The Marin Lawyer. The Marin Lawyer. An Official Publication of the County Bar Association An Official Publication of the Marin County Bar Association

Size: px
Start display at page:

Download "The Marin Lawyer. The Marin Lawyer. An Official Publication of the County Bar Association An Official Publication of the Marin County Bar Association"

Transcription

1 The Lawyer The Marin Lawyer An Official Publication of the County Bar Association An Official Publication of the Marin County Bar Association July 2007 Volume 38, Issue 7 Past President Matt White tunes up his swing! (Photo from last year.) Todd Hedin, Deborah Breiner, and Past Presidents Matt White and Peter Mitchell get ready for the big game! (Photo from last year.) In This Issue President s Message... 2 Feduniak v. California...3 Legal Aid of Marin... 4 Law Day Event in the News - Again... 5 Allocating Risk... 6 Doing Something to Prevent Teen DUI s. 7 Spotlight on Elizabeth Brekhus... 8 The Hidden Lesson of Drybread... 9 Jury Verdicts Inflation Increases 2007 Income Limits..11 Calendar Details New Members/Change of Scene The Marketplace Jordan A. Lavinsky was guest editor of this issue of The Marin Lawyer. Philip R. Diamond is Series Editor for GENERAL MEMBERSHIP MEETING THE MCBA AND THE FAMILY LAW SECTION CELEBRATE SUMMER TOGETHER Join us For Food, Softball and Fun! Have you been biding your time all year, waiting to find yourself in a setting in which it is appropriate to throw something at the lawyer on the other side of your case? Now is your chance! For our July general membership meeting we will be celebrating summer with music by our local attorney talent and playing softball at Piper Park in Larkspur on SUNDAY, July 15. There will be good company, great food, burgers veggie and beef, hot dogs, salads, and all of the fixings, and plenty of refreshments, including beer and wine. This free event is co-sponsored by the MCBA and the family law section. The festivities start at 12:30 and will go until 4:00 P.M. Please RSVP so we have enough food, see page 2. The MCBA softball game and picnic was a very fun event last year; you definitely don t want to miss this one! (Continued on page 13.) Calendar of Events July 15th Look for details each month in The Marin Lawyer TENANT BANKRUPTCIES: A Few Things Landlords Should Know By Jordan A. Lavinsky, Esq.* Landlords have special issues when tenants file for bankruptcy, and also special rights. Understanding the basics of how a tenant bankruptcy affects a landlord s rights under a lease can help protect vital real estate interests, and obtain the protections the law has provided for landlords. The Automatic Stay The automatic stay takes effect upon the filing of a bankruptcy petition to freeze the status quo as of that date. The scope of the stay is very broad; it Annual Picnic/Softball Game Piper Park, Larkspur 12:30 4 pm July 18th Probate & Estate Planning Section Meeting 12 1:30 pm July 19th Real Property Section Meeting 12 1:30 pm July 23rd Probate & Trusts Mentor Group 12-1:30 pm

2 PRESIDENT S MESSAGE The Kaizen of the MCBA By Jeffrey H. Lerman You cannot improve what you do not measure Anonymous Are we there yet? Every child who ever lived Within the last couple of months, an astonishing piece of news was reported: Toyota has finally overtaken General Motors as the world s largest vehicle manufacturer. What does that have to do with MCBA? Over 50 years ago, in the aftermath of World War II, Toyota was struggling, as was most of Japanese industry. At that same time, American W. Edwards Deming happened to be working in Japan with the U.S. Government on a project. While he was there, Deming s expertise in quality control techniques, combined with his involvement in Japanese society, led to his receiving an invitation to work as part of the Japanese industry s rebuilding effort. His profound, innovative concepts are generally credited with sparking Toyota s remarkable rise to its present-day success. The Japanese gave Deming s quality-control strategies a name: Kaizen. Strictly interpreted, it means change for the better or improvement. The English translation is continuous improvement or continual improvement. Of course, to improve continually is a basic human drive. Famous psychologist Abraham Maslow called it selfactualization or the instinctual need of humans to make the most of their abilities and to strive to be the best they can. As I sat on the Board of Directors year after year, and went to annual retreat after annual retreat, I often wondered How do we know if we re successful? How do we know if we re getting better? How is Kaizen being applied in MCBA? Are we, as an association, striving to be the best we can? Or, as every child s pure curiosity articulates it most eloquently: Are we there yet? And so, when we embarked at this last annual retreat upon our ambitious project to create a 3-year strategic plan for MCBA, I knew the hardest part was not going to be coming up with great ideas. Every Board I have participated in at every annual retreat has done that and then some. The challenge, I knew, would be to implement as many of those good ideas in as organized and strategic a fashion as possible to achieve meaningful progress for MCBA. The answer to that challenge, in part, is benchmarking. What is benchmarking? Benchmarking for nonprofits is generally and simply defined as a process for measuring and improving performance. Accordingly, the next-to-final and perhaps most important component of creating MCBA s strategic plan is this benchmarking process to determine by what yardstick we want to measure our performance in future years. How do we know if we are successful? How do we define success for MCBA? How do we quantify success? What do we measure? What is our baseline measurement? What is a reasonable goal for improvement and over what period of time? Those simple, yet powerful, questions have been the focus of hours of thoughtful discussion and debate among the MCBA Strategic Planning Committee over the past few months. We have challenged each other to derive meaningful answers for each of the five goals that drive our strategic plan: (i) to preserve and expand MCBA membership; (ii) to foster connection and a sense of community among MCBA members; (iii) to enhance MCBA s service and visibility in the Marin community; (iv) to strengthen the bench-bar relationship, and (v) to build the Board s governance capacity and implementing the strategic plan. We are on the verge of completing this process and finalizing the benchmarking barometers by which we will be measuring our success for years to come. Before we do, I solicit your input. How would you measure whether MCBA has been successful in its ongoing effort to achieve each or any of the above five strategic planning goals? Please send your thoughts to: RESERVATION FORM General Membership Picnic Number of adults attending, Number of kids and ages Piper Park, 250 Doherty Drive, Larkspur, on Sunday, July 15, 2006: 12:30-4 p.m. Name or Firm Name: Phone: 2 Please, we must have RSVP s by July 12, 2007 Mail to: MCBA, 30 North San Pedro Road, Ste. 140, San Rafael

3 Feduniak v. California Coastal Commission: The Coastal Commission Gets A Mulligan On Its Longstanding Failure To Enforce Violations Of Permit Conditions By Thomas B. Brown* Introduction Imagine the following nightmare scenario: You buy a beautiful beachfront home along the famous 17 Mile Drive in the Asilomar Dunes area of Pebble Beach in Monterey County. Not only does the property enjoy a stunning ocean view, it also has a challenging three-hole pitch-and-putt golf course surrounding the house that was installed by the folks who sold you the property years before you bought it. You are in heaven. You are, that is, until a representative from the California Coastal Commission comes to the door and informs you that your golf course is illegal because when the Commission gave the previous owners a permit to rebuild the house 19 years earlier, it did so upon the condition that they restore the surrounding dune areas with native dune vegetation. Even though you did not install the course or personally violate the condition, the Commission nevertheless orders you to remove the course and restore the dune habitat. Your beachfront heaven has become a Kafka-esque administrative hell. Broad Public Interests May Not Be Defeated By An Agency s Failure To Enforce Those Laws Over Time. The Court of Appeal held that the Feduniaks could not establish the three elements essential to the application of equitable estoppel against the commission: First, the Commission neither knew nor should have known that the golf course violated the permit conditions before the owners purchased the property. The Commission's regulatory inaction for years in the face of a prominently located golf course did not, by itself, constitute constructive knowledge of the violation. Second, the evidence also did not show that the Commission intended for the owners to rely on its failure to enforce the restrictions over the years, or that the owners reasonably could have believed that the Commission intended its regulatory inaction. Finally, the injustice to the owners was of insufficient dimension to justify the effect upon public interest if estoppel were applied. The owners' individual loss of enjoyment could not outweigh the public's strong interest in: (1) eliminating ongoing unpermitted development; (2) restoring the area to its natural state and native vegetation; and (3) protecting the Commission's ability to enforce (Continued on page 14.) That is exactly what befell the Feduniaks, the plaintiffs in a recent decision by the Sixth District Court of Appeal. Feduniak v. California Coastal Commission (2007) 148 Cal.App.4th Faced with the prospect of complying with an expensive cease-and-desist order by the Coastal Commission, the attendant loss of a favorite amenity, and a sharp reduction in the value of their property, the Feduniaks sued. Their legal theory, though framed in terms of the somewhat esoteric doctrine of equitable estoppel, was simple. They argued that the Commission should be estopped from enforcing the condition imposed on their predecessors because for some 17 years it ignored the violation the golf course even though it was open, notorious and obvious to the world. Although the Superior Court agreed, the Court of Appeal reversed. The Court s Decision: Land Use Laws Affecting 3

4 LEGAL AID OF MARIN STARTS GOLDEN YEAR By Paul Cohen, Executive Director, Legal Aid of Marin The annual fundraising event hosted by the Marin County Bar Association and Legal Aid of Marin at the Pickleweed Community Center on May 4, 2007, was a success. The event was created to express appreciation to the dozens of pro bono attorneys and non-attorneys that actively offer their time and skills to assist many of the underserved residents of Marin. Sixteen of the volunteers were honored with the Wiley W. Manuel Award issued by the State Bar of California. The Award recognizes a contribution of 50 or more hours to the community. In fact, the sixteen recipients donated a total of 2,307 hours through Legal Aid of Marin in 2006 for an average of over 144 hours per volunteer. All of Legal Aid s multiple volunteers provided in-kind services in 2006 in an amount over $1,000,000. Jean Bordon, who just won her 13th consecutive Wiley award, and her husband, S.F. attorney David Bordon. California Supreme Court Justice Carol Corrigan was the guest speaker. She inspired the crowd of more than 225 guests to give back to the community as much and as often as possible because of our profession s position of privilege. Dr. Marisol Muñoz-Kiehne, radio host of Childhood Matters, provided continuity and grace to the evening s festivities. Special recognitions were given to Andrew Giacomini (Legal Aid s Board President), Kerry Pierson (a Trustee of the Marin Community Foundation and former Legal Aid Board Member) and the firm of Cotchett, Pitre & McCarthy for a very generous Cy Pres Award given in Legal Aid of Marin emphasized its desire to connect to the community in new ways. Here are some of Legal Aid s recent program highlights: Project Homeless Connect Imagine 11 tables lined up in the St. Vincent De Paul s Dining Hall in San Rafael with two volunteers on one side and a homeless individual or couple on the other engaged in spirited conversation. This was the scene on January 31, 2007, when free legal services were offered to over 30 participants in the Marin County Homeless Count. LAM set the stage, recruited the volunteers (both attorneys and non-attorneys) and provided follow-up on those cases that were appropriate to refer to our attention. Participants needed family law assistance, general legal guidance or the resolution of multiple unrelated issues. Everyone that walked through the door was treated with dignity and was listened to, and immediate help was generally provided. The Marin County Public Defender s Office adopted nine of the participants and their matters for resolution of outstanding issues in Marin, various parts of California and in other states. This first attempt to provide legal services to the homeless population in a single venue was, by all accounts, a success. We hope this effort will develop into the legal component of a Marin Project Homeless Connect where a great variety of services are offered to the homeless in a single venue. Marin County has the vision to create its own version of this San Francisco-based phenomenon as long as it keeps the focus of serving the homeless with dignity. Medical-Legal Partnership LAM launched this new collaboration with the Marin Community Clinic on February 21, We are providing office hours at both the Greenbrae and Novato clinics two hours each week to address the legal needs of the clinic s patients that are generally referred by the clinic s physicians. Most patients that become our clients would have never thought of seeking legal assistance. One of the primary goals of the partnership is providing enhanced access to justice. Says Dr. Georgianna Farren, Medical Director of Marin Community Clinic, Unresolved legal concerns add to the difficult challenges experienced by our patients, who are struggling to raise young children and are in jobs without health insurance. We welcome the opportunity to enhance our on-site patient services with no-cost legal advice from Legal Aid of Marin. (Continued on page 15.) 4

5 LAW DAY EVENT IN THE NEWS AGAIN At the risk of breaking our arms patting ourselves on the back, we wanted to share yet one more great article on May's MCBA Law Day event. This one was an Editorial in the Marin Independent Journal. We are most proud of this coverage not only for the Editor's gracious and nice compliments, but also because the Editor of the largest newspaper in Marin was enthusiastic enough about the event to run this editorial even after running President Lerman's Marin Voice piece and the front page news article reporting on the event. As "educating the community" is an express and important component of MCBA's mission statement, and "community outreach" is one of the President's two themes this year, we are grateful the Marin community embraced this event so warmly and all of us, as MCBA members, should know and be proud that MCBA's profile in the community has been elevated and enhanced. Enjoy the article. From the Marin Independent Journal, 5/28/07 (reprinted with permission): What parents and teens should know Staff Report Chernus, the Marin Superior Court commissioner. Teens found out it is illegal for two 16 year olds to have sex together. They and their parents - also heard about how a 16-year-old boy could wind up paying child support until he was more than twice that age if he got a girl pregnant. Sobering topics, to be sure, especially considering that Marin has rates of teen drinking and drug use that are well above the rest of California. Other leading lawyers talked about what can happen when a case goes to court- and how much it can cost. The parents in the crowd also got an education regarding the new social host ordinances that have been passed by the county, Novato, Tiburon and San Anselmo. Parents and other adults who allow teens to drink can face large fines. The adults were reminded of the importance of being good role models. We commend the panelists for taking the time to make sure the presentation was relevant to the kids in the crowd and not just a lecture about things they shouldn't do. Jeffrey Lerman, president of the bar association and a father of teens, says the evening could become an annual event. We hope it does. There is no shortage of painful consequences for teens who run afoul of our legal system. Knowing the truth certainly can't hurt. THE STRAIGHT-TALK session could have been called "Truth and Consequences." Nearly 200 parents and teenagers, and even some younger kids, attended "Parents, Teens and the Law," a free forum sponsored by the Marin County Bar Association and the county's district attorney and courts last week. The goal was to let teens and their parents know what the legal consequences can be of drinking and driving, drug use and having underage sex. The tenor of the frank presentation was as impressive as the turnout for a Wednesday night airing of issues that many parents find difficult to discuss with their teens. These certainly are issues that teens - and their parents - should be thinking and talking about. And with each other - not just with other parents or with fellow teens. There is a lot at stake, especially during prom and graduation season, when kids are more likely to engage in risky behavior. In a perfect world, every teen and every parent in the county would have been in the room. Panelists discussing hypothetical situations involving teen sex included District Attorney Ed Berberian and Roy 5

6 ALLOCATING RISK IN THE SALE OF A BUSINESS By David C. Longinotti* Allocating risk in an asset sale transaction is the single most important deal point other than price. The interests of the seller and buyer are always opposed on this issue: the seller wants to walk away free and clear with its profits, and the buyer wants to assure recourse for undisclosed liabilities and misrepresentations. The following is a brief discussion of this risk allocation issue and the legal techniques used to address it. Liability Caps. There will be no cap on liability at all unless one is expressly negotiated into the purchase agreement. A sophisticated buyer, then, will require the seller to assume all pre-closing liabilities without limit, but will make no mention of a cap in the purchase agreement. The buyer will also seek an indemnity from the seller for pre-closing operating liabilities and breaches of representations and warranties made in the purchase agreement. Many less sophisticated sellers will accept this proposal especially if the indemnification is bilateral i.e., if the buyer provides an indemnification for post-closing liabilities to the seller. But other sellers will seek to impose a cap on liability and resist the proposed indemnification requirement. There is a great debate as to what the market is for liability cap arrangements, but in the end resolution of this issue comes down to negotiating leverage. Just as an example, in the past year or so we have negotiated caps ranging from seller s net proceeds from the sale, to 20% of the net proceeds, to 2% of the net proceeds, to a flat amount like 1 million dollars, to no recourse at all. Pre-Closing Third Party Liabilities. Most reasonable parties can agree that there should be no cap on liabilities arising from the seller s operation of a facility prior to closing, including wrongful death claims. Practically speaking, the seller is in the best position to bear these risks because the seller should have business insurance for most types of pre-closing operating risks. Assuming this insurance is in place, what the seller is really exposed to is uninsured risks including the gross negligence and willful misconduct of seller s employees. We typically counsel our selling clients to obtain tail coverage for their insurance for a period of time after closing to provide additional protection. All this being said, we have been in negotiations where sellers have sought an absolute cap, even against these pre-closing third party claims, whether or not there is insurance available to protect its interests. Claw-Backs. A claw-back is the right of a buyer to make claims against the seller for breaches of representations and warranties in the purchase agreement. The sophisticated seller will insist that the buyer rely on its own investigation of the business being acquired and also insist on a waiver or release of claims or a monetary cap of its liability. The sophisticated seller will also limit the duration of its representations and warranties, insist on express disclaimers of liability, and will require the buyer to covenant as to its sophistication and the thoroughness of its due diligence investigation. Holdbacks. Claw-backs can be structured using any number of techniques, including holdbacks, thresholds and deductibles. A holdback is a portion of the sales proceeds that is retained by the seller or more typically placed into escrow for a period of time after closing. The holdback amount acts as security to fund any claim of loss by the buyer for a breach of representation and warranty under the purchase agreements. A holdback is most appropriate when there is a specific claim or potential loss that the parties have identified and the holdback is set aside to provide for that contingency. But on occasion a seller may agree to a more general holdback especially if it limits the seller s risk i.e., the held back amount serves as a cap. Thresholds. Apart from setting the monetary cap, there are certain other ways to allocate risk, including the negotiation of liability thresholds. A threshold is an amount of loss below which a buyer may not make a claim. So for instance, assuming a $100,000 threshold per occurrence is negotiated, a buyer would have no recourse against the seller for a loss that is determined to be $99,000. If the loss is determined to be $101,000, the seller would be fully responsible from the first dollar. (Continued on page 15.) 6

7 DOING SOMETHING TO PREVENT TEENAGE DUI s By Roy O. Chernus, Commissioner, Marin County Superior Court It is no secret that the combination of under-age drinking and driving can be extremely tragic. The problem is bigger in Marin County than the national and state statistics. And those statistics are alarming. Consider this: 4 million people in the United States aged years old reported driving while under the influence of either alcohol or illicit drugs in the past year. Imagine what the true number actually was. Motor vehicle crashes were the leading cause of death among young people years old. In fact, 29 percent of juvenile drivers who were killed in crashes in 2002 had been drinking alcohol. Since 1999, California has witnessed a 32 percent increase in alcohol-related DUIs. Recidivism rates are inversely related to age, with higher re-offense rates associated with the youngest demographic group (16-25). The U.S. Department of Transportation estimates the economic cost of police-reported crashes involving ages was $40.8 billion in Approximately 42 percent of students ordered for expulsion are expelled for violations related to alcohol or drugs. A report by the National Highway Traffic Safety Administration asserts that young drivers are least responsive to arguments against drunk driving. So what can be done about this? And, more to the point of this article, what can attorneys do? Educational campaigns alone have not proven to be enough. Altering the attitudes of teen drivers is fundamental to changing their behavior. Some programs have proven effective. The peer court program model, used both in California and nationally, is one such program. Peer courts are a natural forum for juvenile DUI prevention programs because they provide an opportunity for early intervention in the lives of troubled juveniles and try to alter the pattern of self-destructive behavior through peer interaction and service to the community. Parental involvement is essential to the success of the DUI prevention program as parents or guardians are essential to shaping both their teens' driving and drinking habits. Teens with low parental monitoring are three times more likely to partake in high-risk driving behavior such as driving while intoxicated. The Marin County Superior Court, in collaboration with the Youth Court program of the YMCA, is taking up the challenge of preventing DUIs among our teen population. Our program will receive referrals from law enforcement and schools of cases involving teen drug and alcohol possession and use. The teens who have admitted guilt will go through youth-judge tribunal hearings supervised by adult attorney volunteers (yes, that s where you come in). The teens will be required to do community service and go through the DUI Prevention Program Training (6 hours, parents must participate for 2 hours). The teens also may be required to write letters of apology and essays, and get further counseling. Our goals are to alter at-risk juveniles' behavior as they reach driving age by making them aware of DUI consequences before rather than after a driving arrest, a crash, or a fatality; to influence teens who are making poor decisions in life and so are considered at risk for poor decision making while driving; and to proactively involve schools, our community, families, educators, law enforcement, and the court in a multifaceted approach to reducing DUI incidents. How can you help? We need volunteer attorneys to supervise the youth-judge tribunal hearings. We also need attorneys who are willing to be trained to present the DUI Prevention Training. A modest commitment of your time can save lives. Please help us. Contact: Tamara Nance, Program Coordinator, telephone: , FAX: ; 7

8 MEET YOUR DIRECTORS SPOTLIGHT ON ELIZABETH BREKHUS The Marin Lawyer decided that it would be a good idea to let the MCBA membership get to know a little more about the MCBA Directors whom they elected, and who give so much to make the MCBA a great, vibrant, organization. To that end, The Marin Lawyer will run a series of articles, each focusing on a different MCBA Director. This month, our spotlight is on MCBA Board member Elizabeth Brekhus. The Marin Lawyer: What is your practice area? Elizabeth Brekhus: Civil litigation, typically real property and business litigation. TML: Do you have a particular niche? EB: I handle a lot of real estate non-disclosure cases, adjoining neighbor and boundary disputes, municipal law, and construction matters. In business litigation, I handle contract disputes, including a fair amount of art law cases by virtue of some of the businesses I represent. TML: Why did you decide to become a lawyer? EB: My father, Peter Brekhus, is an attorney and has always been passionate about the practice of law. Law seemed like a known commodity to me. I like working with people and helping people. I like reasoning with people and persuading people. I like all of the elements that make up being an advocate. TML: Why do you live in Marin? EB: I love being outdoors and I love the weather and I like the small town feel. I like that there are Wicka ceremonies on Mt. Tam on most nights (although I ve never attended). TML: What do you love to do when you re not busy practicing law? EB: I have two small children and my husband and I try to keep it interesting for them and for us. I love going to Stinson Beach and to the City; unfortunately for the kids, I hate the park. But I love to cook, entertain and travel. TML: Tell us about your family. EB: My husband, Jordan Lavinsky, and I met in law school 14 years ago and have been married almost 9 years. Jordan practices real estate litigation at Hanson Bridgett. We have a 5 year old daughter, Olivia, and a 3 year old son, Hudson. They are great kids, although they are terrible sleepers. TML: If you could pursue any other career besides law, what would it be and why? EB: Perpetual student starting with journalism school. Then maybe I would study political science and philosophy. I think the list could be endless. TML: Why did you join MCBA? EB: The Seafood Peddler. I love having lunch at the Seafood Peddler. Seriously now, one of my favorite things about practicing law is the other attorneys I come up against. It is very enjoyable to have that sense of camaraderie with colleagues and MCBA provides me with the opportunity to see my colleagues in a different setting, usually at the Seafood Peddler. TML: Why did you become a Director? EB: I thought it would be interesting to be more involved in the Bar. I had served as Treasurer of the Marin Trial Lawyers Association and enjoyed that experience. Becoming a director of the MCBA has been a wonderful opportunity to meet attorneys who practice in other areas. TML: If you had to pick a single highlight of your career, what would it be? EB: No single event comes to mind. I have enjoyed trying cases even when I have lost them. I argued an appeal from a small claims case over a hearing aid on a pro bono case that gave me as much satisfaction as arguing to the Court of Appeals. While not as exhilarating as trial work, I love to research and write and get a lot of satisfaction from that aspect of the job. TML: What was the best/worst/strangest experience in your career? EB: I was a few years out of school and trying this case my father took on as a favor for his friend from law school. It was the classic dog case in the firm - every attorney had done something on it and nobody wanted it. They gave it to me for experience. It was a rear-end accident and the question was what, if any, damage resulted. My client had made so many insurance claims and been in so many accidents it was hard to keep track of them. I had to practice saying in the mirror, without laughing, that I thought the jury should award him $75,000 - the amount he insisted I ask be awarded. Needless to say, I suffered my first defense verdict. 8

9 THE HIDDEN LESSON OF DRYBREAD v. CHIPAIN CHIROPRACTIC CORPORATION By Jordan A. Lavinsky, Esq. Did you ever think that agreeing to a reciprocal attorneys fee provision was a no-brainer because any court would make a unilateral fee clause reciprocal under Civil Code 1717? Why not look like the good guy and concede a clause that you cannot enforce anyway? Read Drybread v. Chipain (June 6, 2007) 07 C.D.O.S and you might think twice before conceding this point so quickly. Drybread actually does not deal directly with the enforceability of a unilateral contractual fee provision. The Court in that case, however, confirms that section 1717, which imposes the reciprocity in attorney s fees clauses, may not apply in all cases dealing with contractual fee provisions. Rather, that section (and its rule of reciprocity) applies only to claims that sound in contract and not those that sound in tort. In Drybread, plaintiff filed an unlawful detainer action against defendant based on defendant s refusal to surrender possession of the premises following expiration of the term of the lease. Ultimately, plaintiff voluntarily dismissed the action after he no longer wanted possession of the premises for his own use. Then the defendant moved for attorneys fees under a reciprocal attorneys fee provision in the lease. The trial court ruled that: Given the legal issues presented by the parties, the unlawful detainer action in this case sounds more in contract than not. That being the case, Civil Code section 1717(b)(2) bars defendant from recovering attorneys fees. The appellate division of the superior court affirmed the trial court s order without explanation and defendant petitioned the Court of Appeal for review. specifically provides that the attorney s fees and costs, which are incurred to enforce that contact, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney s fees in addition to other costs. (b)(2) Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for the purposes of this section. In holding that the limitations of 1717 did not apply, the Court in Drybread relied on Sintisas v. Goodin (1998) 17 Cal.4 th 599, in which the Supreme Court explained that the limitation of Civil Code 1717(b)(2) precluding attorney s fees when a complaint is voluntarily dismissed applies only to contract claims. Id. at 622. Contractual attorney s fees provisions are generally enforceable in voluntary pre-trial dismissal cases except as barred by Civil Code Id. Section 1717 does not bar recovery of attorney s fees for noncontract claims voluntarily dismissed by the plaintiff, as long as the attorney s fees clause is broad enough to encompass noncontract claims. Thus, defendant would be entitled to attorney s fees unless such fees are barred by (Continued on page 16.) Defendant argued that Civil Code 1717 applies only to contract actions, and that the trial court improperly applied that status to this unlawful detainer action. Defendant argued that all unlawful detainer actions sound in tort and even if they do not necessarily sound in tort, this unlawful detainer action sounded in tort. The Court of Appeals agreed and held that this unlawful detainer action sounded in tort; the trial court s denial of defendant s motion for attorney s fees was therefore improper. Civil Code 1717 provides: (a) In any action on a contract, where the contract 9

10 MARIN COUNTY JURY VERDICTS Complete Title of Plaintiff: Sonnen Porsche Complete Title of Defendant: Niello Porsche Case Number: Insurance Carrier(s): None identified Plaintiff Attorney(s), PH#: Brooke P. Halsey, Jr.; Dennis Birkheimer; 415/ Defendant Attorney(s), PH#: Dennis Murphy; 916/ Plaintiff Doctor(s), Field, Address: None Defendant Doctor(s), Field, Address: None Plaintiff Expert(s), Field, Address: Brent Vance Defendant(s) Contention(s) as to Liability: There was no false representation and no breach of contract. Length of Jury Trial: 4 days Jury Deliberated: 15 minutes Plaintiff Attorney asked the Jury to Award: $16,000 Defendant Attorney asked the Jury to Award: $0 Specials/Damages: No $ amount provided. Settlement Talks: No information provided. Result: Unanimous verdict for defendant. Poll Result: None Verdict Date: January 11, 2007 NOTE: Above information provided solely by defendant s attorney; plaintiff attorney did not respond. Defendant Expert(s), Field, Address: None Judge: Hon. John A. Sutro Date & Time of Incident: April 8, 2003 Type of Action: Breach of Contract; Fraud Location of Accident/Incident: Sonnen Porsche in Marin County Facts of Case: Plaintiff, Sonnen Porsche, purchased a used Porsche from Niello Porsche on April 8, Approximately seven months later it demanded to return the car asserting it had undisclosed frame damage. Defendant asserted Plaintiff s knowledge of the car was identical to its knowledge and asserted Plaintiff had sold the car to a customer, and the customer was rescinding the transaction due to Plaintiff s false statements to the customer that the car was covered by warranty. Plaintiff(s) Contention(s) as to Liability: Contract; Fraud Breach of 10

11 INFLATION INCREASES 2007 INCOME LIMITS FOR DEDUCTIBLE CONTRIBUTIONS TO RETIREMENT PLANS By Rebecca A. Gardner* For the first time, modified adjusted gross income (MAGI) limits on making deductible contributions to a traditional IRAs by active plan participants, and for making any contributions to Roth IRAs, have been increased for inflation. The inflation adjustments which are effective for tax years 2007 and later were introduced by 833(b) of the Pension Protection Act of 2006 ( Act ). Limits on deductible contributions by active plan participants to traditional IRAs Generally, an individual who is not an active participant in certain employer-sponsored retirement plans, and whose spouse is not an active participant, may make an annual deductible cash contribution to an IRA up to the lesser of: (1) a statutory dollar limit (e.g., for 2006 or 2007, $4,000, increased to $5,000 for those age 50 or older), or (2) 100% of the compensation that is includible in his or her gross income for that year. If the individual or his or her spouse is an active plan participant, the deduction phases out over a specified dollar range of MAGI. In 2007, the allowable deductible contribution will be phased out ratably for MAGI between $83,000 and $103,000 (an increase from between $75,000 and $95,000 in 2006) for taxpayers filing joint returns. As mentioned above, this substantial increase results from a statutory increase and an inflation adjustment increase. In 2007, the otherwise allowable deductible contribution will be phased out ratably for MAGI between $52,000 and $62,000 (up from between $50,000 and $60,000 in 2006) for single taxpayers and heads of household. In addition, the allowable deductible contribution will continue to be phased out ratably for MAGI between $0 and $10,000 for married taxpayers filing separate returns. For a married taxpayer who is not an active plan participant but whose spouse is a participant, the allowable deductible contribution will be phased out ratably for MAGI between $156,000 and $166,000 (up from between $150,000 and $160,000 in 2006). Limits on contributions to Roth IRAs Individuals may make nondeductible contributions to a Roth IRA, subject to the overall limit on IRA contributions. Maximum annual contributions to a Roth IRA are phased out for taxpayers with MAGI over certain levels for the tax year. For taxpayers filing joint returns, the allowable contributions to a Roth IRA will be phased out ratably in 2007 for MAGI between $156,000 and $166,000 (up from between $150,000 and $160,000 in 2006). For single taxpayers and heads of household, the allowable contributions will be phased out ratably for MAGI between $99,000 and $114,000 (up from between $95,000 and $110,000 in 2006). For married taxpayers filing separate returns, the otherwise allowable contribution will continue to be phased out ratably for MAGI between $0 and $10,000. *Rebecca A. Gardner is an attorney in the Estate Planning and Administration Section at Hanson Bridgett Marcus Vlahos & Rudy LLP. Her practice focuses on estate planning and business entity formation and operation. In her estate planning practice, Rebecca assists clients in a wide range of matters, including drafting wills, trusts, and other estate planning documents with a focus on accomplishing clients' estate planning and tax goals. Rebecca also assists clients with business issues including the formation and operation of corporations, limited liability companies and limited partnerships. ALL GOLFERS (AND FRIENDS OF GOLFERS) SAVE THE DATE!! What: First (Hopefully) Annual MCBA Golf Tournament (This year to benefit Guide Dogs for the Blind) When: 1:00 Tee-off, Friday, October 19, 2007 Where: San Geronomo Golf Course, San Geronomo Format: Scramble (So that golfers of all levels may participate and have a great time!) For further information, contact Louis Franecke: Phone (415/ ): 11

12 MCBA GOES TO THE BALL GAME! When: Sunday August 1:05 Who: Oakland A s V. Angels Cost: $22 for Field Level seats (Normally $32) Party: Tailgate Party Starts at 10:00 (Call for location) Contact: Alan Charmatz, for more details Hope To See You There! Bring the Family. DIRECTORY UPDATE Marin County Superior Court Commissioners We have recently been advised that the telephone numbers listed at page 8 of the MCBA Directory for the Marin County Court Commissioners have changed since our directory was printed. There will be additional changes throughout the year. At this time the best contact number is the General Administrative Office for messages. We apologize for any inconvenience. 12

13 (Bankruptcy, continued from page 1.) applies to stop all litigation against the debtor or property of the estate. The stay also applies to ban notices, demands, or other actions that a creditor might take to pursue collection of pre-bankruptcy debts. Do not violate the stay. Actions in violation of stay are void or voidable. Intentional violations can be punished by sanctions or contempt. Landlords or creditors can ask the bankruptcy court for relief from the stay to allow some kinds of actions to proceed. If a tenant is in default and appears to be teetering on bankruptcy, then default the tenant and file an unlawful detainer action to terminate the lease before the bankruptcy petition is filed. By doing so, the landlord may argue that the lease was already terminated before the bankruptcy and the lease should therefore not be held up in the bankruptcy and subject to lengthy periods for assumption and assignment of leases (although the landlord s claim based on debtor s breach must still be filed in the bankruptcy). Right to Post-Petition Rent Even in bankruptcy, tenant/debtors cannot remain in possession of premises for free. Under 11 USC 365(d)(3) debtors must remain current on post-petition obligations until the lease is assumed or rejected. Hence, the Ninth Circuit has held that 11 USC 365(d)(3) gives landlords an administrative claim for the full amount of lease rent due for the post-petition, pre-rejection period. If a debtortenant fails to keep post-petition rent current, a request for payment of administrative expenses and, if necessary, a motion to compel payment should be made. In addition, if permitted under applicable state law, a landlord may claim attorney fees incurred in making the motion, which may be recoverable to compensate the landlord for actual pecuniary loss resulting from the debtor s failure to pay the post-petition rent as required under 11 USC 365(d)(3). Assumption and Assignment Generally, the assumption of a contract involves its reaffirmation by the debtor or trustee. The entire contract must be assumed or rejected. Its provisions cannot be cherry picked. Following assumption, it becomes a post-bankruptcy obligation that can be enforced against the bankruptcy estate and damages for breach are accorded priority status. To assume a lease, the debtor must: (i) cure or provide adequate assurance of a prompt cure; (ii) compensate, or provide adequate assurance of prompt compensation, for actual pecuniary loss" resulting from default; and (iii) provide adequate assurance of future performance. The entire lease must be assumed both burdensome and beneficial provisions unless agreed upon modification. If the debtor assumes a lease, the debtor is obligated to perform post-petition. Breach of the lease after assumption results in the lessor's administrative claim, meaning it would be paid in full before any general unsecured debt. Special Provisions for Shopping Center Leases With respect to assumption of a lease in a shopping center under 11 USC 365(b)(3), adequate assurance of future performance is specifically defined to mean that: (a) the source of rent and financial condition of the proposed assignee and its guarantors, if any, shall be similar to the financial condition and operating performance of the debtor and its guarantors, if any, when the debtor became the lessee; (b) the percentage rent due under the lease will not substantially decline; (c) assumption or assignment is subject to all the terms of the lease, including radius, use, location, and exclusivity provisions, and will not breach any such provisions; and (d) assumption or assignment will not disrupt the tenant mix or balance in the shopping center. Rejection of Unexpired Leases Rejection of an executory contract or unexpired lease terminates both parties obligations going forward, but does not result in an unraveling of the executed portion of the contract. Most courts follow a business judgment rule in deciding whether to permit rejection. The issue is whether the debtor s business judgment indicates rejection will benefit the bankruptcy estate. Rejection is a pre-petition breach, notwithstanding the rejection happens after the bankruptcy is filed. The landlord will have a pre-petition damage claim for breach. For rejection damages and all amounts owed before the bankruptcy, file a general unsecured claim. A post-rejection claim may include the sum of (1) amounts owed pre-petition (i.e., before the bankruptcy) and (2) the capped amount of rejection damages. The cap of Bankruptcy Code 502(b)(6) limits landlord claims for rejection damages to the greater of one years rent or 15% of the rent reserved, not to exceed three years rent. Time for Assumption and Rejection of Unexpired Leases Under Section 365(a) a debtor or a trustee may elect whether to assume or reject any unexpired lease. The election has to be made within 120 days or the lease is deemed rejected. The debtor s time to assume an unexpired lease is subject to one 90 day extension. After that, no extensions will be granted without the landlord s written consent. The debtor must perform its obligations under the lease until the lease is assumed or rejected. Proof of Claim To collect money in a bankruptcy proceeding, file a proof of claim before the claims bar date. In chapter 11, (Continued on page 14.) 13

14 (Bankruptcy, continued from page 13.) debtors set deadlines (with court approval) for filing the claims. Claims not filed by the bar date are disallowed. In chapters 7 and 13, the deadline is statutory: 90 days from the date first set for the meeting of creditors. The Marin Lawyer (Feduniak, continued from page 3.) permit conditions. The third factor recognizes that those pressing estoppel claims against the government face daunting odds : Attorneys Fees A recent decision from the United States Supreme Court, originating in San Francisco, has made it easier to seek recovery of contractual attorney's fees incurred in bankruptcy litigation. In Travelers Casualty and Surety Company of America v. Pacific Gas & Electric Company (US Supreme Court, March 20, 2007), the Supreme Court held that contract-based attorneys' fees could be recovered in a bankruptcy case, even if the fees were incurred litigating issues under bankruptcy law. Before this decision, the law on recovery of fees was murky at best: some cases allowed recovery if the fees were incurred enforcing contract rights under state law and the contract provided for such recovery, while several cases, including a th Circuit decision noted that there was no federal right to attorneys' fees so fees incurred litigating "issues peculiar to federal bankruptcy law" could not be recovered. Monitor Developments in the Case Promptly file a request for notice and inclusion on the mailing/ list. Review everything at least briefly to identify issues that may affect your interests. Be sure to object on time to motions and proposed actions that you oppose. After filing a claim, monitor the case for any distributions under a plan, or to respond on time to any objection to your claim. Watch for omnibus objections where many claims are disallowed unless a timely response is filed. Scream or Die Finally, it is critical to understand the concept of Scream or Die. Bankruptcy is not two-party litigation it involves multiple constituencies. Debtors make motions that affect rights of whole groups of constituencies, not just one party. Parties are given a finite usually short time to object or the relief is granted hence: scream or die. A scream or die calendar means the motion is not even set for a hearing it will just be granted by default unless a party files a timely objection and asks for a hearing. *Jordan A. Lavinsky is an attorney in the Litigation Section of Hanson Bridgett Marcus Vlahos & Rudy LLP, specializing in commercial and real estate litigation. Jordan represents commercial creditors, shopping centers, real estate owners, managers, and developers. He has experience in trial and appellate litigation in state and federal courts and administrative forums in the areas of commercial, construction, real estate, and bankruptcy law. 14 [P]ublic policy may be adversely affected where estoppel can too easily replace established requirements for obtaining permits. Accordingly, estoppel can be invoked in the land use context in only the most extraordinary case where the injustice is great and the precedent set by the estoppel is narrow. Toigo v. Town of Ross (1998) 70 Cal.App.4th 309, 321; see also City of Long Beach v. Mansell (1970) 3 Cal.3d 462, 495 fn. 30. The Feduniaks claims against the Commission thus failed. The Court reinstated the Commission s order for the removal of the golf course and the restoration of the dunes. Conclusion Feduniak breathes new life into a doctrine that operates harshly on property owners. This principle rests on the assumption that it would be far harsher to allow inaction by an agency s staff to sacrifice the broader interests of the public in the consistent application of land-use laws. Feduniak also indicates the need for prospective purchasers of property (and their legal counsel) to (1) seek warranties from sellers that address this risk and (2) conduct their prepurchase investigations with greater diligence. Certainly lawyers representing buyers need to take heed. *Thomas B. Brown joined Hanson Bridgett Marcus Vlahos & Rudy after serving for 12 years as the City Attorney for the City of Napa. Prior to his tenure at the City of Napa, Tom served as Senior Deputy City Attorney for the City of Berkeley. Tom represents both public agency and private clients. His practice focuses on all aspects of municipal law. He has extensive experience advising clients and litigating in land use, zoning and planning, the California Environmental Quality Act ("CEQA"), real property entitlements, police power, municipal taxation, Brown Act, Public Records Act, code enforcement, intergovernmental relations, grand juries, elections, initiatives and referenda.

15 (Legal Aid, continued from page 4.) Financial Abuse Expert Team ( FAET ) Six months after convening the first team meeting, we have over twenty volunteer financial and legal experts that have been trained and are ready to be deployed to educate the community and serve as experts on appropriate cases. Two of the cases presented anonymously to the team involve an alleged predatory loan and allegations of a broker s misconduct in the sale of securities. The first client is in her early eighties and the second is in her nineties. Time is of the essence takes on a new meaning when trying to keep an elder in her home or to recoup a client s life savings. FAET meetings are confidential. Matters presented to the FAET are screened either by LAM, the District Attorney s Office or another contributing County agency. Many heartfelt thanks to Brooke Thacher and Horace de la Vega for their FAET coordination. The Marin Lawyer (Allocating Risk, continued from page 6.) Deductibles. A deductible is the same as the deductible on your car insurance policy; it is a portion of any claim that a buyer will be required to pay on a first dollar basis. The key issue in negotiating thresholds and deductibles apart from price is whether they will apply on a per occurrence or aggregate basis. Reps and Warranties Insurance. Finally, it is important for the sophisticated buyer to consider reps and warranties insurance. This is insurance that provides a buyer with coverage against losses arising from a seller s breach of a representation or warranty in the purchase agreement. A seller may offer reps and warranties insurance to a buyer in exchange for a full or significant cap on liability. This insurance is expensive and there is typically a large deductible associated with it. Accordingly, it is typically utilized only in complex large scale transactions. The parties will need to negotiate through issues that arise in obtaining this insurance. The insurer will need to conduct its own pre-closing due diligence to assess risk, and there are a number of issues in the policy itself that a buyer should take an active role in negotiating, including term and assignability. LAM Staff Attorney Brooke Thacher and first time Wiley Award Winner Alex Freeman. Golden Anniversary Project April 17, 2008 marks the 50th Anniversary of the incorporation of the Legal Aid Society of Marin County. The Golden Anniversary Project ( GAP ) will include interviews of LAM s surviving founders and incorporators, MCBA Presidents, former LAM Staff and Board members, current LAM Staff and Board members, former and current clients and anyone else in the community who contacts LAM in the next few months with a story or matter of interest from our history. The gathering of this information into Legal Aid of Marin: The First 50 Years will culminate in the filming of a documentary to be viewed at our 50th Anniversary celebration to be announced. We encourage everyone who cares about Legal Aid of Marin to offer contributions (anecdotes, pictures, and case success stories) to this important project. *David C. Longinotti is a partner in the Business Section at Hanson Bridgett Marcus Vlahos & Rudy LLP and is the leader of its Real Estate Practice Group. David is an experienced and effective transactional lawyer and an inventive problem solver. He offers particular expertise in complex real estate secured transactions and related debt and equity financing arrangements. David's recent credits include the acquisition of a portfolio of over thirty senior care facilities, the consolidation of fourteen real estate investment partnerships and the reorganization of two divisions of a publicly traded company. 15

16 (Drybread, continued from page 9.) So the question is whether the unlawful detainer action is an action on contract (to which 1717 applies) or a noncontract claim. To answer that question, the Court in Drybread relied on Fragomeno v. Insurance Co. of the West (1989) 207 Cal.App.3d 822, in which the Court said In order to determine whether this summary and statutory procedure [unlawful detainer] sounds in contract or in tort, the gravamen of the facts giving right to recovery must be examined. If the right to recover realty emanates from the breach of a lease provision occurring during an unexpired term of a lease, then the right to recover has its inception in a contractual arrangement between the parties. If the right to recover is based upon a civil wrong such as possession of property by a trespasser ab initio, or by a holdover tenant as a resulting trespasser, or by an encroacher then the right to recover possession of the property by way of the summary and statutory procedure of unlawful detainer has its inception in tortious conduct. Id. at In Drybread, the plaintiff s claim was that defendant was holding over after expiration of the lease a noncontract claim. Thus, the trial court erred in determining that the case sounded more in contract than in tort. Therefore, Civil Code 1717 (which bars attorney s fees where contract claims are voluntarily dismissed) did not apply. Rather, defendant was the prevailing party pursuant to Code of Civil Procedure 1032 (which provides that a prevailing party is entitled as a matter of right to recover costs, and prevailing party includes a defendant in whose favor a dismissal is entered ) and was entitled to attorney s fees pursuant to the provisions of the lease. So back to the original question posed by this case note: Should you think twice about automatically making an attorney s fee provision reciprocal? Based on the reasoning in Drybread, a one-sided attorney s fees clause puts a landlord in a much better position than a landlord with a reciprocal attorney s fees clause now found in most leases. If the clause is one-sided, in favor of the landlord, then the only way the tenant could make it reciprocal would be by saying it was governed by But if it was governed by 1717, there is no right to fees after voluntary dismissal. Thus, a one-sided attorney s fees clause favoring the landlord would be enforceable in a claim sounding in tort, entitling the prevailing landlord, but not a prevailing tenant, to fees on a tort claim, while allowing the landlord to avoid paying fees on a claim sounding in contract, when it voluntarily dismisses before trial. The Marin Lawyer CALENDAR DETAILS July 18th Probate & Estate Planning Section Meeting 12 1:30 Brown Bag Lunch The Tamalpais Room in the Corporate Center 750 Lindaro, Central San Rafael (off Second Street) The Tamalpais Room is on the ground floor off the lobby July 19th Real Property Section Meeting Seafood Peddler 12 1:30 July 23rd Probate & Trusts Mentor Group 802 B ST., San Rafael An informal forum to further discuss issues addressed at the monthly estate planning section meetings or any other issues. Bring your lunch and interesting estate planning/trust administration/probate issues to discuss, and snacks will be provided. Parking is available in the City of San Rafael parking lot on B Street south of 4th Street. Brown Bag Lunch 12-1:30 MARIN COUNTY LEGAL PROFESSIONALS ASSOCIATION A professional organization for legal assistants NEXT MEETING: Thursday, July 12, 6 pm, Café Arrivederci 11 G Street, San Rafael SPEAKER: David Campion, One Legal RSVP/INFO: Kristi L. Edwards, CCLS, , TIP OF THE MONTH: MCLPA will publish your job opening in our newsletter for free! 16

17 New Members change of scene G. Martin Velez Lafayette & Kumagai 100 Spear St, Suite 600 San Francisco, CA Phone: ADDITONS TO THE DIRECTORY: David Brown Marin County Public Defenders Office 3501 Civic Center Dr #139 San Rafael, CA Tel: Fax: Elaine Andrews 96 Newport Landing, Suite #105 Novato, CA Phone: Michael J. Cogen 100 Larkspur Landing Cir, Ste 110 Larkspur, CA Tel: Fax: Brian C. Pedersen Flynn/Williams LLP 1010 B Street, #200 San Rafael, CA Tel: Fax: David Whitridge 140 Buena Vista Ave Corte Madera, CA Tel: Fax: To increase sales, announce a new partner or advertise a new business: place your ad in The Marin Lawyer contact Pat Stone, Express Printing Phone: (707) Fax: (707)

18 THE MARKETPLACE Anyone wishing to advertise in the Marketplace should send their text ad to MCBA, 30 N. San Pedro Rd, Ste. 140, San Rafael, CA with payment of $25 per month, or you may to: The ad should be no longer than 25 words and paid in advance. LEGAL SECRETARY, seeks transcription work (in your office or from my home office). Also offers vacation fill-in, file/ofc/library organization. Over 20 yrs litigation experience. Debbie , PART-TIME LEGAL SECRETARY NEED- ED to job share for Marin family law solo practitioner. 2 days per week. Minimum 5 years legal secretary experience, preferably in family law. Word Perfect and Word proficient. Great work environment. Call Maggie (415) CLASS A BUILDING Attorney Offices luxurious offices, 999 Fifth Ave. SR. Will provide space in exchange for assistance with pending civil litigation. Call Francis Doherty Deadline for submission of articles, ads, inserts, and announcements is the 15th of each month. Thank you. Mission Statement of the Marin County Bar Association To involve, encourage, and support bar association members, to serve as a liaison to the Marin County courts, and to educate the community and enhance access to legal services. 18

19 Marin County Bar Association 30 North San Pedro Road, Ste. 140 San Rafael, CA published by The Marin County Bar Association Fax MCBA Officers Jeffrey H. Lerman President Edward S. Berberian President Elect Marlene P. Getchell Treasurer Beth S. Jordan Secretary Daniel S. Harris Past President Myron Greenberg 5 Year Past President Board of Directors Frederick W. Bradley Elizabeth Brekhus Renee Giacomini Brewer David I. Brown Otis Bruce Jr. Timothy J. Chambers Houman Chitsaz Albert Cordova Philip R. Diamond Louis S. Franecke Jordan A. Lavinsky Michelle C. Lerman Andrew C. McCullough Neil Sorensen Eric Sternberger Executive Director Robynn Gaspar Production Advertising Express Printing Pat Stone MCBA encourages submission of articles that may interest the legal community. Letters to the Editor are also welcome and may be published if space permits. Submissions will not be returned. The Editor reserves the right to publish, decline to publish, edit or otherwise modify any submission. Editorial material should be sent to the Marin County Bar Association at the above address. FIRST CLASS U.S.POSTAGE PAID permit #26 san rafael ca Dated Material 19

Common Bankruptcy Concerns for Lenders

Common Bankruptcy Concerns for Lenders Types of Bankruptcy, and Eligibility Common Bankruptcy Concerns for Lenders The U.S. Bankruptcy Code is divided into several different chapters. Some chapters are applicable to all types of bankruptcy

More information

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION By Arthur Mazirow, Esq., CRE Real Estate Arbitrator, Mediator, Expert Witness and Consultant Los Angeles, California Website: Mazirow.com

More information

MCBA FAQS BANKRUPTCY Answer: i. LAW: ii. BEST PRACTICE:

MCBA FAQS BANKRUPTCY Answer: i. LAW: ii. BEST PRACTICE: MCBA FAQS BANKRUPTCY 1. If an account is discharged in bankruptcy, is it necessary to file a release of lien, or does the mere fact of the discharge extinguish the lien? Answer: Sec 2809(6)(d) states that

More information

ALERT APRIL 25, 2005

ALERT APRIL 25, 2005 919 Third Avenue, New York, NY 10022 n Tel: (212) 756-2000 n Fax: (212) 593-5955 n www.srz.com n e-mail: wwwmail@srz.com ALERT APRIL 25, 2005 2005 BANKRUPTCY CODE AMENDMENTS: QUICK SUMMARY OF BUSINESS

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

CLARK COUNTY, NEVADA. ANSWER ) Defendant. ) )

CLARK COUNTY, NEVADA. ANSWER ) Defendant. ) ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANS (NAME) (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE) Defendant Pro Se DISTRICT COURT CLARK COUNTY, NEVADA ) ) Case No.: Plaintiff,

More information

Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA

Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA A. Basic Principles Applicable to All Leases 1. A debtor/tenant s leasehold interest is property of the [debtor

More information

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy 101 A Guide to Personal Bankruptcy Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

U.S. Bankruptcy Basics

U.S. Bankruptcy Basics SHEPPARD MULLIN SHEPPARD MULLIN RICHTER & HAMPTON LLP A T T O R N E Y S A T L A W U.S. Bankruptcy Basics Sheppard, Mullin, Richter & Hampton LLP Edward H. Tillinghast, III etillinghast@sheppardmullin.com

More information

CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP

CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP BANKRUPTCY 101 BASICS & CONTEXT 1. Guiding Policies a. Equality of Distribution b. Adequate

More information

Professional Liability Business Litigation Toxic Tort STEVEN D. WASSERMAN 415.781.7900 tel 877.547.2780 fax steven.wasserman@sedgwicklaw.

Professional Liability Business Litigation Toxic Tort STEVEN D. WASSERMAN 415.781.7900 tel 877.547.2780 fax steven.wasserman@sedgwicklaw. Steven D. Wasserman Partner, San Francisco, California Professional Liability Business Litigation Toxic Tort STEVEN D. WASSERMAN 415.781.7900 tel 877.547.2780 fax steven.wasserman@sedgwicklaw.com Current

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005

A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 A Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 Edward P. Jackson 2005 Summary of Significant Amendments to the Bankruptcy Code Contained in BAPCPA 2005 1. Mandatory

More information

Chapter 7 Liquidation Under the Bankruptcy Code

Chapter 7 Liquidation Under the Bankruptcy Code From Administrative Office of the United States Courts, Bankruptcy Basics, Public Information Series. Chapter 7 Liquidation Under the Bankruptcy Code The chapter of the Bankruptcy Code providing for "liquidation,"

More information

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged

More information

BANKRUPTCY. What is the difference between a Chapter 7 and a Chapter 13 bankruptcy?

BANKRUPTCY. What is the difference between a Chapter 7 and a Chapter 13 bankruptcy? BANKRUPTCY Bankruptcy means you ask the court to excuse you from your duty to repay your creditors. A person or business you owe money to is called a creditor. Bankruptcy allows you to discharge (get rid

More information

Representing Creditors in Consumer Bankruptcy Cases

Representing Creditors in Consumer Bankruptcy Cases 4 Representing Creditors in Consumer Bankruptcy Cases Michael P. Hogan Craig B. Rule Marcy J. Ford John P. Kapitan I. Overview 4.1 II. General Considerations A. Filing Proofs of Claim 4.2 B. The Automatic

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT)

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING $25,000.00 OR LESS)

More information

Business Chapter 13 Cases: The Self-Employed Debtor

Business Chapter 13 Cases: The Self-Employed Debtor Business Chapter 13 Cases: The Self-Employed Debtor (Friday, March 23, 2012, 1:45pm - 2:25pm) Presented by Douglas B. Jacobs, California Consumer Bankruptcy Attorney This presentation will discuss: 1.

More information

PARRY G. CAMERON, Senior Attorney

PARRY G. CAMERON, Senior Attorney Phone: 310.557.2009 Fax: 310.551.0283 Email: pcameron@tocounsel.com Parry Cameron has over twenty-three years experience in commercial and business litigation at both the trial and appellate levels. He

More information

Creditor Lawsuits Handbook

Creditor Lawsuits Handbook Creditor Lawsuits Handbook In Magisterial District Court A Handbook for people dealing with creditor lawsuits, including information on such suits and common defenses. Revised July 2009 Introduction This

More information

DEBT RELIEF AGENCY CONTRACT

DEBT RELIEF AGENCY CONTRACT DEBT RELIEF AGENCY CONTRACT Federal law requires that we enter into this Debt Relief Agency Contract within three business days after the first date on which we provide any bankruptcy assistance services.

More information

This information is provided by the

This information is provided by the Almost everything individuals do such as making a purchase, starting a business, driving a car, getting married or writing a will is affected by laws. This pamphlet is intended to help you decide when

More information

LEASE. The term of this Lease is for a period of months, commencing on day of,, and terminating on the day of,.

LEASE. The term of this Lease is for a period of months, commencing on day of,, and terminating on the day of,. LEASE PARTIES The parties to this lease (Lease) are the state of North Dakota, acting through its (STATE), and having its principal place of business at (LANDLORD); SCOPE OF LEASE LANDLORD, in consideration

More information

Home Mortgage Foreclosures in Maine

Home Mortgage Foreclosures in Maine Home Mortgage Foreclosures in Maine Find more easy-to-read legal information at www.ptla.org Important Note: This is very general information about home mortgage and foreclosure rules in Maine. It is not

More information

INFORMATION FOR LANDLORDS

INFORMATION FOR LANDLORDS NEW JERSEY JUDICIARY INFORMATION FOR LANDLORDS Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Landlords page 1 Most disputes between landlords and

More information

Restitution Basics for Victims of Offenses by Juveniles

Restitution Basics for Victims of Offenses by Juveniles Restitution Basics for Victims of Offenses by Juveniles If you are the victim of an offense committed by a youth under the age of 18, you have a right to be repaid for losses that resulted from the offense.

More information

Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors

Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors Alert Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors September 21, 2015 An asset purchaser s payments into segregated accounts for the

More information

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE Michael R. Totaro Totaro & Shanahan P.O. Box 789 Pacific Palisades, CA 90272 310 573 0276 (v) 310 496 1260 (f) Mtotaro@aol.com

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney

HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney WELCOME HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney WHAT IS BANKRUPTCY? Process Debtor files for bankruptcy. Creates automatic stay.

More information

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2 One Division Avenue Room 200 Grand Rapids, MI 49503-3132 Phone : (616) 456-2693 http://www.miwb.uscourts.gov/ WHAT IS CHAPTER 7 BANKRUPTCY? Chapter 7 bankruptcy, sometimes call a straight bankruptcy is

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial.

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial. SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive

More information

The New Bankruptcy Law Amendments and their Impact on Business Bankruptcy Cases

The New Bankruptcy Law Amendments and their Impact on Business Bankruptcy Cases May 2005 The New Bankruptcy Law Amendments and their Impact on Business Bankruptcy Cases On April 14, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of

More information

Restitution Basics for Victims of Crimes by Adults

Restitution Basics for Victims of Crimes by Adults Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to

More information

So You Don t Know Much About the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005? A Summary of the Significant Business Provisions

So You Don t Know Much About the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005? A Summary of the Significant Business Provisions So You Don t Know Much About the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005? A Summary of the Significant Business Provisions Written by: R. Spencer Clift III Courtney H. Gilmer Eric

More information

WHEN THE CREDITOR SUES, WHAT ARE MY RIGHTS?

WHEN THE CREDITOR SUES, WHAT ARE MY RIGHTS? LEGAL AID CONSUMER FACT SHEET # 2 -------------------------------------------------------------------------------------------- WHEN THE CREDITOR SUES, WHAT ARE MY RIGHTS? Important Note: The following

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201 (12/08) UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals

More information

IOWA DISTRICT COURT FOR DALLAS COUNTY

IOWA DISTRICT COURT FOR DALLAS COUNTY IOWA DISTRICT COURT FOR DALLAS COUNTY If you paid for food purchases between January 1, 2000 and August 1, 2014 at an Iowa-based prekindergarten, elementary school, middle school, or high school that,

More information

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet Section 1: The Eviction Process Section 2: Eviction Answer Packet Section 3: Eviction Answer and Counterclaim Packet Section 4: Possession Bond Hearing Request Packet!! "#!! "$%&%"'! (!(!!!!!!") $# (!(!!((

More information

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES 303 Williams Avenue, Park Plaza Suite 921 Huntsville, Alabama 35801 Phone:256.535.0817 Fax: 256.535.0818 Web: www.heardlaw.com INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

More information

Bankruptcy Law Firm Ursula Jones, Attorney

Bankruptcy Law Firm Ursula Jones, Attorney ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Ursula Jones ( Attorney ). 1. TOTAL FEES AND COSTS (a) Fixed Fee: A fixed fee

More information

Bankruptcy: Is It the Right Choice for You?

Bankruptcy: Is It the Right Choice for You? Bankruptcy: Is It the Right Choice for You? Find more easy-to-read legal information at www.ptla.org Introduction This is to help you to understand some basics about the bankruptcy laws and rules. This

More information

CLIENT RESPONSIBILITY

CLIENT RESPONSIBILITY RETAINER AGREEMENT FOR Filing a Chapter 7 Bankruptcy BETWEEN FIRM NAME: Paul E. Kauffmann, Attorney at Law ADDRESS: 233 12 th Street, Suite 725 CITY/STATE Columbus, GA 31901 TEL. NO.: 706 566 3434 AND

More information

STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION. The Standards for Attorney Certification are divided into two parts.

STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION. The Standards for Attorney Certification are divided into two parts. STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION These Attorney Standards for Certification are established by Texas Board of Legal Specialization after approval of the Supreme

More information

ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES. August 22, 1997

ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES. August 22, 1997 ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES August 22, 1997 Points of view or opinions expressed in this document are those of the Committee on Mandatory Fee Arbitration.

More information

1. I have something called a Chapter 13 plan. What is that exactly?

1. I have something called a Chapter 13 plan. What is that exactly? 1. I have something called a Chapter 13 plan. What is that exactly? The Bankruptcy Code requires that every Chapter 13 bankruptcy have a plan. It is a summary sent to your creditors that, in effect, tells

More information

LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214

LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214 LAUREN ROSS Attorney at Law 2550 N. Hollywood Way Suite 404 Burbank, CA 91505-5046 Tel.(818) 847-0211 Facsimile (818) 847-0214 INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES Please Note: These documents

More information

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Chapter 13 Bankruptcy Individual Debt Adjustment The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property

More information

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13 Chapter 13 - Bankruptcy Basics This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com

More information

Wis. Stat. 128.21 Debtor Actions ~ A Wisconsin Bankruptcy Alternative ~

Wis. Stat. 128.21 Debtor Actions ~ A Wisconsin Bankruptcy Alternative ~ Wis. Stat. 128.21 Debtor Actions ~ A Wisconsin Bankruptcy Alternative ~ Jeffrey L. Murrell, Esq. P.O. Box 579, Milwaukee, WI 53201 jeffmurrell@lawyer.com THIS OUTLINE IS INTENDED TO ASSIST THOSE IN THE

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Disclosure Pursuant to 11 u.s.c. 527(a)(2)

Disclosure Pursuant to 11 u.s.c. 527(a)(2) Disclosure Pursuant to 11 u.s.c. 527(a)(2) You are notified: 1. All information that you are required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be

More information

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient.

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient. PART III MEDICAID LIEN RECOVERY 1. Basics: 1) For Medicaid benefits that are correctly paid, there are two major instances in which Medicaid may seek to impose and recover liens: 1) From the estate of

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court.

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Terminology adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. assume - An agreement to continue performing duties under

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

WorthReading. Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014

WorthReading. Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014 WorthReading by Jay Winston and Alex Powietrzynski Comfort Orders: Protect Yourself from Unnecessary and Costly Litigation Jan. 1, 2014 Most businesses will experience a bankruptcy by a customer or otherwise

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

PROPERTY MANAGEMENT AGREEMENT

PROPERTY MANAGEMENT AGREEMENT PROPERTY MANAGEMENT AGREEMENT OWNER: AGENT: PROPERTY: APN: Owner and Property Manager, as hereinafter identified, agree as follows: 1. APPOINTMENT OF AGENT: Owner hereby appoints and grants Property Manager

More information

BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY

BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY In consideration of the payment of the premium, in reliance on all statements made in the application and subject to all of the provisions

More information

OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. v. Record No. 961078 JANUARY 10, 1997 FROM THE STATE CORPORATION COMMISSION

OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. v. Record No. 961078 JANUARY 10, 1997 FROM THE STATE CORPORATION COMMISSION Present: All the Justices SWISS RE LIFE COMPANY AMERICA, ETC. OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. v. Record No. 961078 JANUARY 10, 1997 ALFRED W. GROSS, ETC., ET AL. FROM THE STATE CORPORATION COMMISSION

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201A (Form 201A) (11/11) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 The Porter Law Network is owned by attorney Karen J. Porter. Ms. Porter is licensed in the State of Illinois. Ms Porter has more than 25 years of

More information

Cash Advance Agreement (Case ID: )

Cash Advance Agreement (Case ID: ) Cash Advance Agreement (Case ID: ) THIS AGREEMENT is entered into on this date,, between (hereinafter Seller ), residing in and Peacock Lending (hereinafter Purchaser ). Purchaser and Seller are collectively

More information

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY 6 Nevada Lawyer March 2014 Where to Look BY CANDACE C. CARLYON, ESQ. AND ADAM BOWLER, ESQ. A great starting point in a search for bankruptcy information

More information

Bankruptcy Business and Transaction Law Commercial Litigation Debtor/Creditor Law Real Estate

Bankruptcy Business and Transaction Law Commercial Litigation Debtor/Creditor Law Real Estate John J. Stockdale, Jr., Associate 40950 Woodward Avenue, Suite 100 Bloomfield Hills, Michigan 48304 T: 248.540.3340 F: 248.282.2157 JStockdale@schaferandweiner.com PRACTICES Bankruptcy Business and Transaction

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney

More information

Blispay Card agreement

Blispay Card agreement Blispay Card agreement 1. Definitions 2. How Blispay Card works 3. Making payments 4. Fees and interest 5. When things go wrong 6. Arbitration Provision 7. Legal 8. Communications and information sharing

More information

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13.

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13. GENERAL INFORMATION ABOUT THE BANKRUPTCY SYSTEM INCLUDING THE RIGHTS AND DUTIES OF CHAPTER 13 DEBTORS (and other information necessary to assist a debtor in completion of the chapter 13 plan) WHAT IS BANKRUPTCY?

More information

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

More information

GUIDE TO SMALL CLAIMS COURT The Rural Law Center of New York, Inc.

GUIDE TO SMALL CLAIMS COURT The Rural Law Center of New York, Inc. This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585 Filed 2/26/15 Vega v. Goradia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services

More information

WHAT BANKRUPTCY CAN T DO

WHAT BANKRUPTCY CAN T DO A decision to file for bankruptcy should only be made after determining that bankruptcy is the best way to deal with your financial problems. This brochure cannot explain every aspect of the bankruptcy

More information

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 ECONOMIC ISSUES REGARDING MARRIAGE AND DISSOLUTION OF MARRIAGE ASSETS

More information

AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE. Rule 1014. Dismissal and Change of Venue. (a) DISMISSAL AND TRANSFER OF CASES.

AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE. Rule 1014. Dismissal and Change of Venue. (a) DISMISSAL AND TRANSFER OF CASES. AMENDMENTS TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 1014. Dismissal and Change of Venue (a) DISMISSAL AND TRANSFER OF CASES. (1) Cases Filed in Proper District. If a petition is filed in the proper

More information

A CITIZEN S GUIDE: YOUR RIGHTS AFTER A SMALL CLAIMS JUDGMENT

A CITIZEN S GUIDE: YOUR RIGHTS AFTER A SMALL CLAIMS JUDGMENT A CITIZEN S GUIDE: YOUR RIGHTS AFTER A SMALL CLAIMS JUDGMENT This Guide explains the procedures for collecting on a Small Claims judgment. Getting a judgment in a Small Claims case is just half the battle

More information

Durable Power of Attorney For Finances

Durable Power of Attorney For Finances Durable Power of Attorney For Finances Choosing Someone to Handle Your Property And Finances in Case of Disability Washtenaw County Probate Court Shared/Social/Resources/DPOA for Finances FOREWORD We all

More information

CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS. The City of Edmonds ( City ), Washington, is requesting proposals from well

CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS. The City of Edmonds ( City ), Washington, is requesting proposals from well CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS The City of Edmonds ( City ), Washington, is requesting proposals from well qualified attorneys interested in providing legal representation

More information

Maryland, like several states in the Mid Atlantic, has a two tier judicial structure at the trial level.

Maryland, like several states in the Mid Atlantic, has a two tier judicial structure at the trial level. Maryland Debt Collection Laws Submitted Thomas A. Mauro, Esq., Mauro Law Offices, P.C. www.tmaurolaw.com Published by The National List of Attorneys www.nationallist.com Thomas A. Mauro is the senior member

More information

James Patrick Wilson. Page 1 of 5. Education

James Patrick Wilson. Page 1 of 5. Education Education Juris Doctor, Florida State University College of Law, Tallahassee, FL Bachelor of Science, Florida State University, Tallahassee, FL Associate in Arts, Indian River Community College, Fort Pierce,

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need

More information

THE TITLE GUARANTY: AN ATTRACTIVE IMPORT. Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP

THE TITLE GUARANTY: AN ATTRACTIVE IMPORT. Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP THE TITLE GUARANTY: AN ATTRACTIVE IMPORT Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP As nearly every investor in Poland knows, Poland s turbulent past can create considerable confusion over

More information

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures This agreement is entered into by and between the undersigned and David Gaffney, Attorney At Law, doing business as Gaffney Law

More information