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Webinar: Hot Topics for Lenders and Secured Creditors Part 1
June 22, 2023 @ 12:00 pm – 1:00 pm
Special low price! 1 Hour MCLE; 1 Legal Specialization in Bankruptcy Law
Recent case law developments important to lenders and secured creditors including:
- Avoidance of security interests and/or loss of lien priority when a UCC-1 Financing Statement fails to include the correct debtor’s name
- Procedures for addressing notification and utilization of homeowner’s assistance funds in bankruptcy proceedings
- Discussion regarding Milestone Financial, LLC v. Moon, (In re Moon), 648 B.R. 73 (B.A.P. 9th Cir. 2023), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) recently affirmed a bankruptcy court decision which had concluded that: (1) a forbearance agreement was usurious and not exempted from usury just because the orginal loan might have been exempt and (2) the creditor was entitled to post-maturity interest on the loan under California law
Overview of the recent amendments to the Federal Rules of Bankruptcy Procedure that became effective on December 1, 2022
Non-Member Price – $30.00
Member Price – $15.00
JaVonne Phillips joined McCarthy and Holthus in 2003 and is its Bankruptcy Managing Partner. Mrs. Phillips obtained a Bachelor Degree in Business Administration with emphasis in Finance from the University of Oklahoma in 1992. She graduated from the University Of San Diego School Of Law in 1995. Prior to joining the law firm, she prosecuted cases at the Stanislaus County District Attorney’s Office in Modesto, California. Mrs. Phillips is admitted to practice law in the State of California, in all of the California District Courts and in the Colorado District Court. In 2021, she began serving as a member of the USFN Publication Committee. Mrs. Phillips has received an AV Preeminent® rating from Martindale Hubbell, ranking her at the highest level of professional excellence for legal knowledge, communication skills and ethical standards.
Gary B. Rudolph practices in bankruptcy and other insolvency areas, representing trustees, creditors, creditor committees, landlords, tenants and debtors in corporate chapter 11 and 7 bankruptcies. His representation also includes the defense and prosecution of litigation matters arising in the bankruptcy arena. He also represents state and federal court receivers. Mr. Rudolph is a mediator for the United States Bankruptcy Court, Southern District of California, and was chosen as the outstanding mediator by the Judges of the Bankruptcy Court in 1991. He has also qualified and served as a bankruptcy examiner and as an expert witness in bankruptcy matters. Mr. Rudolph served on the Legal Education Committee of the Federal Bar Association for 2020. He also has been appointed to serve on the Executive Committee of the Business Law Section (BLS) of the California Lawyers Association for 2020-2023, and as secretary for the 2022-2023 term. He formerly was the chair of the Insolvency Law Committee (ILC) of the BLS for 2019-2020, the co-vice chair for 2018-2019 as well as the chair of the ILC Legislative Subcommittee. Mr. Rudolph was the chair of the San Diego County Bar Association’s Bankruptcy Law Section in 2021-2022 and 2016-2017. He is currently its vice chair and previously served as the vice chair for 2015, 2017-2019. He is also currently a member of the board of directors of the San Diego Bankruptcy Forum and was its president in 2015 and 2016. On behalf of the California Bankruptcy Forum, he is a board member and the Conference Chair for its 2023 annual conference. He sits on the Advisory Committee for the Local Rules of the United States Bankruptcy Court, Southern District of California and was on the Ninth Circuit Lawyer Representative Selection Committee for the Southern District of California for 2015 and 2016. In 2019, Mr. Rudolph was honored for his volunteer service in the bankruptcy community by the Judges of the United States Bankruptcy Court, Southern District of California. He also serves on the Advisory Panel for the Bankruptcy Self-Help Center at the Bankruptcy Court through the Legal Aid Society of San Diego. Through his involvement in the National Association of Bankruptcy Trustees, he was elected as Co-Chair of its National Rules Committee for 2022-2023.
Cheryl L. Stengel was admitted to the State Bar of California in 1995. She has focused exclusively on insolvency work her entire career, including debtor, creditor, and trustee representation. She is experienced in all aspects of Chapter 7, 11, and 13 bankruptcy and has represented hundreds of individuals and business entities. She has served as an expert witness on bankruptcy issues in San Diego Superior Court. Cheryl established her law firm in 2013. Cheryl is a certified specialist in Bankruptcy Law by the Board of Legal Specialization of the State Bar of California. She was a member of the United States Bankruptcy Court’s Advisory Board from 2018 – 2021. From 2015 – 2018, she served on the board of directors of the San Diego Bankruptcy Forum. Cheryl was a member of the Bankruptcy Law Advisory Commission for the State Bar of California from 2011 – 2014, where she assisted in drafting and grading the examinations for legal specialization and evaluated applications for certification. She served on the board of directors of the Foothills Bar Association of San Diego County for several years and held the position of President.
David McAlllister is a partner of Aldridge Pite, LLP, represents creditors in bankruptcy cases arising under Chapters 7, 11, and 13 of the Bankruptcy Code and is also active in the areas of commercial litigation and creditor’s rights. His clientele includes financial institutions throughout the United States. Mr. McAllister’s practice includes motions for relief from automatic stay, objections to plan confirmation, valuation hearings, non-dischargeability litigation, replevin actions, and creditor’s remedies in state court. Mr. McAllister earned a juris doctor degree, cum laude, from the University of San Diego School of Law. He graduated in the top 11 percent of his class. He served as a Judicial Extern to the Honorable Peter W. Bowie, in the United States Bankruptcy Court, Southern District of California. Mr. McAllister holds a B.A. degree, cum laude, in Psychology from the State University of New York at Albany. Mr. McAllister is admitted to the state and federal district courts in Arizona, California, Hawaii, Oregon, Washington, and Utah.