MACDONALD | FERNANDEZ LLP

www.macfern.com

221 Sansome Street
San Francisco, CA 94104
Telephone: (415) 362-0449
Facsimile: (415) 394-5544
914 Thirteenth Street
Modesto, CA 95354
Telephone: (209)549-7949
Facsimile: (209) 236-0172

Friday, September 19, 2014

Macdonald Fernandez LLP Sponsors 2014 Justice & Diversity Center Gala

We are proud to have sponsored last night's Gala for the Justice and Diversity Center of the Bar Association of San Francisco.  Associate attorney Roxanne Bahadurji attended and enjoyed the Gala very much.





Thursday, September 18, 2014

Tax, Regulatory and Bankruptcy Issues in Arbitration

Reno Fernandez is excited to be speaking on a panel regarding tax, regulatory and bankruptcy issues in arbitration tomorrow (September 19, 2014) at noon at the Bar Association of San Francisco, 301 Battery Street, Third Floor, in San Francisco.  Come and see!

Monday, September 15, 2014

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

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.

Wednesday, September 10, 2014

Reno Fernandez Speaking on Chapter 11 Bankruptcy at State Bar Annual Meeting

We are proud to announce that Reno Fernandez will be speaking on chapter 11 bankruptcy cases tomorrow, kicking off the 87th Annual Meeting of the State Bar of California with its first program, namely "Chapter 11 in a Nutshell."

Friday, August 29, 2014

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 BANKRUPTCY
It's Somewhere Debtors Do Not Want To Be

Tuesday, September 9, 2014
Noon to 1:30 pm

City Club of San Francisco
155 Sansome Street
San Francisco, California

Speakers

Honorable Roger L. Efremsky
United States Bankruptcy Judge
Scott H. McNutt
McNutt Law Group, LLP
David M. Wiseblood
Wiseblood Law 

Topics

• Standing to Commence the Involuntary Case
• Joinder of Additional Petitioning Creditors
• Motions for Appointment of an Interim Trustee During the “Gap Period”
• How to Obtain and Defeat an Order for Relief
• Dismissal of An Involuntary Case and Related Potential Consequences

Chairperson:  Reno F.R. Fernandez III

Walk-ins are welcome, but you are encouraged to RSVP here as space may be limited.

Monday, July 21, 2014

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 24, 2014
Noon to 1:30 pm

City Club of San Francisco
155 Sansome Street
San 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.

Sunday, June 29, 2014

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