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415-362-0449
Modesto
209-521-8100

October 2014 Archives

Now Available Online: Hidden Liens, Tax Lien Traps and Things You Never Knew About the UCC

On October 7, 2014, Reno Fernandez hosted a continuing legal education program for the State Bar of California's Business Law Section covering certain special liens and bankruptcy, including inchoate liens, tax liens and the scope of judgment liens under the Uniform Commercial Code.  Reno is a member of the Section's Insolvency Law Committee.The program is now available online!  Check it out here.

ABC's: Winding Up for the Wind Down

Reno Fernandez is proud to host this upcoming program on assignments for the benefit of creditors ("ABC's") for the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco at noon this Tuesday, October 14, 2014, at the City Club. Come on down!ABC'S: WINDING UP FOR THE WIND DOWNManaging Risk and Credit Opportunity Through an Assignment for the Benefit of CreditorsOctober 14, 2014Noon to 1:30 pmCity Club155 Sansome StreetSan Francisco, CaliforniaSpeakersDavid KanelTrodella & Kanel LLPBernie MurphySherwood Partners, Inc.Robert A. TrodellaTrodella & Kanel LLPTopics• High level discussion of various liquidation alternatives (circumstance dependent)• Particular focus on ABCs as a possible solution in the context of a struggling company with potentially valuable assets• Discussion will take the perspective of various stakeholders (board, company, secured lender,potential buyer)• Hypothetical fact pattern to illustrate the strategic considerations stakeholders should consider in the processSection Chair: Reno F.R. Fernandez III, Macdonald | Fernandez LLPRegister here.

Hidden Liens, Tax Lien Traps and Things You Never Knew About the UCC

At noon on Tuesday, October 7, 2014, Reno Fernandez will be hosting a continuing legal education program for the State Bar of California's Business Law Section via webinar covering certain special liens and bankruptcy, including inchoate liens, tax liens and the scope of judgment liens under the Uniform Commercial Code.  Reno is a member of the Section's Insolvency Law Committee.

Hidden Liens, Tax Lien Traps and Things You Never Knew About the UCC

 Richard A. Lapping    
Law Office of Richard A. Lapping
Jane Springwater
Friedman & Springwater LLP
Michael St. James
St. James Law, P.C.
Reno F.R. Fernandez III, ModeratorMacdonald Fernandez LLPOctober 7, 2014, Noon to 1:00 p.m.Register here.

Intellectual Property and Bankruptcy: Strategies and Monetization

On Thursday, October 2, 2014, the Bay Area Bankruptcy Forum will present an excellent program on intellectual property and bankruptcy.  Reno Fernandez serves as a member of the Board of Directors of the Bay Area Bankruptcy Forum.

IP/Bankruptcy Strategies and Monetization:  The Latest Games And Best Practices

Speakers:
Larry Engel, Esq., Morrison & Foerster
Laurie Hane, Esq., VMware Inc.Stephen O’Neill, Esq., Dorsey & Whitney, LLPMartin Pichinson, Sherwood Partners Inc.
This program will cover:
• Bankruptcy impacts on IP rights and contracts are increasing, and tactics and practices are changing.
• IP monetization can be enhanced in bankruptcy, but there are blocking rights for counterparties who are paying attention.• The serious IP vs. Bankruptcy disputes long masked by settlements and finesses are now becoming visible to outsiders in the games.• Best IP practices of interest to parties in interest in bankruptcy cases.Thursday, October 2, 20145:00 to 7:0 pmThe City Club155 Sansome StreetSan Francisco, CaliforniaRSVP here.

Iain A. Macdonald Honored as Outstanding Mediator by Bankruptcy Dispute Resolution Program

At the Bay Area Bankruptcy Forum's annual gathering of bankruptcy judges and attorneys on Thursday, Iain A. Macdonald was honored by the Bankruptcy Dispute Resolution Program (BDRP) for the following achievements in the past year:
  • Most mediations ending in settlement (four sessions, 100% success rate);
  • Speediest mediation (two hours, tied with two other panel members); and
  • Second greatest number of mediations (four sessions, tied with two other panel members).
We are particularly proud of Mr. Macdonald's high success rate in mediating bankruptcy disputes.  Mr. Macdonald is a member of the BDRP panel of bankruptcy mediators.  You can learn more here.

Involuntary Bankruptcy: It's Somewhere Debtors Do Not Want To Be

Reno Fernandez is pleased to host a panel of bankruptcy judges and attorneys to speak on involuntary bankruptcy cases over lunch at the City Club for the BASF Commercial Law & Bankruptcy Section on Tuesday, September 9, 2014.  For more information, click here and see below.INVOLUNTARY BANKRUPTCYIt's Somewhere Debtors Do Not Want To BeTuesday, September 92014Noon to 1:30 pmCity Club of San Francisco155 Sansome StreetSan Francisco, California Speakers

Honorable Roger L. Efremsky

Bankruptcy Appellate Panel Luncheon

This Thursday, July 24, 2014, Reno Fernandez is pleased to host a panel of sitting judges of the Bankruptcy Appellate Panel for the United States Court of Appeals for the Ninth Circuit, who will speak over lunch at the City Club for the BASF Commercial Law & Bankruptcy Section.  Please RSVP here.

Bankruptcy Appellate Panel Luncheon

Thursday, July 242014Noon to 1:30 pm City Club of San Francisco155 Sansome StreetSan Francisco, California Speakers 
Chief Judge Randall Dunn
Ninth Circuit Bankruptcy Appellate Panel
Judge Meredith Jury
Ninth Circuit Bankruptcy Appellate Panel
Judge Frank Kurtz
Ninth Circuit Bankruptcy Appellate Panel
 Share lunch with the Judges of the Bankruptcy Appellate Panel of the United States Court of Appeal for the Ninth Circuit and discuss bankruptcy appeals, procedures and recent developments.
Chairperson:  Reno F.R. Fernandez III Walk-ins are welcome, but you are encouraged to RSVP here as space will be limited.

Military, Veterans and Other Overlooked Exemptions

Did you know that a military soldier's deposits to savings accounts while on permanent duty abroad are fully exempt?  10 U.S.C. §1035(d) provides that:
An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebtedness to the United States or any instrumentality thereof, and is not subject to forfeiture by sentence of a court-martial.
Did you know that a creditor can only recover $1.00 from a seaman on a voyage?  46 U.S.C. § 11111 provides that:
When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended.
There are many miscellaneous non-bankruptcy federal exemptions that are often overlooked but can be of critical importance to military personnel, sailors, veterans, civil servants, railroad workers, Native American tribes and others.  The following chart of such miscellaneous exemptions is provided for your education and convenience.
 
Miscellaneous Non-Bankruptcy Federal Exemptions
Asset
Exemption
Amount
Civil service employees’ retirement benefits
5 U.S.C. § 8346
Unlimited
Foreign service employees’ retirement benefits
22 U.S.C. § 4060(c)
Unlimited
Military service employees’ retirement benefits
10 U.S.C. § 1440
Unlimited
Railroad workers’ retirement benefits
45 U.S.C. § 231m
Unlimited
Social Security benefits
42 U.S.C. § 407
Unlimited
Veteran's benefits
38 U.S.C. § 5301
Unlimited
Central Intelligence Agency (CIA) employees’ retirement benefits
50 U.S.C. § 2094
Unlimited
Military Medal of Honor Roll pensions
38 U.S.C. § 1562(c)
Unlimited
Military service survivor’s benefit
10 U.S.C. § 1450(i)
Unlimited
Survivor’s benefits for federal judges and certain other judicial employees
28 U.S.C. § 376(n)
Unlimited
Lighthouse workers survivor’s benefits
33 U.S.C. § 775
Unlimited
Government employees’ death and disability benefits
5 U.S.C. § 8130
Unlimited
Longshoremen, harbor workers’ death and disability benefits
33 U.S.C. § 916
Unlimited
War, risk, hazard, death, or injury compensation
42 U.S.C. § 1717
Unlimited
Military deposits to savings accounts while on permanent duty abroad
10 U.S.C. § 1035(d)
Unlimited
Wages (with exceptions for domestic support, bankruptcy and taxes)
15 U.S.C. § 1673
Greater of 75% of earned but unpaid wages; or
 
30 times the federal minimum wage
Indian [sic] land sale or lease proceeds (Secretary of the Interior can consent to exceptions)
25 U.S.C. § 410
Unlimited
Klamath tribe judgment funds (with exceptions for debts owed to U.S.)
25 U.S.C. §§ 543 & 545
Unlimited
Military group life insurance (with certain exceptions for taxes)
38 U.S.C. § 1970(g)
Unlimited
Railroad workers' unemployment benefits
45 U.S.C. § 352(e)
Unlimited
Seamen's clothing (fine for person detaining a seaman’s clothing)
46 U.S.C. § 11110
Unlimited
Debts of a seaman incurred while on a voyage (amount recoverable is limited to $1.00)
46 U.S.C. § 11111
Unlimited
Seamen & fishermen wages (with exceptions for spousal or child support)
46 U.S.C. § 11109
Unlimited
Serviceman's Group Life Insurance or Veteran's Group Life Insurance
38 U.S.C. § 1970(g)
Unlimited

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Phone: 209-521-8100
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