Executive Committee Meeting
(November 12, 2015)
Deadline for Comments on Proposed Local Rules and Forms is October 30, 2015.
(October 27, 2015)
Proposed changes to the Local Bankruptcy Rules (LBRs) and Local Bankruptcy Forms (LBFs) have been posted for review. If adopted, these rule and form changes will be effective December 1, 2015. Comments on the proposed changes are invited and must be submitted by October 30, 2015.
COMMENT HERE
Oregon Bankruptcy Court plans to go live with NextGen on September 28.
(September 14, 2015)
Oregon Bankruptcy Court NextGen
Debtor Creditor Annual Meeting September 18 & 19 at Sunriver Lodge
(August 5, 2015)
There is a limited block of rooms reserved for this event at the Sunriver Resort, 17600 Center Drive, Sunriver, Oregon 97707 at special rates starting at $169.00 plus tax depending on room or suite type only through August 18, 2015. To reserve rooms: Contact the Sunriver Resort at 1-800-547-3922. Please be sure to mention the Oregon State Bar Debtor-Creditor Section.
There will be Golf! – Sunriver Resort, Woodlands Course (no host; greens fees can be paid at the pro shop on the day of the event); Contact Tom Stilley at (503) 243-1649 or [email protected] for more information.
Registration for Debtor Creditor CLE Seminar
Investiture for Judge Peter McKittrick
(March 13, 2015)
4:00 pm, Mark O. Hatfield United States Courthouse, Ceremonial Courtroom, 16th Floor, 1000 SW Third Avenue, Portland, Oregon 97204. Proper picture ID needed for entry. Reception to Follow: 5 – 6:30 pm, First Floor Lobby. RSVP by March 19, 2015 to [email protected].
Retirement Dinner for Honorable Elizabeth L. Perris
(December 19, 2014)
The Debtor-Creditor Section is planning a retirement dinner party to honor our friend and judge, the Honorable Elizabeth L. Perris, who is stepping down effective January 11, 2015. The dinner party will be held on Friday, February 20, 2015 in the Grand Ballroom at the Multnomah Athletic Club in Portland.
Saturday Session 2015
(December 18, 2014)
As we have done in recent years, the planning committee is soliciting the input of all section members on topics of interest and issues affecting our section and practice in our bankruptcy courts. This year, the survey consists of a single question: If you could change one Oregon bankruptcy court procedure or practice, what would it be? Regardless of whether or not you will be able to attend the event, we ask that you complete the survey so that your issues and ideas can be considered as part of the discussions. The survey is completely anonymous and can be completed at the following link: Survey Form
Circle of Love
(December 17, 2014)
28th Annual Northwest Bankruptcy Institute
(December 16, 2014)
Marriott Waterfront Registration
Do you want to be a chapter 13 trustee?
(June 24, 2014)
Do you want to be a chapter 13 trustee? If so, now is your chance. The United States Trustee is seeking applicants for the position of standing chapter 13 bankruptcy trustee for the District of Oregon, Eugene Division. Further information on the application process and required qualifications can be found in the formal announcement. Deadline for application is July 31, 2014.
Bankruptcy in the Cathedral (Free)
(June 13, 2014)
The USDCHS is putting on a 1 hour CLE on June 26th at 4 pm re. the Archdiocese Bankruptcy. Bankruptcy Judge Perris, Howard Levine, Al Kennedy, Erin Olson and Tom Dulcich will be the speakers. The Annual Bench and Bar Social will immediately follow the CLE.
PLF CEO Job Opening
(April 23, 2014)
The Professional Liability Fund is seeking a new CEO with a desired start date of August 1, 2014. This could be you. If you are interested in this position with the PLF (an EQUAL OPPORTUNITY EMPLOYER), see the job announcementor visit the PLF website at www.osbplf.org/CEOsearch
Bankruptcy Judgeship Opportunity,
District of Oregon – Portland
(March 10, 2014)
The Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for the
position of Bankruptcy Judge for the District of Oregon, Portland Division. This position will be available on January 11, 2015. The selection process may take up to 10 months to complete. The official duty station for this position will be in Portland, OR.
The term of office is 14 years with a possible renewal appointment subject to reappointment procedures.
The current salary is $183,172 per annum. Relocation expenses are not reimbursable.
The Court of Appeals uses an open and competitive selection process. All applications are screened by
a Merit Screening Committee, which selects a limited number of applicants for interview and contacts their references. From the initial group of interviewees, selected applicants will be referred for further interview by a Judicial Council committee, which then submits a recommendation of nomination to the Court of Appeals. The selected nominee will be required to satisfy FBI and IRS background investigations prior to appointment.
Basic qualifications for consideration include: (1) admission to practice before the highest court of at
least one state, the District of Columbia, or the Commonwealth of Puerto Rico; (2) membership in good
standing in every bar in which membership is held; and (3) at least five years of legal practice experience
(certain other legal experience may be substituted). Applicants are considered without regard to race, color, gender, religion, national origin, age, disability, or sexual orientation.
Application forms and more information may be obtained by contacting the address and/or
telephone/fax numbers listed below. The Ninth Circuit Bankruptcy Judge Application may also be downloaded from our website at www.ca9.uscourts.gov. Applicants are advised to allow for sufficient time to complete and submit the application. One completed and signed original (and one copy) must be sent to the Office of the Circuit Executive. One scanned version of the completed application must be uploaded to the Ninth Circuit Bankruptcy Judge Application System (https://judgeship.ce9.uscourts.gov). Applications must be in the format required by the Ninth Circuit and received by 5 p.m., Thursday, May 29, 2014.
To be considered, letters of reference (though optional) must be submitted with the original (and one copy) application and must be uploaded with the scanned application.
Application forms may also be obtained by contacting:
Tina Eve Brier, Assistant Circuit Executive for Human Resources
Office of the Circuit Executive
Telephone: (415) 355-8910
95 Seventh Street, Suite 429
Fax: (415) 355-8901
San Francisco, CA 94103-1518
[email protected]
Attn: Bankruptcy Recruitment, OR
judgeship.ce9.uscourts.gov
Deadline for receipt of all completed application materials: Thursday, May 29, 2014, 5 p.m.
The United States Courts are Equal Opportunity Employers.
27th Annual Northwest Bankruptcy Institute
(March 10, 2014)
27th Annual Northwest Bankruptcy Institute
Category: Debtor/Creditor
$25 Print course materials
$35 WOMBAT Lunch (Saturday, 4/26/14)
Electronic course materials and a print copy of Chapter 13 Bankruptcy (4th ed.) are included with registration.
Accommodations: Special room rates starting at $219 are available through March 27, 2014. Click here or call the Grand Hyatt Seattle direct at (206) 774-1234 or (888) 421-1442 (toll-free) to make your reservation today! Be sure to mention that you are attending the Oregon State Bar Northwest Bankruptcy Institute to receive the special rate.
Cosponsored by the Washington State Bar Association Creditor Debtor Rights Section and the Oregon State Bar Debtor-Creditor Section.
Featuring:
• A Chapter 13 update with the Honorable Keith Lundin and Henry Hildebrand, III
• A live demonstration of how to use expert witnesses
• Perspectives from a panel of bankruptcy court clerks
• A comparison of mediation versus judicial settlement conferences
Oregon: 11 General CLE credits
Washington: Credits pending
Register by Saturday, April 5, 2014, and save $20. Questions? Call the OSB CLE Service Center at (503) 431-6413 or toll-free at (800) 452-8260, ext. 413, for personal assistance. Click here to register.
Special Accommodations: Please call (503) 431-6352 or toll-free at (800) 452-8260, ext. 352, at least 72 hours before the date of the seminar.
Click here for a brochure
Legislative Proposals
(January 10, 2014)
Section legislative proposals for the 2015 legislative session must be submitted by April 4, 2014, to the Bar’s Public Affairs Committee.
Court Action on Proposed Local Bankruptcy Rules and Forms Annual Report and Recommendations
(November 5, 2013)
On September 18, 2013, the section’s Local Bankruptcy Rules and Forms committee transmitted to bankruptcy court clerk Charlene Hiss the committee’s annual report with recommendations for changes to LBRs and LBFs, a proposed revised chapter 13 plan form, and a comparison version of the proposed revised plan to the current plan. On November 5, 2013, the court posted on its Web site the LBR and LBF changes that will take effect on December 1, 2013. The committee’s proposed revised chapter 13 plan was not among the LBF changes that the court adopted, but the committee understands that the court continues to consider that proposal.
New Federal Bankruptcy Exemptions Effective July 2, 2013
(July 1, 2013)
Governor Kitzhaber has signed SB396 into law and Oregon debtors now have the opportunity to elect federal exemptions or Oregon exemptions when filing bankruptcy. SB396 reversed the 30 year ban on use of federal exemptions in Oregon bankruptcy cases. The bill contained an emergency clause and federal exemptions can be used in all bankruptcy cases filed after July 1, 2013. This is new for those lawyers who have not practiced in Washington or another jurisdiction with federal exemptions available. It is particularly important for all bankruptcy lawyers filing cases in Oregon to evaluate their case carefully to see if federal exemptions would be more favorable for their clients.
To illustrate some of the options now available to Oregon debtors, Todd Trierweiler and Michael O’Brien helped me put together a one page cheat sheet that is being posted on the Debtor/Creditor website. We are the three Certified Consumer Bankruptcy Specialists in Oregon certified by the American Board of Certification. As NACBA Oregon Chair I have also included a more comprehensive list of federal exemptions, many of which are available for use in conjunction with Oregon exemptions.
This lobbying effort was a legislative project of the National Association of Consumer Bankruptcy Attorneys (NACBA).
Oregon consumer bankruptcy attorneys now have a dedicated exemption for Health Savings Accounts when using Oregon exemptions or we can elect federal bankruptcy exemptions for our clients and have access to a wildcard exemption that can be used in conjunction with any other federal exemption with an added amount of up to $12,725 for an individual or $25,450 for a couple when not used for homestead purposes.
Kent Anderson
Debtor Creditor Website Chair
888 West Park Street
Eugene, OR 97401
Useful Links for Federal Exemption Analysis:
Exemptions Comparison Chart Oregon and Federall
NACBA Provided List of Federal Exemptions
NACBA Provided List of Federal Exemptions
Executive Committee Meetings Scheduled for 2013
(April 5, 2013)
The Executive Committee of the Debtor/Creditor Section has provided this schedule to help avoid conflicts with other meetings. All members are welcome to attend the meetings. To the extent the meeting dates and times have been determined, they are as follows:
September 26, 2013, 3:00 PM at the Annual Meeting at Salishan
November 8th, 2013 at a Portland location to be announced
APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES
(March 28, 2013)
Chapter 7 trustees receive compensation and reimbursement for expenses, in each case in which they serve, pursuant to court order under 11 U.S.C. §326 and §330. The minimum qualifications for appointment are set forth in 28 C.F.R. § 58.3. To be
eligible for appointment, an applicant must possess strong administrative, financial and interpersonal skills. Fiduciary and bankruptcy experience is desirable but not mandatory.
A successful applicant will be required to undergo a background check, and must qualify to be bonded. Although chapter 7 trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment.
Forward resumes to the United States Trustee, Attn: Barbara Mitchell, 700 Stewart
Street, Ste 5103, Seattle, WA 98101. All resumes should be received on or before April 19, 2013.
Bankruptcy Saturday Session, Salem
(February 21, 2013)
Date: March 9, 2013
Time: 8:30 AM – 12:30 AM
Location: Salem Conference Center, 200 Commercial Street SE, Salem, Oregon 97301.
This year’s Saturday Session will return to the original purpose of the Saturday Session, which is to promote an exchange of views regarding problems and potential improvements in the Oregon bankruptcy system. No CLE credit will be sought for this event. This year’s discussion topics will be mindful of the shrinking resources available to the bankruptcy courts, and increased financial pressure on practitioners. Saturday Session attendance will be strictly limited to 50 people to enable a productive dialog. There are still spaces available. For registration information, please contact Sarah A. Filcher.
To assist us in shaping the dialogue at the Saturday Session and maintaining the high level of services provided by the bankruptcy court, please complete the attached survey. All responses are anonymous, but results will be compiled or summarized and distributed at Saturday Session. The survey is open to all members of the Debtor-Creditor Section whether or not you are attending Saturday Session. Before you attempt to complete it, you may want to read the questions. They call for open ended answers about possible improvements to the current court systems. A pdf copy of the survey is here. Once you have read the questions and are ready to contribute to this process, follow the link to the survey and answer the questions.
New Foreclosure Prevention Website
(October 2, 2012)
This new site contains multiple links to various state agencies and a search tool for locating HUD certified housing counselors. This is an important resource for lawyers and their clients in the battle to prevent foreclosure and keep families in their homes.
Bankruptcy Court’s Proposed Local Bankruptcy Rules and Forms Revisions
(September 24, 2012)
The bankruptcy court has posted on its web site proposed amendments to local bankruptcy rules and forms. See Court News & Announcements on the right. Comments are due to the court here by October 24, 2012. The court’s document states that a majority of the proposed revisions were recommended to the court by the section’s Local Bankruptcy Rules and Forms Committee. .
Debtor/Creditor 2012 Annual Meeting at the Governor Hotel, October 19th & 20th
(August 2, 2012)
The Games People Play
2012 Debtor-Creditor Section
CLE and Annual Meeting
Friday and Saturday, October 19-20, 2012
Governor Hotel
614 SW 11th Avenue
Portland, Oregon 97205
The organizers will be requesting 6.5 General Credits, 1 Ethics Credit, and 1 Optional Child Abuse Reporting Credit
25th Annual Northwest Bankruptcy Institute — Seattle April 27 & 28, 2012
(March 8, 2012)
Oregon: 9.75 General CLE credits (including .5 General CLE credit for lunch presentation) and 1 Ethics credit
Washington: 8.75 General CLE credits and 1 Ethics credit
With mortgage foreclosures continuing to make the headlines, this year’s bankruptcy institute will include an in-depth look into mortgage management and litigation with a panel of local experts and guest presenters, including the Honorable Keith Lundin and Chapter 13 Trustees Hank Hildebrand and Ronda Winnecour.
Other plenary topics will cover bankruptcy decisions in the U.S. Supreme Court, debtors and their LLCs and LLPs, and Chapter 13 recent developments. Professor Mark Yochum will address legal ethics in his presentation, “Positional Conflicts, Pro Bono Publico, and Oaths.” Four breakout sessions will take a look at Schwab and other exemption topics; the perils and pitfalls of first-day motions; drafting Chapter 13 plans; and judicial authority under Stern v. Marshall. The lunch presentation will feature Eric Brunstad sharing his experience arguing a bankruptcy case before the U.S. Supreme Court.
Register by April 6 and save $20. Online registration is available at www.osbar.org/events. For personal service, please call the OSB CLE Service Center at (503) 431-6413 or toll-free in Oregon at (800) 452-8260, ext. 413.
Judge Renn Investiture Held
(January 10, 2012)
***UPDATE*** The maintenance for November 19 will be handled via alternate means Website to be Shut Down Saturday November 19
(November 17, 2011)
***UPDATE*** The maintenance for November 19 will be handled via alternate meansThe Debtor-Creditor Section Website will be down for maintenance on Saturday, November 19, 2011, from about 6:00 am until late in the day. The Website and listservs will not be operational during this time. Sorry for the inconvenience.
New Local Bankruptcy Rules and Forms
(November 11, 2011)
New Local Bankruptcy Rules, effective December 1, 2011, have been posted on the website. Several updated Local Bankruptcy Forms (LBFs 100, 115, and 335.5, which implement the 11/1/11 fee changes, and 720, 720.80, 721.3, and 721.5) have also been posted. These are effective December 1 but may be used immediately. Click on the links on the home page on the Bankruptcy Court’s website under Court News & Announcements for both new LBRs and updated LBFs.
Thomas M. Renn Appointed Bankruptcy Judge
(October 27, 2011)
Portland trustee and attorney Thomas M. Renn has been appointed to serve as a judge of the U.S. Bankruptcy Court for the District of Oregon. Mr. Renn took his oath of office on Friday, October 28, 2011 in Eugene, where he will maintain chambers. More details are listed on the Oregon Bankruptcy Court website.
New Court Fees Effective 11/1/11
(October 17, 2011)
The Judicial Conference has approved new bankruptcy court fees due to inflationary adjustments, effective November 1, 2011. To see the new fees, go to the bankruptcy court’s website. The court has also updated Local Bankruptcy Forms 100, 115, and 335.5, which implement the 11/1/11 fee changes, as part of the new Local Bankruptcy Rules and Forms.
COMMENTS ON PROPOSED RULES DUE FRIDAY
(October 17, 2011)
BAP Brown Bag Lunch Presentation
(September 28, 2011)
On Thursday, October 20, 2011 from noon to 1:30 pm, visiting judges and law clerks from the 9th Circuit BAP will give an informal presentation on the BAP. Section members are invited and their questions are welcomed. Location: 8th floor conference room, 1001 SW 5th Ave. (Portland office of the Bankruptcy Court). (Bring your own lunch; space is limited).
Proposed Update to Local Bankruptcy Rules
(September 28, 2011)
Proposed revisions to Local Bankruptcy Rules and Forms are available for public comment and are posted on the court’s website; see the link on the Oregon Bankruptcy Court home page under Court News & Announcements. Comments must be made by October 21, 2011.
Section Holds Successful Annual Meeting and CLE Program
(September 20, 2011)
The Debtor-Creditor Section held a very successful Annual Meeting and CLE Program at Mt. Bachelor Village Resort in Bend on September 16-17, 2011. The Program, entitled “High Desert Roundup” was well-attended and had a high quality CLE seminar and social activities including a Western BBQ and dance.
The 2012 Section Officers and Executive Committee members are as follows:
Chair: Tara J. Schleicher
Chair-Elect: Susan S. Ford
Past Chair: Patrick W. Wade
Treasurer: M. Caroline Cantrell
Secretary: David W. Hercher
Members-At-Large (Terms Ending 12/31/13)
Wayne Godare
Howard J. Newman
Karen M. Oakes
E. Clarke Balcom
Keith D. Karnes
Members-At-Large (Terms Ending 12/31/12)
Hon. Frank R. Alley III
Christopher N. Coyle
Justin D. Leonard
Thomas M. Orr
Milly Whatley
PUBLIC NOTICE — APPOINTMENT TO EUGENE PANEL OF CHAPTER 7 TRUSTEES
(August 24, 2011)
PUBLIC NOTICE — APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES
The United States Trustee for Region 18 seeks resumes from persons wishing to be considered for appointment to the panel of trustees who administer cases filed under chapter 7 of the bankruptcy code. The appointment is for cases filed in the United States Bankruptcy Court for the District of Oregon, primarily in the southern counties of the Eugene Division. Chapter 7 trustees receive compensation and reimbursement for expenses, in each case in which they serve, pursuant to court order under 11 U.S.C. §326 and §330. The minimum qualifications for appointment are set forth in 28 C.F.R. § 58.4. To be eligible for appointment, an applicant must possess strong administrative, financial and interpersonal skills. Fiduciary and bankruptcy experience is desirable but not mandatory.
A successful applicant will be required to undergo a background check, and must qualify to be bonded. Although chapter 7 trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment.
Forward resumes to the United States Trustee, Attn: Barbara Mitchell, 700 Stewart Street, Ste 5103, Seattle, WA 98101. All resumes should be received on or before September 9, 2011.
Crossing the Bridge: State and Federal Practice
(August 22, 2011)
The U.S. District Court for the District of Oregon and the Oregon Chapter of the
Federal Bar Association present Crossing the Bridge: State and Federal Practice
Sept. 9, 2011, 11:00 a.m. to 3:00 p.m.
Deschutes Brewery, The Mountain Room
901 S.W. Simpson Ave., Bend, Oregon 97702
Program
11:00 a.m. to 12:30 p.m. Employment/Government Workplace Searches
Dwight Holton, U.S. Attorney, District of Oregon
Steve Wax, Federal Public Defender, District of Oregon
Paula Barran, Barran Liebman
David Angeli, Angeli Law Firm
Kurt Barker, Moderator, Karnopp Petersen
12:30 p.m. to 1:30 p.m. Lunch (hosted)
1:30 p.m. to 3:00 p.m. Judges’ Trial Tips
Magistrate Judge Tom Coffin, Eugene
U.S. District Court Judge Marco Hernandez, Portland
Magistrate Judge Pat Sullivan, Pendleton
Deschutes County Circuit Court Presiding Judge Michael Sullivan
Deschutes County Circuit Court Judge Michael Adler
Crook and Jefferson Counties Presiding Judge Daniel Ahern
Josh Newton, Moderator, Karnopp Petersen
3:00 p.m. to 4:00 p.m. Reception, Mountain Room
Hosted by Karnopp Petersen
Registration Fee: $25.00
Register and pay with Paypal or send a check made payable to “FBA Oregon Chapter” to:
Jolie Russo, Hatfield U.S. Courthouse, 1000 SW 3rd Ave, Suite 1207, Portland, OR 97204
QUESTIONS? Contact Jolie Russo at [email protected].
Three hours of Continuing Legal Education credit pending.
Debtor-Creditor Annual Meeting and CLE
(August 12, 2011)
The 2011 Debtor-Creditor Section CLE and Annual Meeting. It will be held at Mt. Bachelor Village Resort, 19717 Mount Bachelor Drive, Bend, Oregon 97702. The program is scheduled from 1:00 p.m. until 5:45 p.m. on Friday, and 8:00 a.m. to 12:15 p.m. on Saturday.
The program’s title is “High Desert Roundup”, and includes topics such as hot topics in foreclosure, strategies for valuation in bankruptcy, enforcement of judgments–beyond the basics, and breakout sessions on consumer and business topics. It will also include a Judge’s Panel, ethics program, and case law and legislative updates. The event will include a box lunch on Friday before the program, a Western BBQ and dance after the program on Friday night with entertainment by “The County Line Band”, and a breakfast with the judges on Saturday morning.
You can access the brochure and register by clicking on the following link: https://debtorcreditor.osbar.org/files/2016/03/2011annualmeeting.pdf The bar now provides online registration (click the box on the form), although if you wish you may also still print the registration form and register in the conventional way.
There are a limited block of rooms reserved for this event at the Mt. Bachelor Village Resort at special rates ranging from $109 to $325 plus tax depending on room or suite type, only through August 15, 2011. To reserve rooms: Contact Mt. Bachelor Village at (800) 547-5204 or www.mtbachelorvillage.com. Please be sure to mention the Oregon State Bar Debtor-Creditor Section.
Judge Randall L. Dunn Reappointed
(July 21, 2011)
SAN FRANCISCO —Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit has announced the reappointment of federal Bankruptcy Judge Randall L. Dunn to the U.S. Bankruptcy Court for the District of Oregon. Judge Dunn, 61, maintains chambers in Portland. His reappointment to a second 14-year term will be effective February 1, 2012.
Judge Dunn was appointed to the bankruptcy bench of the District of Oregon in February 1998. He was appointed in 2006 to the Ninth Circuit’s Bankruptcy Appellate Panel, which resolves appeals arising out of bankruptcy court decisions in nine western states and two Pacific Island jurisdictions. He served on the Conference Executive Committee, which plans the annual Ninth Circuit Judicial Conference, and was previously chairman of the Ninth Circuit Bankruptcy Judges Education Committee.
A native of Gary, Indiana, Judge Dunn earned a B.A. with honors from Northwestern University in 1972, and a J.D. in 1975 from Stanford Law School, where he was articles editor of the Stanford Law Review and a member of the Moot Court Board. Judge Dunn is currently president of the National Conference of Bankruptcy Judges.
WOMBATS Panel Discussion of Stern v. Marshall
(July 10, 2011)
The Women Bankruptcy Attorneys Group is meeting on September 1, 2011 for a panel discussion of the recent Supreme Court Decision in Stern v. Marshall ( 564 US ___ June 23, 2011). The case arises out of the litigation concerning the bankruptcy and probate estate of Anna Nicole Smith. Judges Elizabeth Perris and Frank Alley and attorney Teresa Pearson will facilitate an informal discussion of the case.
Many commentators have viewed this opinion as the most important decision limiting bankruptcy court jurisdiction since Marathon with potentially wide-ranging ramifications.” The majority opinion predicted that its holding that the bankruptcy court cannot enter a final judgment on a state law counterclaim that is not resolved as part of the claims process will only impact a small number of cases on limit bankruptcy court jurisdiction in “one isolated respect.” The dissent argued that the impact of the limitation on the bankruptcy court’s jurisdiction is far from isolated and will lead to “a constitutionally required game of jurisdictional ping-pong between courts [that will] lead to inefficiency, increased cost, delay, and needless additional suffering among those faced with bankruptcy.”
Please bring a brown bag lunch and meet with other attorneys to discuss the case and network with other bankruptcy attorneys.
The meeting will be held on September 1, 2011 from 11:45 AM to 1:15 PM at the U.S. Bankruptcy Court, 8th Floor Conference Room, 1001 SW Fifth Ave. in Portland, Oregon. We hope to facilitate a video hookup with the bankruptcy court in Eugene so that members in Eugene can also participate.
We will apply for one hour CLE credit for the program.
If you have suggestions for speakers or topics for future meetings, please contact Laura Walker at [email protected].
Appointment to Panel of Chapter 7 Trustees
(June 30, 2011)
PUBLIC NOTICE
APPOINTMENT TO PANEL OF CHAPTER 7 TRUSTEES
The United States Trustee seeks resumes from persons wishing to be considered for appointment to the panel of trustees who administer cases filed under chapter 7 of the bankruptcy code. The appointment is for cases filed in the United States Bankruptcy Court for the District of Oregon, Portland Division. Chapter 7 trustees receive compensation and reimbursement for expenses, in each case in which they serve, pursuant to court order under 11 U.S.C. §326 and §330.
The minimum qualifications for appointment are set forth in 28 C.F.R. § 58.4. To be eligible for appointment, an applicant must possess strong administrative, financial and interpersonal skills. Fiduciary and bankruptcy experience is desirable but not mandatory. A successful applicant will be required to undergo a background check, and must qualify to be bonded. Although chapter 7 trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment.
Forward resumes to the United States Trustee, Attn: Barbara Mitchell, 700 Stewart Street, Ste 5103, Seattle, WA 98101. All resumes should be received on or before July 27, 2011.
Reception for Bankruptcy Judges Attending Federal Judicial Center Workshop
(June 30, 2011)
Mark O. Hatfield Federal Courthouse, 1000 S.W. Third Avenue, Portland, Oregon. 5:30 pm to 7:30 pm. All Section members and FBA members are invited to attend free of charge. The no-host reception will feature Oregon wines and microbrews, hors d’oeuvres, and desserts. If you are interested in attending, RSVP required by 7/12/11 to [email protected].
Wireless Internet Access Now Available
(June 12, 2011)
Wireless Internet access is now available in both the Portland and Eugene courtrooms. For access information, please see the acceptable use policy. To receive the necessary access key, please contact the ECF Help Desk or Courtroom Deputy prior to your hearing or trial. The service is brought to you by the District Court’s attorney admissions fund.
Mandatory Bankruptcy Electronic Filing for Creditors
(April 11, 2011)
Creditors filing more than 10 claims or other documents per year must electronically file with the Bankruptcy Court by June 1, 2011. For details, please check the Oregon Bankruptcy Court’s website at www.orb.uscourts.gov for resources including ECF information, training materials, and other useful resources.
Reappointment of Judge Randall L. Dunn
(April 11, 2011)
The U.S. Court of Appeals for the Ninth Circuit invites comments from the Bar and the Public prior to the reappointment of Judge Randall L. Dunn. Judge Dunn’s current term is due to expire in January 2012. For details, please check the Oregon Bankruptcy Court’s website at www.orb.uscourts.gov. May 6, 2011 is the deadline for comments.
24th Annual Northwest Bankruptcy Institute
(March 23, 2011)
This year’s Institute focuses on the litigation aspects of bankruptcy and features local experts and guest presenters, including the Honorable Bruce Markell, the Honorable Linda Riegle, and the Honorable Randall Newsome (ret.). Plenary topics include ethics, bankruptcy litigation, tips and traps for handling individual chapter 11 cases, U.S. Trustee litigation, and an economic outlook on bankruptcy and real estate. Online registration is available at www.osbar.org/events, or you can call the OSB CLE Service Center at 503-431-6413 or 800-452-8260, ext. 413 in Oregon.
US District Court Creates Panel of Foreclosure Mediators
(March 4, 2011)
The U.S. District Court for the District of Oregon has created a special panel of Court-sponsored mediators available to mediate foreclosure cases. Many of the mediators on the panel attended the recent Court-hosted CLE presentation, “Foreclosure Law & Current Litigation Issues in Oregon,” presented by Patrick Wade and Terry Slominski. Other panel members were able to review the video and written materials from the CLE.
In accordance with Local Rule 16-4, mediators on the foreclosure panel have agreed to provide eight hours of mediation (four hours per case) at no cost to litigants and to continue, if needed, at a rate agreed to by the parties and the mediator. Mediators are available in Ashland, Eugene, and Portland. Efforts are being made to recruit mediators in Bend and other Eastern Oregon areas.
Parties in any case pending before the Court may request mediation by filing a motion requesting that the case be referred to the Court-sponsored Mediation Panel.
For more Alternative Dispute Resolution (ADR) information and panel member contact information, visit the website at http://ord.uscourts.gov/alternative-dispute-resolution/district-adr-program.
Bankruptcy Court Announces Case Reassignments
(February 3, 2011)
February 2, 2011
We face the prospect of running as a four judge court for the next 10-14 months. In order to keep the caseload evenly distributed among the judges we are reassigning existing Eugene Division cases and adversary proceedings, and will change the assignment of new cases until a new judge is sworn in.
Generally, all cases filed in the Eugene Division will continue as Eugene cases, even if assigned to a Portland Judge. Case numbers will continue to start with “6”, and include the assigned judge’s initials.
Hearings may be by phone or video, or in court in either city, depending on the judge and the case. If a case is set for court in Portland and you wish to appear by phone, make sure you comply with the assigned judge’s requirements for phone requests.
Filing and Administration: Eugene Division cases will still be filed in Eugene, and assigned to Case Administrators in the same manner as before.
Chapter 7: All cases originating in Benton, Lincoln, Linn, Marion and Polk Counties (“Northern Counties”) will be reassigned to Judge Brown. All cases originating in Coos, Curry, Douglas, Jackson, Josephine, Klamath and Lake and Lane Counties (“Southern”) will be assigned to me.
Chapter 13: Cases from Northern Counties will be assigned to Judge Perris and “Fast Track” rules in accordance with LBR 3015-3 (c)(2) will apply. Judge Dunn will be taking on more Portland Division cases to even the load. Southern cases will all be assigned to me.
Chapter 11: For the time being, all Eugene Division Chapter 11 cases will stay with me. After review, some will be transferred to Portland Judges. Criteria will include location of the case and parties, location of the attorneys, complexity of the case, and the Judges’ workloads. New Eugene 11 cases will be assigned to me initially, subject to the same reassignment process. I will hear expedited matters such as emergency first day orders, payroll motions, and the like unless the case has been reassigned. Filers should check with the Clerk, or Chambers.
Chapter 12: All Chapter 12 cases in the Eugene Division will be assigned to me.
Current matters: Current matters include cases that were previously assigned hearing times in Judge Radcliffe’s court. Initial Chapter 13 confirmation hearings scheduled to be heard before March 16 will all be reassigned to me, and heard at the time originally scheduled. Judge Perris will handle further activity in the Northern cases. Initial confirmation hearings originally set on April 5 and 19 will be terminated and Southern cases transferred to me, Northern cases transferred to Judge Perris. All initial confirmation hearings scheduled in Northern cases filed on or after January 27 will be heard by Judge Perris. Non-evidentiary hearings will be scheduled via telephone. Other matters arising in Northern cases may be reassigned, or kept in my court in Eugene. Please check the docket or the judges’ calendars on the court website if you have questions.
Adversary Proceedings: Adversary proceedings out of the North will be reassigned to the judge the main case is assigned. However, Northern cases originally assigned to me may stay if close to trial, or if I have already done a material amount of pre-trial work in the case.
Motions for Relief: I will hear the currently scheduled initial motions for relief on February 3 and 10. Cases heard on these two dates will be reassigned based on our “rules” after the hearing. If a case is continued it will be reset according to the assigned judge’s preference.
All future initial motions for relief will be heard by Portland Judges on the regular Tuesday calendar. In light of our heavier case loads, waivers of the 30 day rule will be helpful.
Frank Alley
Chief Bankruptcy Judge
US Bankruptcy Court – District of Oregon
Bankruptcy Judgeship Announcement
(February 2, 2011)
The U.S. Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for the position of Bankruptcy Judge for the District of Oregon. The selection process may take up to 10 months to complete. The official duty station for this position will be in Eugene, Oregon.
The term of office is 14 years with a possible renewal appointment subject to applicable reappointment procedures. The current salary is $160,080 per annum. No relocation expenses are payable. The Court of Appeals uses an open and competitive selection process. All applications are screened by a local Merit Screening Committee which selects a limited number of applicants for interview. The committee also contacts references of the interviewees. From the initial group of interviewees, a small number of applicants is referred for further interview by a committee of circuit judges which then submits a recommendation to the Court of Appeals. The court’s nominated applicants will undergo FBI and IRS background investigations prior to appointment.
Basic qualifications for consideration include: (1) admission to practice before the highest court of at least one state or the District of Columbia or the Commonwealth of Puerto Rico; (2) membership in good standing in every bar in which membership is held; and (3) at least five years of legal practice experience (certain other legal experience may be substituted). Applicants are considered without regard to their race,
color, gender, religion, national origin, age, disability, or sexual orientation.
Application forms and more information may be obtained by contacting the address and/or telephone/fax numbers listed below. The application may also be downloaded from our website at www.ce9.uscourts.gov. Applicants are advised to allow for sufficient time to complete and submit the application. Applications must be in the format required by the Ninth Circuit and received by 5 p.m., Thursday, March 17, 2011. All letters of reference (although optional) must be submitted with the original application.
Application forms may also be obtained by contacting:
Ms. Tina Brier, Assistant Circuit Executive for Human Resources
Office of the Circuit Executive
95 Seventh Street, Suite 429
San Francisco, CA 94103-1518
Attn: Bankruptcy Recruitment, OR
Telephone: (415) 355-8910
Fax: (415) 355-8901
[email protected]
www.ce9.uscourts.gov
Deadline for receipt of all completed application materials:
Thursday, March 17, 2011, 5 p.m.
The United States Courts is an Equal Opportunity Employer
Judge Albert E. Radcliffe Celebration of Life
(January 25, 2011)
A celebration of the life of The Honorable Albert E. Radcliffe, US Bankruptcy Judge, will be held at the Shedd Auditorium in Eugene, on Friday, January 28, at 2:00 PM. A reception will follow immediately afterward. The Shedd is located at 285 E. Broadway, about a block west of the Morse Courthouse, in Eugene. Any sympathy cards can be sent to the Radcliffe family c/o the Eugene Office of the Clerk, United States Bankruptcy Court, 405 East 8th Avenue, Suite 2600, Eugene, Oregon 97401. Remembrances to the University of Oregon Law School Loan Repayment Assistance Program or the American Cancer Society.
Death of Judge Albert E. Radcliffe
(January 20, 2011)
The Bankruptcy Court regrets to inform you of the passing of Bankruptcy Judge Albert E. Radcliffe of the United States Bankruptcy Court for the District of Oregon, who died January 19, 2011. He was 63.
Judge Radcliffe served on the bankruptcy court for 27 years. He was appointed as a part-time bankruptcy judge in December 1983 and made a full-time bankruptcy judge in February 1988. He was reappointed to a second 14-year term in 2002.
Judge Radcliffe served as chief bankruptcy judge for the District of Oregon from 1999 to 2005, and chaired the Ninth Circuit Conference of Chief Bankruptcy Judges from 2004 to 2005. He also served as a judge pro tem on the Ninth Circuit’s Bankruptcy Appellate Panel, and as a visiting bankruptcy judge in the Western District of Washington and the Central District of California. He was a member of the National Conference of Bankruptcy Judges.
Before his appointment, Judge Radcliffe worked in private practice and had extensive experience representing debtors, creditors and trustees in bankruptcy proceedings. He had served on the Executive Committee of the Oregon State Bar’s Debtor-Creditor Section, which presented him with an Award of Merit in October 2010. He also taught as an adjunct professor at the University of Oregon School of Law, was active in the Lane County Bar Association, and was a member of the Roland K. Rodman American Inn of Court.
An Oregon native who grew up in Eugene, Judge Radcliffe received his B.A. from the University of Oregon in 1969 and his J.D. from the University of Oregon School of Law in 1972.
Judge Radcliffe is survived by his wife of 34 years, Nancy, and two daughters, Crystalyn Bush and Jennifer Radcliffe.
Award of Merit Presented to Judge Radcliffe
(November 3, 2010)
At the Annual Meeting on October 30, 2010, the Debtor-Creditor Section presented its highest honor, the William N. Stiles Debtor-Creditor Section Award of Merit, to the Honorable Albert E. Radcliffe, Judge of the United States Bankruptcy Court, Eugene, for significant contributions to the Section.
New Local Bankruptcy Rules and Forms
(November 1, 2010)
The Bankruptcy Court has posted new forms and rules effective 12/1/10. Please see the court’s website for updated forms HERE and for updated Rules HERE. For additional information, please go to the bankruptcy court’s website.
2010 Debtor-Creditor Section CLE and Annual Meeting
(August 23, 2010)
Be sure to SAVE THE DATE of October 29-30, 2010, for the 2010 Debtor-Creditor Section CLE and Annual Meeting. It will be held at The Benson Hotel, 309 Southwest Broadway, Portland, Oregon, 97205. The program is scheduled from 1:00 p.m. until 5:30 p.m. on Friday, and 8:00 a.m., to 12:30 p.m. on Saturday. The program’s title is “Lien on Me”, and includes topics such as foreclosure, mortgage modification, little known Oregon state liens, agricultural liens, and breakout sessions on consumer and business topics. It will also include a Judge’s Panel, ethics program, and case law updates. The event will include a hosted reception after the program with special entertainment and heavy hors’ doeuvres, and a breakfast with the judges. Registration details will be sent in the next few weeks.
There are a limited block of rooms reserved for this event at The Benson at the special rate of $139.00 + tax for a deluxe king room only through September 29, 2010. To reserve rooms: Contact The Benson at (800) 663-1144 or www.bensonhotel.com. Please be sure to mention the Oregon State Bar Debtor-Creditor Section.
Proposed Revisions to the Local Bankruptcy Rules and Local Bankruptcy Forms
(August 3, 2010)
On August 3, 2010, the Local Bankruptcy Rules/Forms Committee has submitted its report on proposed revisions to the Local Bankruptcy Rules and Local Bankruptcy Forms. For more information and to view the report, please see the committee page.
Website Updated
(May 24, 2010)
The Debtor-Creditor section website has been completely updated and redesigned. Look for even more exciting changes to this site in the months to come!
Appointment of Chapter 12 Standing Trustee and Chapter 13 Standing Trustee
(May 11, 2010)
The United States Trustee seeks resumes from persons wishing to be considered for appointment as a standing trustee to administer cases filed under chapter 12 of the bankruptcy code or as a standing trustee to administer cases filed under chapter 13 of the bankruptcy code. The United States Trustee may choose to appoint the same individual to both positions. The appointments are for cases filed in the United States Bankruptcy Court for the District of Oregon. The chapter 12 trustee will receive cases filed in the entire state of Oregon. The chapter 13 trustee will receive cases filed in northwest and central Oregon. Standing trustees receive compensation pursuant to 28 U.S.C. § 586(e)(1)(A). Standing trustees are not federal government employees. For additional information, qualification requirements, and application procedures go to http://www.justice.gov/ust/eo/private_trustee/vacancies/13ad.htm or http://www.justice.gov/ust/eo/private_trustee/vacancies/12ad.htm.