors, veterans, and persons with disabilities. On November 21, Loretta Moody from Community Health Charities and Krystal Harris from PAWS/LA visited the Los Angeles Division for the CFC Kickoff event. Ms. Moody discussed the history and mission of Community Health Charities, which unites donors in the workplace with trusted health charities. Ms. Harris discussed PAWS/LA’s services, which help low-income seniors and people disabled by life-threatening illnesses keep and care for their pets. On November 25, guest speakers from City of Hope and Guide Dogs of the Desert visited the San Fernando Valley Division. Mary Koenig from City of Hope described advances in the research and treatment of cancer, diabetes, and other life-threatening diseases. Shai Newman from Guide Dogs of the Desert brought in Garmon, an American Poodle. Mr. Newman explained that while Garmon is being trained to help the blind, the organization also has guide dogs that can assist diabetics by signaling when their blood sugar is low.
“Fill a Backpack”
In August 2014, the Riverside Division participated in the Riverside County Department of Mental Health’s 14th annual “Fill a Backpack” donation drive. As in past years, the Riverside Division staff donated backpacks, lunch boxes, notebooks, pencils, paper, rulers, dictionaries, markers, erasers and general school supplies. Volunteers filled each backpack with $20-$25 in school supplies. Multiple organizations collected the backpacks and distributed them to young people who are receiving mental health services.
Court Events
Judge Barry Russell Federal Practice Awards
On October 2, 2014, the Los Angeles Chapter of the Federal Bar Association hosted the presentation of the annual Judge Barry Russell Federal Practice Award at the Millennium Biltmore Hotel in Los Angeles with approximately 200 people in attendance. Every year, one student from each of the five ABA-accredited law schools in Los Angeles County is selected to receive the award, which recognizes excellence in the study of federal practice or procedure. The recipients are chosen by their law schools. At the lunchtime ceremony, Judge Barry Russell presents each award recipient with a plaque, a $500 check, and an autographed copy of Judge Russell’s Bankruptcy Evidence Manual. This award has been presented for 32 years. For the past 20 years, Dean Erwin Chemerinsky of the University of California at Irvine’s Law School has presented a review of Supreme Court cases following the ceremony.
The 2014 recipients of the Judge Barry Russell Federal Practice Award were Ryan Phillip Patterson from Loyola Law School, Catherine Eschback from Pepperdine School of Law, Steven L. Lundberg from Southwestern Law School, Shane Palmer from the University of California, Los Angeles School of Law, and Narain Kumar from the University of Southern California Gould School of Law.
Lasarow Awards
On November 20, 2014, Public Counsel’s William J. Lasarow Awards presentation was held in the lobby of the Edward R. Roybal Federal Building and U.S. Courthouse in Los Angeles. Public Counsel hosts the annual awards reception to recognize volunteers serving the pro se bankruptcy population throughout the Central District.
Following an opening by Public Counsel’s Supervising Senior Staff Attorney Magdalena Reyes Bordeaux and President and CEO Hernán Vera, Judge Vincent P. Zurzolo gave remarks at the ceremony. Judge Zurzolo spoke about the significance of gratitude, which, he commented, he was surprised to see absent from the list of cardinal virtues. He encouraged the practice of gratitude as a virtue that transcends religion, and thanked the volunteers for their contributions in assisting hundreds of self-represented parties. Echoing Mr. Vera’s and Ms. Bordeaux’s remarks, Judge Zurzolo praised the development of self-help services throughout the Central District. Retired Judge William J. Lasarow, for whom the award was named, also addressed the audience, stating that he was honored to have the award in his name.
Staff members from each of the five organizations operating Self-Help Desks in the Central District presented an award to a volunteer serving their organization. The honorees were: Lindsay McMenamin, Reed Olmstead, Ryan S. Carrigan, Matthew Rosene, and Yi Sun Kim.
Judges Bauer and Klein Administer Oath to New Attorneys
On June 2 and December 4, 2014, Judge Catherine E. Bauer administered the California Bar Attorney’s Oath of Office to newly admitted attorneys from Whittier Law School.
Additionally, on December Judge Sandra R. Klein 2, 2014, administered the oath to the Loyola Law School students who passed the July 2014 bar exam.
Bankruptcy Judges Preside Over Naturalization Ceremonies
Four bankruptcy judges from the Central District presided over naturalization ceremonies in 2014. Judges Sandra R. Klein, Scott C. Clarkson, Neil W. Bason, and Mark D. Houle each led the swearing-in of new citizens in ceremonies throughout the year at the National Orange Show, Los Angeles Convention Center, and Quiet Cannon.
Additionally, on September 18, Judge Klein swore-in new citizens in her hometown of Medford, Massachusetts at the Franeuil Hall.
Court Honors Volunteers During National Pro Bono Celebration Week
On October 20, 2014, the Court hosted a breakfast reception for the pro bono volunteers named in its 2014 Honor Roll, which lists all those who have served with pro bono organizations in the Central District to assist parties in bankruptcy during the past 12 months. Each October, in recognition of volunteers’ service, the Court requests updates to the Honor Roll from pro bono organizations. The updated list is published during the American Bar Association’s annual National Pro Bono Celebration week, which took place this year during the week of October 19.
Chief Judge Peter H. Carroll, Judges Vincent P. Zurzolo, Thomas B. Donovan, Maureen A. Tighe, Sandra R. Klein, and Neil W. Bason, and Executive Officer/Clerk of Court Kathleen J. Campbell mingled with the guests, including volunteers, judiciary staff, and visitors from the U.S. Trustee’s Office. Chief Judge Carroll expressed his appreciation for the service of the pro bono volunteers, and Judge Tighe shared words of inspiration from her recent introduction to Supreme Court Justice Sonia Sotomayor, who also champions pro bono work, emphasizing the impact volunteers have made in the Central District. Volunteers received certificates of recognition, “Celebrate Pro Bono” lapel pins and pens, and copies of the Court’s newly released 2013 pro bono report, Access to Justice: Self-Represented Parties and the Court, where the 2013 Honor Roll also appears.
Speaking Engagements and Programs
Judge Mark S. Wallace Speaks at Financial Lawyers Conference
On January 9, 2014, Judge Mark S. Wallace spoke at the Financial Lawyers Conference program “Bankruptcy Tax Issues: Views from the Bench and Beyond.” The event was held at the Omni Hotel in downtown Los Angeles. Judge Wallace discussed drafting tax sections of disclosure statements, litigating tax claims in bankruptcy court, and Prudential Lines injunctions.
OCBA Hosts “Meet the Judges” Event
On January 29, 2014, the Orange County Bar Association’s (OCBA's) Commercial Law & Bankruptcy Section hosted a “Meet the Judges” event at the Tustin Banquet Center. Judge Scott C. Clarkson moderated the event, interviewing Judges Erithe A. Smith and Mark S. Wallace. Judges Smith and Wallace provided insight into their backgrounds and discussed what led each of them to the bankruptcy bench. The judges also expounded on a few of their pet peeves concerning non-compliance with the Code and Local Rules and discussed certain cyclical trends in bankruptcy case filings. The event was attended by members of the bench, including Judges Theodor C. Albert and Catherine E. Bauer.
Judge Sandra R. Klein Arranges Financial Elder Abuse Program
With the assistance of Public Counsel, Judge Sandra R. Klein and University of California, Los Angeles Ann C. Rosenfield Fellow Julie A. Pollock arranged a financial elder abuse program held on February 3, 2014, at Public Counsel’s office in Los Angeles. The program covered: dealing with psychological burdens of caregiving and caregiver stress, identifying signs of dementia, understanding options for long-term care, legal issues, and caregiver resources in Los Angeles. Speakers included Dr. Donna Benton, Ph.D., Research Assistant Professor of Gerontology at the University of Southern California Davis School of Gerontology, and Janet Morris, Director of the Family Caregiver Project at Bet Tzedek Legal Services and co-author of The Caregiver Companion.
IEBF Hosts “Ask the Judges Night”
On February 4, 2014, Judges Meredith A. Jury, Deborah J. Saltzman, Scott C. Clarkson and Mark D. Houle participated in a panel discussion during the Inland Empire Bankruptcy Forum’s (IEBF’s) “Ask the Judges Night” at the Mission Inn in Riverside, providing an opportunity for attendees to engage in a question and answer dialogue. All attendees were directed to submit questions prior to the event. On the evening of the event, the moderator asked the questions provided by attendees and the panel of judges responded.
Judge Sheri Bluebond Speaks at the Beverly Hills Family Law Study Group
On February 5, 2014, Judge Sheri Bluebond participated in the Beverly Hills Family Law Study Group discussion “When Worlds Collide: Bankruptcy and its Impact on Domestic Relations and Family Law” at McCormick & Schmick’s in Beverly Hills.
Judge Vincent P. Zurzolo Hosts Review of LBR Revisions at Brown Bag
On February 13, 2014, Judge Vincent P. Zurzolo hosted a brown bag lunch discussion about the recent revisions to the Court’s Local Bankruptcy Rules (LBRs) and Court Manual at the Edward R. Roybal Federal Building and U.S. Courthouse. In addition to the substantial number of attorneys and Los Angeles Division staff members in attendance, court staff from the other divisions joined the event by videoconference. Judge Zurzolo reviewed the recent revisions to the LBRs and Court Manual, especially the time- and labor-saving elimination of the requirement for orders to include a Notice of Entered Order and Service List. Judge Zurzolo also provided information about the upcoming changes to the Court’s relief from stay forms as drafted by the Bar Rules Advisory Group, a group of volunteer attorneys representing all aspects of these matters. The discussion concluded with a question and answer period.
Santa Ana Judges Participate in OCBA Panel
On February 27, 2014, Judges Theodor C. Albert, Catherine E. Bauer, and Scott C. Clarkson participated in the Orange County Bar Association (OCBA) program “Meet the Judges, Part 2.” Judge Clarkson moderated the discussion, interviewing Judges Albert and Bauer. The primary purpose of the program was to give bankruptcy attorneys the opportunity to meet the judges. Topics of discussion were prevailing issues in chapters 7, 11, and 13, courtroom advocacy and brief writing, and observations about future trends in the practice of bankruptcy law.
Judge Sheri Bluebond Speaks at the Jonathan Club in Downtown Los Angeles
On March 5, 2014, Judge Sheri Bluebond attended the University of Southern California Gould School of Law 2014 Real Estate Law and Business Forum at the Jonathan Club in downtown Los Angeles. Judge Bluebond participated in a discussion titled “A 5-Year Look-Back: Real Estate Valuation in Workouts and Chapter 11 Bankruptcy Proceedings and Other Valuation Triggering Events.”
"Meet the New Bankruptcy Judges" SBCBA Presentation
On March 6, 2014, the Santa Barbara County Bar Association (SBCBA) hosted the “Meet the New Bankruptcy Judges” presentation in Santa Barbara to introduce Chief Judge Peter H. Carroll and Judge Deborah J. Saltzman to the local area’s bar association. The lunchtime presentation provided attendees with an opportunity to learn about the upcoming transition in the Northern Division.
Judges Tighe, Albert, Neiter, Saltzman, Clarkson, and Bason Attend ABI 22nd Annual Bankruptcy Battleground West
The American Bankruptcy Institute (ABI) held its 22nd Annual Bankruptcy Battleground West on March 11, 2014 at Hyatt Regency Century Plaza in Los Angeles. Judge Scott C. Clarkson, Judicial Chair, participated in the “What’s New? Recent Developments in Business and Municipal Bankruptcies” discussion. The panel presented important recent developments including plan-confirmation issues, chapter 9 controversies from California, Detroit, and beyond, and the latest news on the continuing Stern/Bellingham fights in the Supreme Court and the Circuits. Judges Maureen A. Tighe and Theodor C. Albert moderated the “363: Is It Worth It?” and “Valuation: Is There Anything Else?” panel discussions, respectively. Additionally, Judges Maureen A. Tighe, Theodor C. Albert, Richard M. Neiter, Deborah J. Saltzman, Scott C. Clarkson, and Neil W. Bason judged the “Chapter 11, Soup to Nuts: Hot Topics in Chapter 11 Cases” debate.
Judge Sandra R. Klein Participates in “Women on the Bench” Panel at USC Law School
On March 12, 2014, Bankruptcy Judge Sandra R. Klein, along with Circuit Judge Jacqueline H. Nguyen, District Judge Beverly Reid O’Connell, and Chief Magistrate Judge Suzanne H. Segal, participated in a panel discussion at the University of Southern California Gould School of Law. The panel was part two of a series that featured women judges in the area.
Speaking in a conversational-style panel, the judges answered questions from students about what life is like as a federal judge. In addition to sharing their backgrounds and experience, the judges described their individual philosophies regarding work-life balance and how best to mentor term and career law clerks.
The judges offered several methods for clerks to meet the demands of their position while still maintaining a family life, such as flexible schedules and teleworking. Although each judge had a different philosophy about how to run chambers, they all expressed agreement on one issue: the importance of maintaining harmony amongst clerks during especially difficult work weeks.
Chief Judge Peter H. Carroll Speaks at the State of the Circuit/District
On March 14, 2014, the Los Angeles Chapter of the Federal Bar Association hosted its annual “State of the Circuit/District” luncheon at the DoubleTree Hotel in downtown Los Angeles. The event featured Circuit Judge Paul J. Watford, Chief District Judge George H. King, Chief Magistrate Judge Suzanne H. Segal, and Chief Bankruptcy Judge Peter H. Carroll. Over 200 judges, attorneys, and law clerks were in attendance. During the luncheon, each of the four judges discussed the current state of his or her court, commenting on issues such as budget concerns, newly appointed judges, new and ongoing programs, and strategic plans for the future.
OCBF “Parties Gone Wild” Panel
On March 25, 2014, Judge Neil W. Bason took part in a panel discussion hosted by the Orange County Bankruptcy Forum (OCBF) at the Westin Hotel in Costa Mesa. Approximately 30 people attended “Parties Gone Wild,” which addressed sanctions; alter ego claims, derivative suits, and pari delicto; claims trading; and the importance of good faith in defending avoidance actions. Judge Bason and attorneys Janet Gertz, Kavita Gupta, and Michael Reynolds engaged in a lively discussion, focusing on some of the alter ego topics. The panel also discussed whether actions against third parties could violate the portion of the automatic stay that protects property of the estate, not the debtor. In particular, the panel considered the question: if the bankruptcy estate and a creditor are both seeking recovery from the same assets, does the automatic stay apply, or should an injunction be issued?
Judge Robert N. Kwan Participates in Beverly Hills Bar Association Program
On April 3, 2014, Judge Robert N. Kwan participated in the Beverly Hills Bar Association, Bankruptcy Law Section luncheon program at Lawry’s Restaurant in Beverly Hills. Judge Kwan discussed “Getting Your Fee Application through the Gauntlet of Creditor, Court, and United States Trustee Obligations.”
IEBF Hosts Panel Discussion on Chapter 7 Assets in Riverside
On April 8, 2014, the Inland Empire Bankruptcy Forum (IEBF) hosted a panel discussion regarding disclosed and undisclosed assets in chapter 7 at the Hyatt Place Riverside. Judge Wayne Johnson moderated the discussion and participated on the panel. Other panelists included Chapter 7 Trustee Todd Frealy, Everett Green from the Office of the U.S. Trustee, and attorney and trustee Kavita Gupta.
After dinner, the panel discussed the recent Supreme Court ruling Law v. Siegel and its implications for a trustee’s powers to surcharge a debtor’s exemption when that debtor has committed fraud. Mr. Frealy began with comments about the steps a trustee takes to determine the value of properties and evaluate the potential equity the trustee can tap into for the benefit of the estate. The panel also pointed out some common red flags: understating the value of the home, transferring title of property to a trust, and asserting incorrect exemptions. Then, various hypotheticals involving a debtor and a trustee were posed based on the facts in Law v. Siegel and the panel examined possible outcomes. Members from the audience were engaged and participated by asking follow-up questions.
Judge Deborah J. Saltzman Participates in LABF Dinner Program
On April 9, 2014, Judge Deborah J. Saltzman, joined by Peter M. Gilhuly of Latham & Watkins, LLP and Jeffrey C. Krause of Gibson, Dunn & Crutcher LLP, was a panelist at the Los Angeles Bankruptcy Forum’s (LABF’s) dinner program. Judge Saltzman, Mr. Gilhuly, and Mr. Krause discussed the varying perspectives concerning issues that arise under WARN, FLSA, ERISA, and COBRA in the context of a bankruptcy case during the “Be WARNed! Risks of Liability for Insiders, Secured Lenders and Buyers for Unpaid Employment-Related Claims” program.
Judge Erithe A. Smith Discusses Residential Property Issues at OCBF Program
On April 10, 2014, Judge Erithe A. Smith joined chapter 7 trustees to discuss residential property issues at the Orange County Bankruptcy Forum (OCBF) event “Where’s My Homestead?” Topics included: how the trustees deal with a sale of a residence in light of Jacobson; whether the trustee can obtain a turnover order of proceeds; and whether surcharge is dead after Law v. Siegel.
Judge Sheri Bluebond Speaks to the ABA's Bankruptcy Committee
On April 10, 2014, Judge Sheri Bluebond participated in the “Winning Strategies in Chapter 11 Bankruptcy Sales: Getting the Most Out of the Section 363 Sales Process” discussion hosted by the Bankruptcy Committee of the American Bar Association’s (ABA’s) Business Law Section Committee at the JW Marriott in downtown Los Angeles.
Judge Sheri Bluebond Speaks at L’Ermitage
On April 17, 2014, Judge Sheri Bluebond participated in the “Distressed Real Estate Valuations: Getting the Right Valuation and Convincing the Court It’s Right” discussion hosted by the Southern California chapter of the Turnaround Management Association. Ronald Greenspan, a senior managing director at FTI Consulting, and Jeffrey Krause, a partner at Gibson Dunn & Crutcher, joined Judge Bluebond on the panel held at L’Ermitage in Beverly Hills.
Judges Discuss Case Law and Procedures at OCBA Event
On April 24, 2014, Judges Theodor C. Albert, Catherine E. Bauer, Scott C. Clarkson, and Mark D. Houle were speakers at an Orange County Bar Association (OCBA) panel discussion on the latest developments in bankruptcy case law and court procedures. Additional topics discussed were best practices for creditor claim, student loan, and dischargeability issues. The judges introduced newly revised official forms. Other speakers included Chapter 13 Trustee Amrane Cohen and Assistant U.S. Trustee Michael Hauser.
Judge Sheri Bluebond Speaks to Beverly Hills Bar Association
On April 24, 2014, Judge Sheri Bluebond joined the Bankruptcy Section of the Beverly Hills Bar Association at Lawry’s Restaurant. The group discussed “Avoiding Powers: Preferences, Fraudulent Transfers and Other Such Things.”
Judge Mark S. Wallace Speaks at the ABI’s 32nd Annual Spring Meeting
From April 24 through April 27, 2014, the American Bankruptcy Institute (ABI) held its 32nd Annual Spring Meeting in Washington, D.C. On April 26, Judge Mark S. Wallace joined attorneys Ken Weil from Seattle, Washington and Jeff Sklarz from New Haven, Connecticut to discuss “Preparing for the Metamorphosis: Tax Questions Arising from Changes in Debt from Recourse to Nonrecourse (or vice versa), Bankruptcy Discharges, Anti-Deficiency Statutes and §1111(b).”
Judge Scott C. Clarkson Speaks at Pro Bono Luncheon
On May 14, 2014, Judge Scott C. Clarkson spoke at the Federal Bar Association’s Pro Bono Luncheon. Those in attendance included members of the bar and judges from the district and bankruptcy courts. In his remarks, Judge Clarkson emphasized the critical role that the bankruptcy pro se clinics and the reaffirmation clinics play in ensuring due process for pro se debtors.
Chief Judge Carroll and Judges Ahart, Smith, Bluebond, Tighe, Neiter, Brand, and Houle Participate in the 2014 CBF Annual Conference
On May 14 through May 16, 2014, Chief Judge Peter H. Carroll and Judges Alan M. Ahart, Erithe A. Smith, Sheri Bluebond, Maureen A. Tighe, Richard M. Neiter, Julia W. Brand, and Mark D. Houle participated in panels and roundtable discussions at the 2014 California Bankruptcy Forum (CBF) Annual Conference in Santa Barbara, California. Judge Bluebond hosted the bankruptcy game show “Quotable Quotes.” Chief Judge Carroll served as CBF conference’s judicial liaison for the second year.
Judges Albert and Wallace Address Developments in Chapter 11 Bankruptcy Law
In May and June 2014, Judges Theodor C. Albert and Mark S. Wallace spoke about the latest developments in chapter 11 bankruptcy case law in a two-part Orange County Bar Association program. On May 22, Judge Albert spoke at the first part of the program, focusing on debtor representation in chapter 11 cases. On June 18, Judge Wallace spoke at the program’s second installment, discussing creditor representation in chapter 11 cases.
Judge Mark S. Wallace Speaks at Association of Insolvency and Restructuring Advisors Annual Conference
From June 4 through June 7, 2014, the Association of Insolvency and Restructuring Advisors held its 30th annual conference in Denver, Colorado. Judge Mark S. Wallace joined a panel discussing taxes and small real estate cases.
Judge Mark D. Houle Discusses Attorney Fee Awards
On June 10, 2014, Judge Mark D. Houle, joined by attorneys Michael J. Bujold, Craig Zimmerman, and Brett Ramsaur, was a panelist at the Inland Empire Bankruptcy Forum’s “Attorney Fee Awards for Counsel in Chapter 7, 11, and 13 Proceedings, Secured and Unsecured Creditors and Other Parties in Bankruptcy Proceedings” program. The panel discussed cutting-edge issues related to attorney fee awards.
LABF Judges’ Night
On June 16, 2014, the Los Angeles Bankruptcy Forum (LABF) hosted its annual Judges’ Night program at the Omni Hotel in downtown Los Angeles. The LABF’s yearly program is traditionally well attended, and the 2014 event was no exception. The audience was held in rapt attention by Judges Barry Russell, Sheri Bluebond, Richard M. Neiter, Robert N. Kwan, Deborah J. Saltzman, Scott C. Clarkson, Sandra R. Klein, Julia W. Brand, and incoming Riverside Judge Scott H. Yun. The judges took turns describing cases they found to be of particular interest or importance. Judge Bluebond guided the discussion as moderator.
Judge Meredith A. Jury Speaks at cdcbaa
On July 19, 2014, Judge Meredith A. Jury, joined by Circuit Judge Richard Paez, Professor John A.E. Pottow from University of Michigan School of Law, and M. Jonathan Hayes, Esq., participated in the “In re Bellingham: From the Insiders” discussion at Southwestern Law School in Los Angeles. The discussion was part of the Central District Consumer Bankruptcy Attorney Association’s (cdcbaa’s) First Annual James T. King Bankruptcy Symposium.
Judges Bason and Zive Join Panels at Fourth ABI Bankruptcy Workshop
On August 16, 2014, Judges Neil W. Bason and Gregg W. Zive participated in panel discussions at the American Bankruptcy Institute’s (ABI’s) Fourth Bankruptcy Workshop. Judge Bason joined bankruptcy attorneys Kenneth H. Brown, Simon Klevansky, and Lynnette R. Warman on the “Bankruptcy Litigation and Supreme Court Update” panel, moderated by attorney Rudy J. Cerone. Judge Zive discussed “Ethics in Bankruptcy” with attorneys Edward T. Gavin, Richardo I. Kilpatrick, Ted N. Pettit, and moderator James Patrick Shea.
Judges Russell, Klein, and Zive Speak at 22nd Annual Southwest Bankruptcy Conference
Judges Barry Russell, Sandra R. Klein, and Gregg W. Zive spoke at the American Bankruptcy Institute’s 22nd Annual Southwest Bankruptcy Conference, held in Las Vegas, Nevada from September 5 through September 7, 2014. On morning of September 5, Judge Zive, who sits on the conference’s advisory board, discussed “Current Developments in Business Bankruptcy” with bankruptcy attorneys Peter J. Gurfein, Cecily A. Dumas, and Robert L. Eisenbach, III. The panel reviewed “issues ranging from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.” That afternoon, Judge Russell brought his considerable expertise to the “Anatomy of Evidentiary Proceedings” luncheon program, where he reviewed the rules of evidence with attorneys James Patrick Shea, R. Scott Williams, Robin E. Phelan, and Michael P. Richman. During the conference’s plenary session “Ethics: Professionalism” Judge Klein discussed professional conduct with attorneys Steven M. Berman and Edward T. Gavin.
Judge Sandra R. Klein Addresses New Citizens
On September 18, 2014, as a part of Constitution Day and Citizenship Day, Judge Sandra R. Klein addressed 315 new citizens during a naturalization ceremony at Faneuil Hall in her hometown of Medford, Massachusetts. Judge Klein reminded the new citizens of all of the privileges and freedoms they will enjoy as citizens, including the freedom of religion and the freedom of speech. She noted that regardless of where the new citizens came from, or what ethnicity they might be, if they work hard and persevere, the opportunities available to them, their children and their grandchildren would be limitless.
During her remarks, Judge Klein quoted a number of American presidents, including President John F. Kennedy, who stated, “Immigrants have enriched and strengthened the fabric of American life.” She concluded with the prophetic words of President John Quincy Adams: “You will never know how much it cost my generation to preserve your freedom. I hope you will make good use of it.”
Judge Catherine E. Bauer Speaks at Co-Sponsored Bankruptcy Forum and Law School Event
The Orange County Bankruptcy Forum and Chapman University Fowler School of Law co-sponsored “Let’s Make a Deal!” on September 20, 2014. Judge Catherine E. Bauer spoke on the topic of “Mediation and Negotiation: Tips and Techniques from Experts.” The event was held at Chapman University School of Law.
Judges Albert and Wallace Participate in the OCBA September Meeting
On September 24, 2014, Judges Theodor C. Albert and Mark S. Wallace participated in the Orange County Bar Association (OCBA), Commercial Law and Bankruptcy Section’s September Meeting at the Hilton Orange County in Costa Mesa. Founding Dean and Distinguished Professor from the University of California Irvine School of Law, Erwin Cherminsky, discussed “The Supreme Court and the Future of Bankruptcy” in light of the Supreme Court decisions in In re Bellingham and Stern v. Marshall. Judges Albert and Wallace provided commentary and answered questions from the audience.
Judge Sheri Bluebond Participates in LABF’s Dinner Program
On October 6, 2014, Judge Sheri Bluebond participated in the Los Angeles Bankruptcy Forum’s (LABF’s) 25th anniversary dinner program at the Omni Hotel in downtown Los Angeles. In a special presentation, Judge Bluebond discussed the state of the Court and what to expect in the coming year. Other panelists included Howard M. Ehrenberg of SulmeyerKupetz, Brian Osborne of Rust Omni, and Mark S. Shinderman of Milbank, Tweed, Hadley & McCloy.
Judges Klein and Tighe Present Bankruptcy 101
On October 15, 2014, Judges Maureen A. Tighe and Sandra R. Klein presented “Bankruptcy 101 and the Resources Provided by the Court” to the WISE & Healthy Aging Financial Abuse Specialist Team (FAST) in Monterey Park. FAST is a multi-disciplinary group of professionals who investigate elder abuse or provide services to victims. Attendees included Adult Protective Services, ombudsmen, law enforcement, attorneys from the district attorney and city attorney offices, bank investigators, victim witness assistance, legal aid, and case managers. This team is included in a study the Library of Congress is conducting on teams that focus on financial abuse and exploitation. A few of their researchers were at the meeting to interview the FAST team that same day.
Judge Scott C. Clarkson Participates in Brown Bag Educational Program
On October 16, 2014, a brown bag program titled “The Unscheduled Lawsuit” was sponsored by the Orange County Bankruptcy Forum. Judge Clarkson spoke at the program, held in the Ronald Reagan Federal Building. The topics were: When is a debtor’s claim property of the estate? Can the debtor prosecute an unscheduled claim lawsuit? If the debtor is barred from proceeding with this lawsuit, can he “fix” the problem?Judges Smith, Albert, Bauer, Saltzman, Clarkson and Yun Speak at OCBF Judges’ Night
On October 23, 2014, approximately 70 members of the Orange County bankruptcy bar attended the Orange County Bankruptcy Forum’s (OCBF’s) annual judges’ night event. Held at the Westin Hotel in Costa Mesa, the panel discussion was titled “Judges’ Night: Differing Perspectives on Important Legal Issues” and moderated by Jess Bressi.
The panel, comprised of Judges Erithe A. Smith, Theodor C. Albert, Catherine E. Bauer, Deborah J. Saltzman, Scott C. Clarkson, and Scott H. Yun, discussed jurisdictional issues after Stern v. Marshall, the fate of pensions and healthcare benefits in municipal bankruptcies, trustee and consumer issues, mortgage strip-offs in chapter 7 and “chapter 20” cases, issues in asset sales, and other issues. The judges also engaged in a spirited debate regarding trustee compensation in connection with short sales and carve-outs in chapter 7 cases.
IEBF Hosts Evening with Judge Scott H. Yun and Staff
On November 4, 2014, the Inland Empire Bankruptcy Forum (IEBF) hosted an evening with Judge Scott H. Yun and his staff at the Hyatt Place Riverside. After dinner, “a spirited discussion of hot topics in consumer chapter 7 proceedings” took place with Judges Scott H. Yun and Meredith A. Jury, Chapter 7 Trustee Todd A. Frealy, Esq., and attorney Jenny L. Doling. The panel discussed the ability of trustees to sell over-encumbered assets, protect homestead exemptions, proper service of lien avoidance motions, and the unbundling of legal services.
Judge Julia W. Brand Discusses Settlement Agreements
On November 4, 2014, Judge Julia W. Brand, joined by attorneys Stella Havkin, Raymond H. Aver, and Christian Cooper, participated in Public Counsel’s “Settlement Agreements: What You Need to Know For State and Bankruptcy Courts” discussion. The program was moderated by Christian Cooper of Public Counsel and co-sponsored by Central District Consumer Bankruptcy Attorney Association (cdcbaa) and the Court.
Judge Robert N. Kwan Speaks at the California Tax Bar & the California Tax Policy Conference
The 2014 Annual Meeting of the California Tax Bar & the California Tax Policy Conference was held at the Loews Coronado Bay in San Diego from November 6 through November 8, 2014. Bankruptcy Judge Robert N. Kwan was among the prestigious speakers and attendees. On November 8, Judge Kwan, joined by U.S. Court of Federal Claims Judge Francis M. Allegra, U.S. Tax Court Judge Peter J. Panuthos, Craig Houghton of Baker Manock & Jensen, PC, and Haleh Naimi of Advocate Solutions, discussed the relative merits of litigating a case involving a taxpayer’s liability for federal tax in the four different courts that are available to taxpayers.
Judge Scott C. Clarkson Speaks at 11th Annual Bankruptcy Ethics Symposium
On November 21, 2014, Judge Scott C. Clarkson, joined by Professor of Law Nancy B. Rapoport and attorneys Stella A. Havkin, Ariel Leichter-Maroko, J. Scott Bovitz, M. Erik Clark, Leon D. Bayer, and Gillian N. Brown, participated in the Los Angeles Chapter of the Federal Bar Association’s 11th Annual Bankruptcy Ethics Symposium. The panel discussed “Best Practices for Small Law Firms with Limited Budgets: E-mail, Protocol and Disclaimers; Client Intake Sheets and Other Client, Communications; Office Procedures; Record Keeping and Destruction; Resources; Electronic Filing Nightmares; and Appearance Counsel,” “Representing Spouses in Bankruptcy: Beware of Ethical Land Mines and Conflicts,” and “An Ethics Conversation with Professor Nancy B. Rapoport” at the Edward R. Roybal Federal Building and U.S. Courthouse in Los Angeles.
Judges Smith, Albert, Bauer, Wallace, and Clarkson Attend Judges’ Night Hosted by the OCBF and OCBA
On December 3, 2014, Judges Erithe A. Smith, Theodor C. Albert, Catherine E. Bauer, Mark S. Wallace, and Scott C. Clarkson attended a Judges’ Night program hosted by the Orange County Bankruptcy Forum (OCBF) and the Orange County Bar Association (OCBA) held at Andrei’s Restaurant in Irvine, California. Retired Judge John E. Ryan presented the Peter M. Elliott Award to attorney Donald W. Sieveke. The event also raised donations for Armed Services YMCA at Camp Pendleton.
Judges Tighe, Kwan, and Brand Participate in ABI’s 26th Annual Winter Leadership Conference
The American Bankruptcy Institute (ABI) hosted its 26th Annual Winter Leadership Conference from December 4 through December 6, 2014 in La Quinta. On December 5, Judge Julia W. Brand joined a panel to discuss “Best Practices in Oral and Written Advocacy from the Perspective of New Judges” and Judge Robert N. Kwan participated in the “Resolving Tax Issues in Bankruptcy Court” panel discussion. Also, Judge Maureen A. Tighe participated in the “Individual Chapter 11 Confirmation Mock Hearing” on December 6.
LABF Honors Judge Alan M. Ahart at Annual Holiday Party
On December 8, 2014, at the Los Angeles Bankruptcy Forum’s (LABF’s) Annual Holiday Party, a tribute was paid to Judge Alan M. Ahart for his retirement after almost 27 years on the bench. The event was held at Mr. C Beverly Hills in Los Angeles and co-sponsored by the Financial Lawyers Conference, Central District Consumer Bankruptcy Attorney Association (cdcbaa), Turnaround Management Association SoCal, the Bankruptcy Section of the Beverly Hills Bar Association, and the Commercial Law and Bankruptcy Sections of the Los Angeles County Bar Association.
Judges Vincent P. Zurzolo, Sheri Bluebond, Maureen A. Tighe, Richard M. Neiter, Robert N. Kwan, Catherine E. Bauer, Scott C. Clarkson, Sandra R. Klein, Julia W. Brand, Scott H. Yun, Geraldine Mund, and Executive Officer/Clerk of Court Kathleen J. Campbell attended the gala that included former and current law clerks, court staff, attorneys, staff from the U.S. Trustee’s Office, accountants and numerous bankruptcy and insolvency professionals. John N. Tedford IV, partner at Danning, Gill, Diamond & Kollitz, LLP and former law clerk to Judge Ahart, presented Judge Ahart with a memento on behalf of all the sponsoring organizations, as recognition of his contribution to the legal community. Judges Mund and Zurzolo delivered heartfelt speeches that highlighted Judge Ahart as a well-respected colleague and member of the Judiciary. In his closing “thank you” speech, Judge Ahart thanked Congress for authorizing the judgeship position in 1988, the U.S. Court of Appeals for the Ninth Circuit that appointed him, his wife and family, externs and law clerks, and the bar.
Judge Ahart was appointed on April 4, 1988 and reappointed on April 4, 2002. He is retiring effective January 2, 2015 but will serve as a recalled bankruptcy judge beginning on January 3, 2015.
Clerk’s Office Staff Facilitates LALSA and SFVLSA Presentations
On May 20, 2014, Lead Courtroom Services Deputy Wendy Jackson and Team Leader Sharon Sampson addressed the Los Angeles Legal Secretaries Association (LALSA). Ms. Jackson and Ms. Sampson provided a well-informed presentation on basic Local Bankruptcy Rules, including tips to avoid rejected orders, as well as Case Management/Electronic Case Files (CM/ECF) tips for filing documents. The event, held at Taix French Restaurant in Los Angeles, was thoroughly enjoyed by approximately 25 legal secretaries. Leaders of the San Fernando Valley Legal Secretaries Association (SFVLSA) were also present at the LALSA Meeting and asked staff to attend a meeting of the SFVLSA to provide the same presentation.
On August 12, 2014, Ms. Jackson and Ms. Sampson made the same presentation to the SFVLSA at Il Tiramisù Ristorante in Sherman Oaks. More than 20 legal secretaries from the SFVLSA chapter attended the presentation on bankruptcy tips and tricks and avoiding rejection of orders and other documents. Like the legal secretaries of LALSA, the SFVLSA chapter was grateful to the presenters and enjoyed meeting bankruptcy court employees in person. Ms. Jackson and Ms. Sampson were extremely proud to play their part in meeting the goals of the Court’s new Strategic Plan, Issue Five: Public Understanding, Trust, and Confidence.
Clerk’s Office Staff Shares Information with the NALS of Orange County
Operations Supervisor Gloria Allen and Courtroom Deputy Tina Duarte spoke at a meeting of the National Association of Legal Secretaries (NALS) of Orange County. NALS is dedicated to enhancing the competencies and contributions of members in the legal services profession.
The night began with dinner and member introductions. After dinner, Ms. Allen and Ms. Duarte provided information regarding current Local Bankruptcy Rules changes and additions, including the elimination of the Notice of Entered Order and Service List, reminded the legal professionals about the use of Quick Response (QR) codes, and Ms. Duarte demonstrated how to download courtroom calendars.
Ms. Allen and Ms. Duarte were grateful for the opportunity to provide the legal community with updates and tips.