Jamie Mccourt, Meet Jill Friedman

Total Page:16

File Type:pdf, Size:1020Kb

Jamie Mccourt, Meet Jill Friedman VCBA MISSION STATEMENT To promote legal excellence, high DECEMBER – TWO THOUSAND NINE ethical standards and professional conduct in the practice of law; to improve access to legal Jamie McCourt, Meet Jill Friedman: services for all people in Ventura County; and to work to improve the Post-Marital Agreements and the Dodgers administration of justice. By Gregory W. Herring Page 6 ANTHONY R. STRAUSS PRESIDENT’S MESSAGE - "FOR MILES" 3 LETTER TO THE EDITOR 5 MICHAEL A. Strauss Barristers BASkETBALL TOuRNAMENT RECAP 13 BRIAN K. DENNIS uSING BuY-SELL AGREEMENTS TO ASSuRE BuSINESS CONTINuATION 14 JuDGES PIZZA NIGHT 18 MEXICAN AMERICAN BAR DINNER 19 ELLEN HirveLA RUSSELL SPOTLIGHT ON ATTORNEY JOHN F. “JACk” FAY 22 THE FINANCIAL ABuSE SPECIALIST TEAM 24 Kate BroLAN IN DEFENSE OF YOGA 25 STEVE HENDERSON EXEC’S DOT... DOT... DOT... 30 Join us on facebook-ventura county bar assoc. 2 CITATIONS • DECEMBER 2009 A proud member of the Ventura County Bar Association DECEMBER 2009 • CITATIONS 3 PRESIDENT’S MESSAGE “For Miles” By Anthony Strauss man, so I was surrounded by people in was right. You bring your profession with you. the law. However, I recall one evening One positive aspect of lawyers being ubiqui- in particular during high school when tous is that they are indeed in every commu- the decision to become a lawyer was nity. There are only so many ancient history This is my last article as President and this be- cemented. Two of my closest friends, John and professorships and, when a position opens up, ing the final month of my term, I have turned Dennis, and I met with John’s dad, who want- wherever it is, you go there if you want the job. to reflection. Traditionally, the last article is a ed to talk to us about careers and higher edu- While law jobs may now be scarce (and they recap of the prior year summarizing accom- cation. We talked about various career paths were when I graduated in 1976), government plishments and thanking all of those who have but I distinctly remember Mr. Minteer saying, law offices still have turnover, some firms are helped along the way. While I can (and will) “Once you are a lawyer, you carry that around still hiring and you can hang out your shingle do the thanking before the end of this piece, with you like a back pack. Wherever you go or as a last resort. This job has also remained I am going to exercise presidential prerogative whatever you do, you will always have your law intellectually challenging. I make no bones to deviate from the norm because this year degree to fall back on.” At the end of college, about the fact that I am still “practicing.” I has marked more profound transitions for me I toyed with going on in ancient history or ar- learn something new on an almost daily basis. upon which to reflect. In 2009 I became a chaeology. But that wasn’t part of the original My principal practice area of employment law grandfather and I completed a third of a cen- plan. I was supposed to be a lawyer. is in continual flux with a new hot topic ev- tury as a lawyer. Hence, this article is directed ery year, from disability to sexual harassment to my grandson Miles – born July 17 – with I do have to tell you that the universe of ca- to wage and hour to who knows what next. I reflections on my practice of the law. reer choices available today has vastly expanded also enjoy my colleagues. In my opinion, little since the ‘60s and ‘70s. If you wanted a “better has changed in 33 years when it comes to the I was predestined to become a lawyer. Unlike life” than your parents, you became a “profes- civility and collegiality among Ventura County you, Miles, I didn’t have parents, a grandfather sional.” That meant doctor, lawyer, dentist, practitioners. Of course we all know of the ex- and even a great grandfather who were law- accountant, engineer or teacher. In my com- ceptions. However, one has but to deal with yers. Neither my mother nor father graduated munity, no one talked about becoming an “out of towners” for a short time to see the dif- from high school prior to my arrival. Your entrepreneur or businessman unless you were ference. Practicing law has provided a good life great-grandmother went back to school once I like a friend who was going to go into the fam- for our family and introduced us to our closest started kindergarten and ultimately became an ily mortuary business. That option was nei- friends. It has also afforded me the opportu- elementary school teacher. Apparently I was ther available nor inviting. Education was the nity to work with your father and be a part of loquacious as a young child and my mother ticket to success. It was also a possible ticket your life growing up. and older brother called me the “Philadelphia to avoid the draft and being sent to fight in Lawyer” because I talked nonstop. Probably as Vietnam in what had become a very unpopu- What have I learned that I can pass on that a result of this, I started identifying with law- lar war. It is impossible to even imagine today might be of benefit to you? I am assuming yers early on and read a biography about Clar- what choices will be available to you when it’s that there will be plenty of opportunities in the ence Darrow in grade school, watched the tele- your time to choose a career. I do know that years to come for me to tell you my view of vision series Perry Mason religiously and paid many young people who have come of age af- things. But this is about being a lawyer and the special attention to things involving lawyers. I ter me have been overwhelmed by the plethora “secrets” that I learned (which just might carry decided that I would be a lawyer in junior high of options and have found it hard to find or over into other endeavors) are these: First, be school (middle school today) when my home remain in any suitable niche. comfortable in who you are; be yourself. Ev- room teacher, Mr. Aguilera, pronounced that eryone has a different image of The Lawyer. most important, life empowering statement Was it the right decision for me? I think that For the lay community, a lawyer is the “shark,” that all children should hear, “You can be any- I can state with reasonable certainty that you the “ambulance chaser,” the “hired gun,” the thing that you want to be.” I believed him and would not be here (or at least in Ventura) had list goes on. While there are some kernels of made the choice. I chosen a different field. Your father might truth in these stereotypes of lawyers, it is not not have gone to law school and met your you unless you become that way. Among law- In high school, I took speech and debate along mother and, even if he had, he would not have yers there are different styles and approaches; with the regular curriculum because I knew returned to Ventura to work with me. So from there is the “hard ass,” the nice guy, the con- it was part of the preparation for being an at- that vantage alone, it was the right choice. But sensus builder, the jerk. Clients may want you torney. I started dating your grandmother as even that aside, I have always felt that I made to act one of these parts. Again, your style a freshman, drawn in part (I have to be care- the right decision. Let me tell you why. and approach should be reflective of who you ful here) because her father was a lawyer and I loved talking with him. By then my father was Becoming a lawyer allowed me to move to a bail bondsman and my brother was a police- Ventura and raise my family here. Mr. Minteer Continued on page 4 A proud member of the Ventura County Bar Association 4 CITATIONS • DECEMBER 2009 PRESIDENT’S MESSAGE “For Miles” Continued are. There have been times in my career when that time comes around. But when you do, Matt Guasco for their collective wisdom, our I have tried to take on a personality trait that you will see that you caused your grandfather great Board of Directors, No. 45 (J. Roger was not my own. Rarely was I successful in to view his condition with perspective and Myers) for his tolerance and his insistence that doing so. I have learned that I am who I am perhaps it will impart some of that perspective all the articles be law-related. Don Hurley for and, when I practice law that way, I am the into your own decision making process. his support and for getting me involved, David most successful. Your Grandfather, Tony Strauss Jackson (the first lawyer in the family), Joseph Aguilera, Bruce Minteer, Michelle for her pa- Second, do not be overly judgmental. Give P.S. Thanks go to Alice Duran, Alejan- tience, all of you who have helped me (or read people the benefit of the doubt. There is usu- dra Varela and Celene Valenzuela, Verna my articles), Wendy Lascher for letting me ally a reason why people do the things that they Kagan, and Peggy Purnall for the outstanding write what I want and special thanks to Steve do.
Recommended publications
  • Major League Baseball Team Bankruptcies: Who Wins? Who Loses?
    Loyola of Los Angeles Entertainment Law Review Volume 32 Number 3 Article 2 6-1-2012 Major League Baseball Team Bankruptcies: Who Wins? Who Loses? John Dillon Loyola Law School Los Angeles Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation John Dillon, Major League Baseball Team Bankruptcies: Who Wins? Who Loses?, 32 Loy. L.A. Ent. L. Rev. 297 (2012). Available at: https://digitalcommons.lmu.edu/elr/vol32/iss3/2 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. 07. DILLON (DO NOT DELETE) 12/30/2012 2:03 AM MAJOR LEAGUE BASEBALL TEAM BANKRUPTCIES: WHO WINS? WHO LOSES? John Dillon* Baseball is America’s sport. It evokes a sense of tradition and a love for the home team. Like all professional sports teams, however, baseball teams are part of a league, which restricts team ownership through contrac- tual “constitutional” provisions and agreements and limits the number of teams that exist. In this limited and restricted entertainment market, profes- sional sports teams operate highly lucrative businesses that sometimes seek bankruptcy protection through Chapter 11 reorganization. Bankruptcy gen- erally allows the debtor to alter existing contractual rights and restructure its operations to avert the financial crisis that precipitated the bankruptcy filing.
    [Show full text]
  • CII Fall Conference October 23–25, 2018 Grand Hyatt New York New York, NY PROGRAM 
    CII Fall Conference October 23–25, 2018 Grand Hyatt New York New York, NY PROGRAM CONTENTS 1 Welcome to CII’s 2018 Fall Conference! 2 Thank You to Our Conference Sponsors 4 Conference Information 5 FAQs 11 Agenda CONTENTS 24 CII Education 29 Attendees 44 CII Members 49 CII Staff 51 CII Leadership THANK YOU TO OUR CONFERENCE PROGRAM SPONSOR B www.cii.org WELCOME TO CII’S 2018 FALL CONFERENCE! We are delighted that so many members and guests are joining us for CII’s fall conference — the first in New York City since 2002. We deeply regret any inconvenience we may have caused you by moving the meeting from Boston because of a strike at the conference hotel there. Our program offers insightful, provocative speakers on topics ranging from executive compensation to cryptocurrencies. It also includes a “master class” for governance professionals on evaluating company management of human capital, a forum for 50+ meetings between investor and company members and a roundtable discussion dinner for pension fund trustees. In between, there are several member-hosted events and opportunities WELCOME to network with peers. Looking ahead to 2019, CII is honored to partner with the New York University School of Law on Corporate Governance Bootcamp, a premium educational program for mid-level professionals. We are thrilled that 35+ members are taking advantage of a special CII discount to enroll in the three-day course, set for late January. Our commitment to educating members extends to helping fund trustees stay informed and in touch, too. We are pleased to announce that we will host training for new and experienced trustees at our 2019 spring conference, in partnership with the CFA Institute.
    [Show full text]
  • City Hall Ponders Parking Crunch by NICK TABOREK Daily Press Staff Writer
    PIANO & GUITAR LESSONS 2010 Small Business of the Year Award SM $ .00 45 MINUTE CLASSES California Small Business Association (41st District) to ONLY 15 – SIGN-UP NOW! – LAX (310) 453-1928 310-444-4444 20th $30 1901 Santa Monica Blvd. in Santa Monica Hybrid • Mercedes-Benz www.santamonicamusic.com Anniversary not valid from hotels or with other offers • SM residents only • Expires 8/31/10 SantaMonicaTaxi.com TUESDAY, OCTOBER 19, 2010 Volume 9 Issue 293 Santa Monica Daily Press GIANTS LOOK FOR PUNCH SEE PAGE 12 We have you covered THE GOOD CHOICE ISSUE City Hall ponders parking crunch BY NICK TABOREK Daily Press Staff Writer DOWNTOWN The planned renovation of Parking Structure 6, along with the AMC proposal for a new cinema on Fourth Street that would replace Parking Structure 3, Morgan Genser [email protected] could mean a fresh headache for commuters NIFTY MOVE: Santa Monica High School's to Downtown in the form of 681 fewer park- Moriah Faulk makes a move against Canyon ing spaces while construction of both proj- Springs during last season's CIF-SS girls' bas- ects is underway. ketball playoffs. Faulk has made a verbal com- Though both projects are a ways off — mitment to play for UCLA next season. the expected construction overlap isn’t expected until sometime in 2012 — City HIGH SCHOOL GIRLS’ BASKETBALL Hall officials this month are starting to make plans to deal with the eventual reduction in parking space availability. Samohi’s Faulk Parking Structure 6, which has 342 spaces at 1431 Second St., is expected to shut down for renovation sometime in 2011, and will picks UCLA eventually reopen with 710 spaces.
    [Show full text]
  • Jewish Influence: an Introduction
    NOTE: "The list below is available on the internet. A random sampling of the names were found to be generally accurate. Since the source is the internet, the reader is advised to also authenticate. The link is: http://www.subvertednation.net/jew-lists/ The below link from the Jewish Virtual Library contains many of the names identified on pages 36 – 38. http://www.jewishvirtuallibrary.org/jsource/US- Israel/obamajews.html Jewish Influence: An Introduction We have been accused of having “Jew on the brain”; of being negatively obsessed with the Jews, and of being “anti-Semitic.” Yet Jewish influence over the affairs of the world are undeniably powerful, far out of proportion to their numbers. Their role in shaping public opinion through their media interests, and their mastering of the world of business and trade is pivotal to the world economy. As a group they are the most successful in terms of income and wealth and they have reached the highest echelons or the pinnacle of power in every field. Jews are the masters of Hollywood, they are the masters of all forms of media, radio, and television. They are masters of trade and commerce and banking, medicine, and law. The following lists we believe prove this reality. Jewish Lists The lists below are available on the internet. A spot check of several of the names found it to be generally accurate, though we cannot vouch for ALL of the names, and some titles may be out of date. The second list claims to be updated in 2012. They are followed by quotes on Jewish control.
    [Show full text]
  • KPCC-KPCV-KUOR Quarterly Report OCT-DEC 2011
    Quarterly Programming Report Oct-Dec 2011 KPCC / KPCV / KUOR Date Key Synopsis Guest/Reporter Duration 10/1/2011 HEAL The first case of the new session of the U.S. Supreme Court will involve poor and disabled Californians. Felde :59 This weekend marks the grand opening of the biggest and most ambitious art project Southern California - and maybe the world - has ever seen. For the next six months, 60 cultural institutions and 70 galleries are collaborating on "Pacific Standard Time," which documents art made in LA from 1945 to 1980. The Getty Foundation is footing much of the bill with ten-million dollars in grants, and on Tuesday 10/1/2011 ART the Getty hosted the press opening. Off-Ramp's John Rabe was there. John Rabe 8:34 Since Pacific Standard Time is all about L.A., we’ve asked some of the artists who were making art in the city from 1945 to 1980 to take us to three places here that are important to them. Anywhere. We’re 10/1/2011 ART starting this week with performance artist Barbara T Smith. Kevin Ferguson 5:39 Off-Ramp host John Rabe talks with Jim Meskimen, YouTube sensation, actor and man of a thousand voices, including Robin Williams, Kirk Douglas, Charleton Heston, Woody Allen, Droopy Dog, President George W Bush and Harvey Keitel. His show "Jimpressions" comes to The Acting Center at Hollywood 10/1/2011 ART and Western on October 7 & 8. John Rabe 7:21 "Andy Rooney" has long been a staple of Off-Ramp. Here, he muses about his 320 years on CBS, and 10/1/2011 ART the people who've made a living imitating him.
    [Show full text]
  • Mccourt V. Mccourt Would Be Called Shakespearean
    He claims she's aprofligate spenderwho only cares about status. She says he's trying to cheather out ofhalf-ownership of one of America's most storied baseball teams.Inside the most expensive dt.vorce in Caffirnio history. BY JESSE KATZ For generations they have come, seeking fortune in the golden land. Stargazers, mercenar- ies, refugees, romantics: some have made it in L.A., some have gambled wrong. Few dreamers, though, have blown into town with as much fanfare as Frank and Jamie McCourt, the Boston husband-wife, developer-lawyer, paper-millionaire duo who in 2OO4 bought the legendary Los Angeles Dodgers. Fewer still have watched their dream so spectacularly implode. If Frank and Jamie had been movie stars or politicians or even one of the outsized athletes FEBRUARY 2011 McCourtV. McCourt theyemploy, their crack-up mighthave been tabloid fodderfor aminute. probably no artful way to go about canning your wife of thirty years- Bright lights,big city-you knowthe rest. But as the transplanted owners to change the locks on her office and disable her e-mail account and of a century-old baseball club, a franchise enmeshed in America's revoke her $2 million salary-but Frank ensured an ugly turn by also cultural history, the McCourts were something beyond rich or famous; cataloging Jamie's transgressions, which according to him included they arrived as stewards, guardians ofa civic treasure. "insubordination," "nonresponsiveness," and "inappropriate behavior Before bidding on the team, knowing the leap that awaited, Frank with a direct subordinate," the latterpoint legalese for allegedlysleeping and Jamie put the move to afamilyvote.
    [Show full text]
  • Sports and the Law: a National Niche and A
    SEPTEMBER 2012 SPORTS and the Mary K. Braza and Kevin Schulz replay their role in the purchase of the L.A. Dodgers – a baseball deal to remember SPORTS and the A National Niche and a Baseball Deal to Remember by Joe Forward n late April 2012, Milwaukee attorney Kevin Schulz local telecast had a week of frenzied days and sleepless nights rights, had to in Los Angeles, working with a team of lawyers to unfold before the Beneath America’s favorite pastime lives a complex legal and business world. With insight from sports industry meet a short deadline: purchase of the Los Angeles Dodgers could be lawyers Mary K. Braza and Kevin Schulz, replay the purchase of the Los Angeles Dodgers for a record $2.15 billion – Dodgers for a record $2.15 billion. The work sold at auction. completed, the mergers and acquisitions attorney Finally, unlike a deal they helped bring about – and the rise of Foley & Lardner in sports law. made his way to L.A. International Airport, heading some deals that home to Milwaukee as the client, Guggenheim can take upwards Baseball Management L.P. – led by Mark Walter, of a year to transpire, this one closed within only a few Stan Kasten, and Earvin (Magic) Johnson – became months of announcement of the Dodgers’ sale. the biggest spender in sports history. “I remember walking away thinking I was just part of I Back in the Milwaukee office of Foley & Lardner something pretty significant,” said Schulz, a Foley partner LLP, Schulz discussed the historic deal with Milwaukee who worked on the commercial transactions.
    [Show full text]
  • Frank and Jamie Mccourt: a Cautionary Tale of Divorce Gone Wrong
    LOS ANGELES www.dailyjournal.com WEDNESDAY, NOVEMBER 9, 2011 Frank and Jamie McCourt: a cautionary tale of divorce gone wrong By Jeffery S. Jacobson, Julie A. Milligan and unpaid income taxes — and massive attorney fees. Cozette C. Vergari It did not have to be this way. Frank and Jamie could have found a way of retaining the team, both could have any Angelenos breathed a sigh of relief with last come out with more money, they could have created a Mweek’s announcement that Frank McCourt reached wonderful legacy for their sons, and their public images a settlement with Major League Baseball and has agreed could have remained intact. to sell the Los Angeles Dodgers. Combined with the prior There is another approach to divorce that would have settlement with his estranged wife Jamie McCourt, it protected the McCourts’ privacy and provided an oppor- appears that the McCourts’ epic battle in family court, tunity for a more civilized negotiation with one another. bankruptcy court and the court of public opinion is finally There is an option far different from the traditional public coming to an end. forum of the court room, an option where nothing needs It has been frequently cited that Frank and Jamie had to be public, other than the fact that a case for divorce the most expensive divorce in California history. They has been opened and a final judgment entered. employed some of the best and brightest attorneys, ac- The state of California has recognized, and eventually countants and public relations professionals that money codified in 2007, the process of collaborative divorce.
    [Show full text]
  • Gender, Identity, and the National Football League's Female Fans
    University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 8-2014 "Game Time is My Time. I Get to Define That:" Gender, Identity, and the National Football League's Female Fans Traci Yates University of Tennessee - Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Part of the Sports Studies Commons Recommended Citation Yates, Traci, ""Game Time is My Time. I Get to Define That:" Gender, Identity, and the National Football League's Female Fans. " PhD diss., University of Tennessee, 2014. https://trace.tennessee.edu/utk_graddiss/2876 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Traci Yates entitled ""Game Time is My Time. I Get to Define That:" Gender, Identity, and the National Football League's Female Fans." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Doctor of Philosophy, with a major in Kinesiology and Sport Studies. Joy T. DeSensi, Major Professor We have read this dissertation and recommend its acceptance: Lars Dzikus, Leslee A. Fisher, Trena M. Paulus Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) “Game Time is My Time.
    [Show full text]
  • 2011 from Baghdad to Los Angeles
    going free A BOY’S JOURNEY SUMMER 2011 FROM BAGHDAD TO LOS ANGELES healing play AN OASIS OF FUN FOR KIDS OF ALL ABILITIES exit to autism LIVING NEAR A FREEWAY MAY BE ASSOCIATED WITH AUTISM 1 our mission We create hope and build healthier futures. our history Founded in 1901, Children’s Hospital Los Angeles is one of the nation’s leading children’s hospitals and is acknowledged worldwide for its leadership in pediatric and adolescent health. Children’s Hospital Los Angeles is one of only 11 children’s hospitals in the nation, and the only one in California, ranked in all 10 pediatric specialties in the U.S. News & World Report rankings and named to the magazine’s Honor Roll of children’s hospitals. The Saban Research Institute of Children’s Hospital Los Angeles is among the largest and most productive pediatric research facilities in the United States, with 100 investigators at work on 186 laboratory studies, clinical trials and community-based research and health services. The Saban Research Institute is ranked eighth in National Institutes of Health funding among children’s hospitals in the United States. Children’s Hospital Los Angeles is a premier teaching hospital and has been affiliated with the Keck School of Medicine of the University of Southern California since 1932. 2 “Without continual growth and progress, such words as improvement, achievement and success have no meaning.” – Benjamin Franklin This has been a period of transformation at Children’s Hospital Los Angeles. Though we’ve grown and improved during each of our past 110 years of existence, the last 12 months definitely stand out.
    [Show full text]
  • The Best Business Writing 2012
    THE BEST BUSINESS WRITING 2012 Columbia Journalism Review Books Columbia Journalism Review Books Series Editors: Victor Navasky, Evan Cornog, Mike Hoyt, and the editors of the Columbia Journalism Review For more than fi ft y years, the Columbia Journalism Review has been the gold standard for media criticism, holding the profession to the highest standards and exploring where journalism is headed, for good and for ill. Columbia Journalism Review Books expands upon this mission, seeking to publish titles that allow for greater depth in exploring key issues confronting journalism, both past and present, and pointing to new ways of thinking about the fi eld’s impact and potential. Drawing on the expertise of the editorial staff at the Columbia Journalism Review as well as the Columbia Journalism School, the series of books will seek out innovative voices as well as reclaim important works, traditions, and standards. In doing this, the series will also incorporate new ways of publishing made available by the Web and e-books. Second Read: Writers Look Back at Classic Works of Reportage , edited by James Marcus and the Staff of the Columbia Journalism Review Th e Story So Far: What We Know About the Business of Digital Journalism , Bill Grueskin, Ava Seave, and Lucas Graves Th e Best Business Writing 2012 , edited by Dean Starkman, Martha M. Hamilton, Ryan Chittum, and Felix Salmon Th e Art of Making Magazines: On Being an Editor and Other Views from the Industry , edited by Victor S. Navasky and Evan Cornog THE BEST BUSINESS WRITING 2012 Edited by Dean Starkman, Martha M.
    [Show full text]
  • Major League Baseball Bankruptcies Attract More Than 150 Bankruptcy Judges and in Excess of 1500 Insolvency Professionals
    News from the Association of Insolvency & Restructuring Advisors Volume 27, Number 2 - 2013 In re Majestic Star Casino: The Shareholders Bet Big and Beat the Odds In re: The Majestic Star Casino, LLC, et al, In addition, the bankruptcy court’s order caused the (CA 3 5/21/2013) 111 AFTR 2d ¶ 2013-742 IRS to lose the benefit of MSC II’s tax liabilities being treated as an administrative expense of the Courts have historically ruled that when an S bankruptcy estate, which would have allowed the corporation was in bankruptcy the S election was government to be paid before most other creditors. considered property of the bankruptcy estate. If a See 11 U.S.C. § 503(b)(1)(B). Larry Strauss, CIRA Shareholder revoked the S election it was deemed a University of Baltimore violation of the automatic stay which prohibits “any BDI and the IRS appealed the bankruptcy court’s act to obtain possession of property of the estate.” decision resulting in the case at issue. The spring See 11 U.S.C. §362. Furthermore, the trustee board for this court’s analysis is Trans–Lines West, could seek to reverse such a prepetition revocation 203 B.R 653. That case discussed the merits of the by the shareholders as a preferential transfer. ( In re shareholder electing to revoke a debtor’s S election Bakersfield Westar, Inc.), 226 B.R. 227, 234 (B.A.P. 9th in regards to motions for summary judgment by both Cir.1998); Halverson v. Funaro (In re Funaro), 263 B.R. parties.
    [Show full text]