Bankruptcy Mastery

Becoming a better bankruptcy lawyer

  • Home
  • About Cathy
  • Contact Cathy
  • Articles by Topic
    • Attorneys fees
    • Bankruptcy Practice
    • Before filing
    • Business bankruptcy
    • Cases new & significant
    • Counseling clients
    • Family Law in Bankruptcy
    • Means test
    • Opinionated
    • Real property
    • Rule 3002.1
    • Tax
  • Table of Contents
  • Start Here

The Best MCLE Hour Ever

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

I’ve been admitted to the bar in California for 33 years and for most of that time we’ve had a continuing education requirement of some 15 hours a year.  I’ve handily exceeded that minimum every year.  When I was new and a generalist, there was so much to learn;  when I specialized, I found depths of bankruptcy practice that I had not imagined.  So when one program sticks out against that background, you have to say “Wow”.

Judge  Thomas Waldron &  Judge Bruce Markell  spoke on statutory construction at the  National Conference of Bankruptcy Judges in San Francisco in 2006.  Could there be a topic that appeared drier on its face?

Yet BAPCPA was new and everywhere we turned, we faced questions about what did it mean and how was a judge to know, or  what should an advocate argue.  An hour with Judge Waldron and at least I understood the issues, with a clarity that was startling.  He laid out a four step process for statutory interpretation of what was charitably described as the “often inattentive drafting” of BAPCPA.

While I can’t whisk you back in time to San Francisco in 2006 to see it live, I can point you to the written version of his thoughts on the subject.  It’s  Waldron and Berman, Principled Principles of Statutory Interpretation: A Judicial Perspective after Two Years of BAPCPA, 81 Am. Bankr. L.J. 195 (Summer 2007).  Waldron lays out a four step process for statutory interpretation of what was charitably described as the “often inattentive drafting” of BAPCPA.

Some of the issues that were unresolved then are settling out now as we get some Supreme Court decisions.  I dare you to read this and not better understand the thinking and the choices presented to the bench.

Image courtesy of judepics

More from my site

  • Marital Adjustment: Everything But The Kitchen SinkMarital Adjustment: Everything But The Kitchen Sink
  • Meet Me in Puerto RicoMeet Me in Puerto Rico
  • NACBA Live Blog: Caselaw UpdateNACBA Live Blog: Caselaw Update
  • Bankruptcy Case Law UpdateBankruptcy Case Law Update
  • Go Back, Says Mortgage Law ExpertGo Back, Says Mortgage Law Expert
  • Lenders Can’t Hide From Misapplication of Mortgage PaymentsLenders Can’t Hide From Misapplication of Mortgage Payments

Filed Under: Bankruptcy Practice

Comments

  1. George E. Bourguignon, Jr. says

    June 24, 2011 at 2:56 am

    Thanks for the tip.  Statutory construction/interpretation remains the most popular task of the US Sup. Ct. by the way.

  2. Anonymous says

    June 24, 2011 at 3:55 am

    Statutory interpretation has to be at the heart of every argument we make in a court room.  My clarion call is “read the statute first”.

[footer_backtotop]

Copyright © 2025 ·Prose · Genesis Framework by StudioPress · WordPress

Theme customization by Rowboat Media LLC