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Local Rules and Practices Committee
Jon and Everyone,
When you reply that you have an interest, please include your contact
information, similar to how I have set out my contact information
below. Not everyone completed a memnbership profile, which can make
things easier. Also, I need to know if you are willing to be a
chairperson of a subcommittee, or should I just appoint people?
Louis J. Esbin, Esq.
Law Offices of Louis J. Esbin
27951 Smyth Drive, Suite 108
Valencia, CA 91355-4049
Dial: 661.257.3636
Fax: 661.257.3297
Web: www.Esbinlaw.com
Email: Louis@Esbinlaw.com
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> Sounds great. Count me in for the Chapter 11 subcommittee or
> somewhere where you need coverage (except chapter 13). Jon Hayes
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As a result of the meeting on Saturday, the membership voted to form
two committees to address two very important issues arising from the
2005 Reform Act. One committee is to address the issue of certified
budget and credit counseling nonprofit companies. The other
committee is a Local Rules and Practices Committee for which I was
made the Chairperson.
As the Chair of the Local Rules and Practices Committee, I will need,
first, members who can assist in reviewing the 2005 Act, and
determining its impact on the Local Rules and Practices of this
District. Second, we will need to break the Committee down into
subcommittees responsible for certain aspects of the 2005 Act and its
impact on the Local Rules and Practices. My immediate thought is to
have subcommittees that deal with discreet issues, such as the Means
Test, Budget & Credit Counseling, Relief from Stay, Chapter 11
Practice, Chapter 13 Practice, and Chapter 7 Practice. Some
subcommittees may overlap with others, but that can be worked out.
The mission of the committee is to draft one or more proposed General
Orders that may be considered by the Court. We want to draft a
General Order because the Bankruptcy Court, with approval of the
District Court, may pass General Orders for interim relief. Local
Rules require far more administrative review and comment from both
the Bankruptcy Court and the District Court, and would take more than
180 days from enactment of the 2005 Act to become reality. Precedent
exists for such General Orders of such scope and breadth. Many will
remember the General Order for Chapter 13 Practice first signed by
Judge Bufford back in 1985, which later became a Local Rule.
I believe time is not on our side! I will be away from March 27th
through April 4th. When I return, I would like to have a meeting
with the Committee. Therefore, by this Friday, March 25, 2005, or
before, I would like to have at least 6 members(one for each
subcommittee), and as many as 18 (3 members per subcommittee). Each
committee will need a Chair and Secretary. I would like to have a
conference call on Friday at around 2:00 pm, if possible, and an
organizational meeting the week of April 11, 2005. Everyone should
have read the redlined version by that time and be prepared to divy
up subcommittees based upon major points of concern.
I will be writing to Judge Russell, as the Chief Judge, to introduce
myself as the Chair of the Committee, and inviting the Court to
consider our proposals. That letter, however, will not be sent until
after our first organizational meeting so that we can show Judge
Russell our structure and resolve. We should be able to have a draft
to the Court within 90 days of our first meeting, to allow enough
time to meet with the Court committee and iron out whatever
differences there may be.
Each of you who are interested in being on this Local Rules and
Practice Committee should please contact me, either through this
site, or at:
Louis J. Esbin, Esq.
Law Offices of Louis J. Esbin
27951 Smyth Drive, Suite 108
Valencia, CA 91355-4049
Dial: 661.257.3636
Fax: 661.257.3297
Web: www.esbinlaw.com
Louis@Esbinlaw.com
Thank you and best regards. Lou Esbin
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