Bankruptcy Dog

 

This is a calendar of events of interest to Los Angeles bankruptcy professionals. The Los Angeles Bankruptcy Forum is a proud sponsor of bankruptcydog.com. If you would like an event to be posted on "the dog," please send your announcement to J. Scott Bovitz. Include the link to the registration page on your group's web site. Thank you.

 

Exhibit 5: Quarantined -- from the dog park.

 

Peter C. Anderson's March 30, 2020 note on 341(a) examinations:

To Everyone,

Chapter 11 Meetings of Creditors have never been postponed and are ongoing. Chapter 7 and Chapter 13 Meetings of Creditors although briefly postponed, will re-commence beginning April 13, 2020 (unless I am notified otherwise). All Meetings are telephonic only. There are no in-person Meetings. Attached is the Instruction Information for telephonic Meetings. In addition, [here] are all of the teleconference telephone numbers and passcodes for all of the lines.

Los Angeles
Riverside
Santa Ana
Woodland Hills, Santa Barbara

As you know, all U. S. Trustee staff continue to work and are doing so remotely. The best way to reach folks is by email. So, email applicable staff if you need help. Be safe and be well. Peter

Peter C. Anderson
United States Trustee (Region 16)
915 Wilshire Boulevard, Suite 1850
Los Angeles, CA 90017
Peter.C.Anderson@usdoj.gov
(213) 894-0405

 

K. John Shaffer circulated the CARES Act provisions that relate to bankruptcy. Something for everbody, indeed.

 

Here is the substance of General Order 20-03 dated March 23, 2020:

1. The deadline set under Federal Rule of Bankruptcy Procedure 1007 for debtors
in a Chapter 7 case to file the personal financial management course completion statement
required by Federal Rule of Bankruptcy Procedure 1007(b)(7) shall be extended, and the 60 day
time period set therein shall begin on the newly established date to commence the meeting of
creditors (the “reset date”), provided that if the meeting is subsequently reset by the United
States Trustee and/or order of the Court, such period will begin on the last date to which such
meeting is reset;

2. The deadline set under Federal Rule of Bankruptcy Procedure 1017(e) for United
States Trustee to file a motion to dismiss for abuse shall be extended, and the 60 day time
period set therein shall begin on the reset date for the meeting of creditors, provided that if the
meeting is subsequently reset by the United States Trustee and/or order of the Court, such
period will begin on the last date to which such meeting is reset;

3. The deadline set under Federal Rule of Bankruptcy Procedure 2003(a) setting
deadlines for holding § 341 meetings shall be extended as follows: in a chapter 7 liquidation
case the deadline for the initial meeting of creditors to take place shall be extended from 40
days after the order for relief to a later date to be determined. In a chapter 12 case, the
deadline for the initial meeting of creditors to take place shall be extended from 35 days after
the order for relief to a later date to be determined. In a chapter 13 case, the deadline for the
initial meeting of creditors to take place shall be extended from 50 days after the order for relief
to a later date to be determined;

4. The deadline set under Federal Rule of Bankruptcy Procedure 4004(a) for
objections to the debtor’s discharge shall be extended, and the 60 day time period set therein
shall begin on the reset date for the meeting of creditors, provided that if the meeting is
subsequently reset by the United States Trustee and/or order of the Court, such period will
begin on the last date to which such meeting is reset;

5. The deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a
complaint as to the dischargeability of certain debts under § 523(c) shall be extended, and the
60 day time period set therein shall begin on the reset date for the meeting of creditors,
provided that if the meeting is subsequently reset by the United States Trustee and/or order of
the Court, such period will begin on the last date to which such meeting is reset;

6. The deadline set under Federal Rule of Bankruptcy Procedure 4008(a) for filing a
reaffirmation agreement shall be extended, and the 60 day time period set therein shall begin on
the reset date for the meeting of creditors, provided that if the meeting is subsequently reset by
the United States Trustee and/or order of the Court, such period will begin on the last date to
which such meeting is reset; and,

7. The deadline under 11 U.S.C. § 1308(a) for filing tax returns shall be extended
such that the deadline shall be the day before the initial reset date for the meeting of creditors,
and the deadlines under 11 U.S.C. § 521(e) and Local Bankruptcy Rule 3015-1 (b), (c), (e), (k)
and (m) for filing documents, for submission of documents and for submission of plan payments
to the Chapter 13 trustee shall be based on the first reset date for the meeting of creditors.

 

Here is General Order 20-02 dated March 19, 2020. The dog reports that several attorneys have commented favorably on the mandatory telephonic appearances, waiver of judges' copies, and abandonment of the wet ink signature rules. Excerpts follow:

1. Telephonic appearances are mandatory, except for trials and other evidentiary hearings through April 30, 2020, unless otherwise ordered by the court. All parties are required to appear by telephone at all hearings that  require an appearance, except trials and other evidentiary hearings unless otherwise ordered by the court due to an unusual circumstance. There will be no physical access to any courtroom without the specific permission of the  presiding judge. Instructions for telephonic appearances are posted on the Bankruptcy Court’s website (www.cacb.uscourts.gov) and there will be no  cost for parties not represented by an attorney. For any evidentiary hearings, including trials, special procedures will be implemented by each presiding judge on a case-by-case basis, and if the evidentiary hearing is continued then notice will be provided to the parties. Parties may make requests for continuances consistent with each presiding judge’s usual requirements.

2. Any person who has shown up at the courtroom but not been able to get in or has attempted to appear by telephone, but has been unable, may seek reconsideration by the presiding judge under Rule 7052, 9023, or 9024 (Fed. R. Bankr. P.) or any other applicable rule. Parties must contact the chambers of the presiding judge within 24 hours after the hearing to notify the judge of the difficulty attending the hearing and state that reconsideration will be sought. There is no change to currently calendared motions or applications except for the above. Other than the above, and unless ordered by the presiding judge, there is no change to other procedures including but not limited to applications for emergency injunctive relief, orders shortening time, and hearings on Chapter 11 “First Day” motions.


3. Chapter 13. The court recommends consulting each individual Chapter 13 Trustee website for any special instructions related to pending Chapter 13 cases. The Chapter 13 calendars will continue to be held under the above
procedures but additional procedures are being implemented by each trustee to obtain records and payments without personal contact.

4. Judges’ or courtesy copies. Except for documents over 25 pages, including exhibits, the requirement to deliver judges’ copies of documents to chambers (LBR 5005-2(d)) is temporarily suspended – including delivery via U.S. mail, personal delivery, or any other means. Documents over 25 pages should still be provided either through the mail or in supplied drop boxes. Parties are reminded, however, that the judge and chambers’ staff do not receive electronic notices of filings, and therefore, (a) for documents that are filed late, and (b) for matters that are not either (i) set for hearing, or (ii) the subject of an electronically uploaded order (LOU), parties must contact the chambers of the presiding judge and advise chambers of the filing. Messages will be regularly retrieved from the judge’s chambers phone.

5. Mediations. All mediations conducted by a judge of this court are suspended through April 30, 2020 absent a specific order and agreement by all to proceed telephonically. Mediations with private mediators may be continued upon consultation with the assigned mediator but will be in the discretion of the mediator as to how to proceed.

6. Cash. The Clerk of Court is specifically authorized to decide at any time that no cash will be accepted at any filing window or received in the mail or at any drop box, should one be implemented. Parties may pay any filing fee with a certified cashier’s check or postal money order if they cannot comply with the CM/ECF fee filing requirements.

7. Signatures. Local Bankruptcy Rule 9011-1 does not require in person contact as it permits an attorney to receive a signature page by electronic means. Nothing in the rule precludes the filing of a signature page that has been received by facsimile, pdf, text or photo. This signature can be filed separately in whatever format is reasonably possible so that there is a clear indication that the signer has read and is signing the actual document filed.

a. In light of the difficulty of obtaining any paper files during this emergency, the requirement of LBR 9011-1(d) to maintain a wet signature for 5 years is temporarily suspended and the attorney should maintain the electronic transmission of the client to file the document in whatever format is reasonable at this time.

b. If there is a situation where a client cannot transmit a signature electronically either due to lack of required technology or internet access, etc., the attorney should so explain the circumstances with the filing, verify that permission was obtained from the client to sign the document on their behalf, and obtain the signature as soon as possible after the filing through another means.

8. These provisions are temporary and may be vacated, amended or extended as necessary.

 

A note from the chief bankruptcy judge, Hon. Maureen A. Tighe:

We are being very active in figuring out how best to keep court operations running as smoothly and fairly as possible while keeping the public and our staff as safe as possible during this crisis. We are acutely aware of how necessary the bankruptcy court is at such a time. 

We hope to get out more comprehensive guidance soon. For now, please continue checking the court and individual judge’s web pages for updates. No courtesy or judges copies of pleadings are required at this time – just file things electronically.

Voluntary or mandatory telephonic access is available to all judges’ hearings for non-evidentiary matters (absent a specific order of the court on a specific case) through either CourtCall or a conference line provided by the judge on the judge’s instructions page. Matters will be decided on the papers where possible as well.

Via the Orange County Bankruptcy Forum.

 

March and April events:

All 18 events -- canceled. The dog is not kidding.

 

May 7 dinner:

Financial Lawyers Conference. Jeffrey S. Turner Memorial Commercial Law Update.

 

May 15-17, 2020:

California Bankruptcy Forum. 32nd Annual Insolvency Conference. Santa Barbara. Here is a March 25 statement from the president of CBF:

California Bankruptcy Forum Statement on COVID-19 Virus - March 25, 2020

The California Bankruptcy Forum continues to monitor and recognize the concern of its members and attendees currently registered or considering attendance at the 32nd Annual Insolvency Conference on calendar for May 15-17, 2020, in Santa Barbara. We recognize that COVID-19 is a serious issue for everyone, especially when it comes to travel and events. The safety of our members and all participants remains our highest priority.

On Thursday, March 19, 2020, California Governor Gavin Newsom ordered all individuals living in the State of California to stay home or at their place of residence in order to mitigate the impact of COVID-19, except for those employed by companies that perform essential functions. Gatherings of 10 or more people continue to be prohibited, and social distancing measures requiring people to maintain six feet of distance between each other remain in effect until further notice (see order here).

We are in active negotiations with The Ritz-Carlton Bacara, site of the May Insolvency Conference, and our insurance carrier to determine our next steps.

The CBF Board of Directors continues to assess the situation and is weighing all options. Again, our first and foremost priority is to ensure the health and safety of all our members. Secondarily, we need to navigate this situation to try and achieve the least damaging fiscal outcome for the organization and attendees. Sensitive and highly important event negotiations are being undertaken and decisions regarding the May 15-17, 2020, Conference will be communicated as soon as possible.

We will continue to provide you with notice of any significant updates and resources by e-mail, and on our website. We appreciate your patience as the hotel and insurance companies work through the upcoming group bookings in event date order as the government rolls forward their “shelter until dates.”

If you have additional questions or comments, please contact Deborah Kincade, CBF Conference Planner, at 949/497-3673 x 1200 or by email at dkincade@jbsmgmt.com. Thank you.

D. Edward Hays
President
California Bankruptcy Forum

 

June 4 dinner:

Financial Lawyers Conference. George M. Treister Memorial Bankruptcy Law Update.

 

June 11-13 convention:

California Lawyers Association. Solo and Small Firm Summit. Huntington Beach.

 

July 20 movie club:

Every now and then, members of the Monday Night Lawyer Movie Club Unless It's On Tuesday gather for a bite (usually at a restaurant at LA Live, next to Staples Center, 800 West Olympic Boulevard) and watch the latest film at the Regal Cinema (also at LA Live, 1000 West Olympic Boulevard, Los Angeles). For upcoming film selections, dates, and times, visit bankruptcydog.com or send a note to bovitz@bovitz-spitzer.com. (The dog's favorite legal film is The Lincoln Lawyer -- just in case the dog doesn't make it past June.)

 

September 3-5, 2020 seminar:

American Bankrupty Institute. Southwest Bankruptcy Conference. Rancho Palos Verdes (Terranea).

 

October 13-17, 2020 conference:

National Conference of Bankruptcy Judges. San Diego (Marriott Marquis).

 

November 20 ethics seminar:

Federal Bar Association, 17th Annual Bankruptcy Ethics Symposium. Los Angeles (Roybal).

 

October 5-9, 2021 conference:

National Conference of Bankruptcy Judges. Indianapolis (J.W. Marriott).

 

May 20-22, 2022:

California Bankruptcy Forum. 33rd Annual Insolvency Conference. Monterey.

 

October 18-22, 2022 conference:

National Conference of Bankruptcy Judges. Orlando (Marriott World Center).

 

May 19-21, 2023:

California Bankruptcy Forum. 34th Annual Insolvency Conference. La Quinta.

 

October 10-14, 2023 conference:

National Conference of Bankruptcy Judges. Austin (J.W. Marriott).

 

September 17-19, 2024 conference:

National Conference of Bankruptcy Judges. Seattle (Hyatt Regency Seattle).

 

September 16-19, 2025 conference:

National Conference of Bankruptcy Judges. Chicago (Marriott Marquis Chicago).