What to Do if Your Civil Litigation Client Files Bankruptcy

The answer definitely is not to continue with the litigation as though nothing has changed.

Can the Bankruptcy Judge Sign Your Judgment?

Following a series of recent United States Supreme Court cases, a bankruptcy judge’s authority to make a final, binding decision, reviewable only on appeal, has been placed in doubt.

An Interview with Chapter 13 Trustee Martha Bronitsky

Since the Bankruptcy Abuse Prevention and Consumer Protection Act was passed, practicing in the bankruptcy field has been a lot more exciting.

Recent Developments in Student Loans and Bankruptcy

A debtor with federal loans is more likely to have options, while very little relief is available for private loans. But what can be done where relief is not available through the lender?

Commercial Tenants Who File Bankruptcy

In the bankruptcy proceeding, the tenant lists the lease as part of his assets. What happens to the lease in the bankruptcy proceeding?

Sham Guaranty Defense and the Effect of Lawlor

While Lawlor seems to be applying a standard of “no legal separation” for application of the sham guaranty defense, none of the cases cited by Lawlor use that phrase.

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  • The Ethics Corner: Avoiding Fraudulent Conduct

    The Ethics Corner: Avoiding Fraudulent Conduct

    What should a bankruptcy lawyer be required to do to verify the legitimacy of the client’s statements and position? If the lawyer takes what the client says at face value, when is that not enough?

  • The Perfect Family

    The Perfect Family

    In prior “Stories from the Bray Building,” Judge Carlton encountered Three Strikes, mental health, legal ethics, incarceration and contentious civil litigation. Now he presides over a difficult civil trial.

  • Coffee Talk: What is your favorite local restaurant and why?

    Coffee Talk: What is your favorite local restaurant and why?

    As a West County resident, I’m particularly fond of Elevation 66 in El Cerrito. It’s our local brewpub but also serves fare that makes foodies happy.

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  • Inside

  • Guest Editor's Column, October 2014

    Guest Editor’s Column, October 2014

    Sometimes you are at the corner of “I have a great case I am working on,” and “Oh no! My client just filed bankruptcy!” What do you do?

  • It's About People

    It’s About People

    I’d like to take this opportunity to give a heartfelt THANK YOU to Lisa Reep, who will be retiring this month as Executive Director.

  • Summer Reading

    Summer Reading

    For a change of pace in your reading matter for the summer, we asked our membership to write about, or let themselves be interviewed about, their hobbies.

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