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Bankruptcy Chapter 13

A Second Bite at the Apple: When a Debtor Can Obtain a Discharge in a Chapter 13 Case Even After Her Discharge is Denied or Revoked in an Earlier Chapter 7 Case

A debtor whose discharged is denied or revoked in a Chapter 7 case cannot discharge in a later Chapter 7 case claims incurred before the prior case. 11 U.S.C. §523(a)(10). However, for individuals who qualify for Chapter 13, the denial or revocation of discharge in an earlier Chapter 7 case might not preclude the granting of a so-called “super-discharge” in a later-filed Chapter …

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Blog

THE RULE OF LAW

Most lawyers join bar associations for networking, community service and professional development. I joined the Century City Bar Association for a different reason. I had lost an important case and believed the law was unfair as written. I was upset. I knew that California was more focused on statutes than judge-made law and that the BHBA was very active in law reform through the Conference of …

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A Very Bad Friday the Thirteenth

Friday the 13 th (of November) was a very bad day. My Friday began with a report of an Israeli family ambushed on the road south of Hebron, father and son dead, mother and daughter injured in the back of their van, when the Red Crescent ambulance passed by and decided not to stop for Israelis. It ended with the six separate systematic attacks and 129 deaths in Paris. President Obama said it was …

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Career Advice to My 26 Year Old Self

January 23rd was the 46th anniversary of the day I became a member of the California Bar. I had passed the July Bar Exam, was clerking for US District Judge Milton Pollack in Manhattan when I passed, and got permission to be admitted in absentia by any court of record. I asked Judge Pollack to swear me in, in his chambers. “Do you solemnly promise to do whatever it says you’re supposed …

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Civility

Civility in the Age of Political Circus

According to the Guidelines for Civility in Litigation in effect in our courts, “Counsel should at all times be civil and courteous in communicating with adversaries, whether in writing or orally.”1 Just how does that compare with the March 3rd Republican Debate? “CRUZ: Breathe, breathe, breathe. TRUMP: Lyin’ Ted. CRUZ: You can do it. You can breathe. I know it’s …

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Blog

The Rest of the Story

Paul Harvey, a conservative radio broadcaster who passed away in 2009, had a long-running radio show, which included segments called “The Rest of the Story.” Harvey pointed out the unknown and unexpected aspects of familiar subjects. Which made me recall three recent signature BHBA events, and how we learned the rest of the story. For example, Morgan Chu, partner at Irell & Manella …