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Family Law Special Topics: Appeals, ERISA, Tax, Bankruptcy and other issues

You may also be interested in:

Family Law basic home study course

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Course Summary

This course is a unique opportunity to get practice tips on those complicated topics related to your family law cases. 

You will learn about: ERISA’s impact on the division of assets in family law cases; how a spouse's bankruptcy filing impacts your divorce proceedings; appelaing the divorce settlement; tax issues to watch out for; the effect of mediation privilege; and the fiduciary duty between spouses.

Don't miss our outstanding presenters: Honey Kessler Amado, Len Meyberg, Roger Halfhide, Ram Cogan, and Amy Goldman.

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What You Will Learn if You Attend This Seminar

ERISA and its impact on your family law settlements, including:

  • Common types of Retirement Plans
    A. Qualified Plans – QDRO’s mandatory
    B. IRA/SEP – although QDROs not required they may be used
    C. Non-Qualified Plans (often referred to as Excess Benefit Plans)
    D. Government Plans
  • Division of Retirement Plans
    A. Defined Contribution Plans including 401(k), IRAs, Cash Balance Plans
    B. Defined Benefit Plans
    C. Death without a QDRO
    D. Prenuptials

Bankruptcy: When a family law case collides with a bankrupt party - issues to look out for, including:

  • What happens when a spouse files bankruptcy in the middle of a divorce?
  • The impact of bankruptcy proceedings on family court proceedings and settlements
  • Debtor-spouse actions that impact the court’s ability to assign marital debts and divide community or separate property
  • What the family law court can continue to do when a party to divorce has filed bankruptcy?
  • Why a Relief from Stay Order is important to the non-debtor spouse
  • What happens with debts incurred in a divorce or separation proceeding that are owed to a spouse or former spouse by the Debtor-spouse?
  • What happens with Child Support and Alimony in a bankruptcy proceeding?
  • How does a bankruptcy filing by one spouse effect the non-filing spouse’s debts?
  • How is marital property treated and protected under bankruptcy when one spouse files?
  • Application of The Uniform Fraudulent Transfer Act to property transfers under MSAs.

Appeals

  • The different roles of the trial and appellate courts -- and how that informs the decision of whether to take an appeal
  • Standards of review in an appeal
  • Avoiding common mistakes in the trial court that negatively impact the appeal
  • Overview of the appellate process
  • Distinction between appeals and writs, including certifying bifurcated issues for appeal

Taxes: IRS §1041 – Transfer between spouses or Incident to Divorce – issues, rules, tips

Mediation Privilege

  • Defining Mediation Confidentiality, also known as Mediation Privilege, and its statutory sources
  • The importance of defining what will be confidential and what will be disclosed: impact of mediation confidentiality and of waivers
       -Agreements
       -Waivers
  • Exceptions to the mediation confidentiality: Evidence Code §1123
  • Admissible evidence notwithstanding mediation confidentiality: Evidence Code §§1119 and 1120
  • Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson) (2009) S-178914, currently pending in the California Supreme Court: what might be the future of mediation confidentiality
  • Inherent tensions between mediation confidentiality and disclosure statements, judgments, and pre- and post-nuptial agreements

Fiduciary Duty Between Spouses

  • Purpose of Fiduciary Duties Between Spouses;
  • Extent of Fiduciary Duties Between Spouses;
  • “No Penalty For Over Disclosure”;  and,
  • Remedies and Manner of Obtaining Relief.

"Do's & Don'ts"

Check back soon for a more detailed list and the benefits of this program!

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Home Study Course

Purchase now »

Family Law Special Topics: Appeals, ERISA, Tax, Bankruptcy and other issues

Click on the green "Purchase Now" button to the right to order the audio recording of our "Family Law Special Topics: Appeals, ERISA, Tax, Bankruptcy and other issues."  This will be a live recording of our May 2010 seminar in Los Angeles.  All audio orders are shipped approximately three weeks after the seminar date. 

$379 plus tax (in CA) and $7.50 shipping.  

Prefer to access the seminar online?  This course will be available for purchase as an instantaneous download to your computer or you may stream it online at your convenience. 

If you purchase the course in our downloadable or streaming format, you will be able to download the handouts and access the information immediately, however, you will not receive CDs.  This will be a live recording of our seminar on May 19 in Los Angeles.
 
After May 30, please go to our online/streaming portal to purchase the program in downloadable or streaming format: http://pincus.fastcle.com/store/provider/provider09.php?
 
To purchase this program in our audio CD recording plus printed handbook format, please click on the green "Purchase Now" button above.

Additional Family Law Home Study Programs:

2008 Family Law Conference: From Client Retention through Trial

Click here to purchase the audio recording of our Family Law Conference for beginners.  This is a live recording of our October 2008 seminar held in Los Angeles.  4.0 California MCLE Units. 

$295 plus CA tax and $7.50 shipping. 


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MCLE Credit

Pincus Professional Education certifies this seminar has been approved for MCLE credit in the amount of 6.0 credit hours, including .5 ethics credit in California.  Family Law Specialist credit approval pending.

Upon request, we will assist attorneys in asking for CLE credit in other states.

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Instructors

Faculty:

Hon. Amy M. Pellman
Judge
Los Angeles County Superior Court

Judge Pellman was appointed to the Los Angeles Superior Court bench in 2008 and prior to that appointment was a Commissioner from 2005 through 2008.  Judge Pellman has served at the Stanley Mosk and the Downey Courthouses.

Prior to joining the bench, Judge Pellman was the Legal Director of the Alliance for Children’s Rights from 2000 through 2005.  Judge Pellman also served as an Appellate Attorney/Senior Attorney at the Dependency Court Legal Services, now known as the Children’s Law Center of Los Angeles.  Judge Pellman began her legal career as a civil litigator.

Judge Pellman also serves as an Adjunct Professor at Southwestern Law School.

Honey Kessler Amado, Esq.
Certified Specialist: Appellate Law

Honey Kessler Amado is a certified appellate law specialist, certified by the State Bar of California, Board of Legal Specialization, and has been so since 1997. In addition to representing clients in the review courts, Ms. Amado serves as a consultant in the trial court on issues or cases anticipated for appeal, reviews cases to advise on the merits for appeal, and assists with writing and editing complex memoranda of points and authorities and briefs.

Ms. Amado currently sits on the Appellate Courts Committee of the Los Angeles County Bar Association, serves on the County Bar’s State Appellate Judicial Evaluations Committee, and serves on the voluntary settlement and mediation panel of the California Court of Appeal, Second District. She sat on the Child Support Advisory Board of the Los Angeles County Board of Supervisors until it was disbanded in December 2009. For a number of years, she sat on the Editorial Board of Los Angeles Lawyer magazine, having served as Chair of the Editorial Board for the 2000-2001 term. She enjoys an AV rating from Martindale-Hubbell and is honored to have been named as a Super Lawyer of Southern California in appellate law since 2005.

Ms. Amado has authored a number of articles on legal issues relating to appellate law or family law, including co-authoring a chapter on Hague procedures in the United States in international custody disputes for an international treatise and an article on calculating the time to appeal in state court. She is a frequent speaker and panelist on various law-related issues, having presented at a number of local study groups, bar associations, the Los Angeles County Bar Association, the American Academy of Matrimonial Lawyers, the California State Bar, and the American Bar Association.

Ms. Amado has a number of published opinions, including: Kristine H. v. Superior Court (Lisa R.) (2005) 37 Cal.4th 156; Marriage of Feldman (2007) 153 Cal.App.4th 1470; Marriage of Abargil (2003) 106 Cal.App.4th 1294; Marriage of Brewer and Federici (2001) 93 Cal.App.4th 1334; People v. De Leon (1994) 22 Cal.App.4th 1265; and Posey v. Leavitt (1991) 229 Cal.App.3d 1236, 280 Cal.Rptr. 568.

    Leonard J. Meyberg, Jr

    Law Offices of Leonard J. Meyberg

    Len Meyberg has been practicing law for more than forty years.  He is recognized as an expert in family law and has lectured on the topic in a multitude of local and state forums for almost thirty years.  Len frequently speaks on issues related to the valuation and division of marital property and marital termination agreements.  He also frequently teaches programs related to recent developments in family law.

     

    Len is heavily involved in Family Law sections of our California local bar associations, as a member and a leader, including the Beverly Hills Bar Association and the Los Angeles County Bar Association (LACBA).  Currently he is an Executive Committee Member of LACBA’s Family Law Section.  

    Len has been a volunteer Judge Pro Tem and Mediator since 1980. 

    Representative cases include:


    Counsel for Petitioner in Trial Court and Respondent on Appeal in In Re Marriage of Roe 18 Cal.App.4th 1483 (1983)

    Counsel for Petitioner in Trial Court and on Appeal in In Re Ivey 85 Cal. App.4th 793 (2000)

    Counsel for Petitioner/Appellant in Trial Court and on Appeal in Marriage of Pidduck (unpublished decision) (2003)

    Ram F. Cogan, Esq.
    Partner
    Phillips, Lerner, Lauzon & Jamra, LLP

    Ram F. Cogan, who has practiced law for the past 19 years, and who joined the firm of Phillips, Lerner, Lauzon & Jamra, LLP in the spring of 2005 as an associate, handles all aspects of family law matters including the litigation of those disputes that escalate to trial.

    With extensive experience as a business litigator, Mr. Cogan integrates his broad knowledge of business law, trial strategies, and sophisticated law and motion practice into the often complex intricacies of the various issues that present themselves in the process of resolving family law disputes.

    As a partner (including managing partner) with the Los Angeles law firm of Lindahl, Schnabel, Kardassakis & Beck, Mr. Cogan worked in various areas of law including cases involving complex business disputes, professional liability, defamation, wrongful death, and product liability.

    Born in Israel, Mr. Cogan migrated to the United States in 1967, only a few days after that country's Six-Day War.

    Mr. Cogan is a graduate of the University of California at Los Angeles School of Law, where he received his J.D. in 1987. While at UCLA School of Law, Mr. Cogan was an editor for the prestigious UCLA Environmental Law Journal.

    Admitted to practice law by the State Bar of California in 1987, Mr. Cogan was also admitted to practice in the U.S. District Court Central District as well as the U.S. District Court Northern District of California that same year. In 1995, he was admitted to the U.S. District Court Southern District of California, and in 1990 was admitted to practice in the U.S. Court of Appeals 9th Circuit.

    Active in the firm's Adopt-A-Center program, Mr. Cogan is also a founder, board member and executive committee member of the Beverly Hills Basketball League. Since its inception, that organization, now in its ninth year, has grown from 400 participants to 1,200 players ranging in age from kindergarten through high school.

    Amy Goldman, Esq.
    Partner
    Lewis Brisbois Bisgaard & Smith LLP

    Amy Goldman serves as Chair for the firm-wide Bankruptcy and Insolvency department at Lewis Brisbois Bisgaard & Smith LLP.  Amy has more than 20 years experience in the bankruptcy field and handles the following matters: 

    • Management responsibilities for individual Chapter 7 and complex  corporation Chapter 11 cases
    • Representation of Chapter 11 and 7 Trustees, Debtors, Debtors-in-Possession, Secured and Unsecured Creditors (including professionals, non-profits, healthcare entities, and insurance companies) in bankruptcy and work-out proceedings in a wide variety of industries
    • Representation of Assignees for the Benefit of Creditors, Federal and State Court Receivers, and Disbursing Agents Under Chapter 11 or out-of-court work-outs
    • Chapter 7 Panel Trustee for the Central District of California (1998 - present) appointed by the Office of the United States Trustee

    Amy is heavily involved in various bankruptcy law related associations at the local, state and national level, including:  

    • National Association of Bankruptcy Trustees Board of Directors (2005-2008)
    • California Bankruptcy Forum Board of Directors Member (1996-present): President (2008-2009); Vice President (2007-2008); Secretary (2006-2007); Treasurer (2005-2006)
    • Los Angeles Bankruptcy Forum Board of Directors Officer and Member (1986-present): President (1999-2000); Vice President (1998-1999); Treasurer (1997-1998); Secretary (1996-1997)
    • Ad Hoc Trustee Committee on Amending Local Bankruptcy Rules (2006)
    • International Women's Insolvency & Restructuring Confederation
    • Co-Chairperson of Southern California Chapter (2004-2006)
    • Women of Los Angeles
    • American Bankruptcy Institute
    • Los Angeles County Bar (Bankruptcy Insolvency Section

    Amy has been extensively involved in Bankruptcy programs, in speaking and organizing roles.  She has also authored multiple articles related to Bankruptcy.  For Amy’s full biography and publication list, see: http://www.lbbslaw.com/attorneybio.aspx?id=720.  Amy graduated Loyola Law School in 1987.

    Roger G. Halfhide, Esq.
    Partner
    Weinstein, Boldt, Halfhide and Camel

    Roger Halfhide has been practicing in the areas of tax, ERISA, estate planning, pensions plans, and employee benefits for almost thirty years.  Roger has an LLM in Taxation from New York University School of Law. 

    Roger has taught courses as a lecturer and adjunct professor for UC Los Angeles, the University of San Diego and the CSU Long Beach Graduate School of Business.  

    Roger frequently speaks on pension plans, taxation, LLCs, estate planning, and employee benefits.

    He is a member of the CA and New York bars.

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    Terms & Policies

    Seminar, Webinar, Webcast Registration and Attendance Terms & Policies

    Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

    Recording policy: No audio or video recording of any program is permitted.

    Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event.

    Substitutions may be made at any time.

    Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.

    Return/Refund Policy for Tapes/CDs/DVDs:

    Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

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