Trustee Blog

In re Bellingham seminar: Part two

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Previously on July 21, 2014, I posted on the July 19 seminar called In Re Bellingham: The Insiders view.  Here are the rest of my observations:

Professor Pottow explained the workings  of the Appellate process at the Supreme Court.  What was what interesting to me was that Professor Pottow was that he had never argued a case. In order to practice for the argument, he went to various moot courts across the country in the space of a week. He practiced in front of five moot court in one week.  It was a amazing, in addition, Jon Hays said that he watched the argument in front of the US Supreme Court and that he watched Professor Pottow argue and that Pottow used no notes whatsoever. The Professor did the entire hearing without even a pencil in his hand.

 

After listening to Professor Pottow in the Symposium, he is the real deal. He knew his stuff and was a wealth of knowledge.   The panel said the next big US Supreme Court bankruptcy case appears to be “In Wellness” (Wellness International Net-Work,Ltd v. Sharif, 727 F. 3d 751 (7th Cir. 2013):  “Does bankruptcy court have the statutory power, under section 157, to enter final judgment where the plaintiff is seeking a ruling that the debtor is an alter ego of a trust, i.e., is it a core matter?  … Can the parties consent to entry of final judgment here, i.e., can the right to require an Article III court to hear the matter be waived?  In the Seventh Circuit, the Judge s said that the parties could not consent in a bankruptcy court.

Now the matter is in front of the US Supreme Court . The argument will be in January 2015.

Judge Jury talked about her case (In re Washington Coast). There is no more implied consent to be in the bankruptcy case. All has to be consent or waive/ forfeited since not raised at trial. “This is as core and you can get” said the Ninth Circuit.

Practice Pointer: The cdcbaa is the Central District of California Bankruptcy Attorney’s Association.  After the program, Judge Meredith A. Jury sent the following to the organization:

I was honored to be ask to do a program with such learned colleagues.  It was fun and a learning experience for me.  Your organization provides a vital service to the bar and therefore also to the courts in training for professional advocacy.  I will always be available to assist you with future programs.

 Meredith Jury

I agree with Judge Jury that the cdcbaa is a valuable organization for consumer bankruptcy attorneys and urge you all to join.

mg

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