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Rene Lastreto II to Speak on Statutory Ag Liens at CCBA Institute

September 6, 2011 By

Lang, Richert & Patch shareholder, Rene Lastreto II will be a faculty member on a program analyzing California Statutory Agricultural Liens and Perishable Agricultural Commodities Act issues at the 25th annual Central California Bankruptcy Institute on September 22 and 23, 2011 at the Radisson Hotel in Fresno, California. The panel discussion will focus on identifying, perfecting and enforcing certain statutory lien and PACA trust rights which have now become one of the primary considerations when evaluating various insolvency issues facing creditors and debtors in the agricultural sector in California.

Mr. Lastreto is certified by the American Board of Certification in Creditor’s Rights Law and has nearly 30 years experience in representing all constituencies in agricultural insolvency and bankruptcy proceedings. He has authored two recent articles which are part of the program materials. One is on the California Dairy Cattle Supply Lien and the other on California Producer’s Liens. For access to those articles click here. He is a frequent speaker at various educational events.

Filed Under: Bankruptcy, Community, Company News

Fresno Attorneys receive 2010 Super Lawyer and Rising Star Honors

August 18, 2010 By

Lang, Richert & Patch is proud to recognize its 2010 Super Lawyers and Rising Stars. Every year, the San Francisco publication, Law and Politics puts together a listing of outstanding lawyers in more than seventy practice areas. These attorneys are recognized for their uncompromising work and professional achievement. Only upon being nominated by their peers and evaluated by an independent source in a multi-phase process, do attorneys qualify for Super Lawyer honors. Top up-and-coming attorneys in the state who are 40 years old or younger, or who have been practicing for 10 years or less, and who are peer nominated and reviewed may qualify for Rising Star honors. Only 5 percent of lawyers in each state make the published list of Super Lawyers while no more than 2.5 percent are named as Rising Stars.
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Filed Under: Bankruptcy, Business Law, Company News, Construction, Litigation

Peer Education provided by René Lastreto II

May 26, 2010 By

Lang, Richert & Patch shareholder and creditor’s rights attorney Rene Lastreto II has been and will be a faculty member in four separate lawyer education conferences this spring, summer and fall. On May 17, Mr. Lastreto was a faculty member for the National Business Institute’s “Negotiating Real Estate Loans and Workout Options” session at the Piccadilly Hotel in Fresno.

Mr. Lastreto was also a faculty member along with two other practitioners and two prominent Bankruptcy Judges at the California Bankruptcy Forum in Monterey from May 21 through May 23. Mr. Lastreto spoke on evidence issues confronting bankruptcy practitioners in Adversary Proceedings and Contested Matters for the panel discussion entitled “What Do You Mean I Can’t Get That in Evidence!”

On June 25, 2010 Mr. Lastreto will be a faculty member for the Central California Bankruptcy Association Fundamentals of Bankruptcy Law Seminar. Mr. Lastreto will be presenting the attendees with analysis of the Bankruptcy Discharge and Dischargeability of Debts.

On September 24, 2010 at the Radisson Hotel in Fresno Mr. Lastreto along with the Chief Judge of the Central District of California (effective January 1, 2011), Peter Carroll, will be presenting a panel discussion on Exemption Issues in Bankruptcy at the Central California Bankruptcy Association Annual Conference.

Lang, Richert & Patch has a long history of its attorneys participating in peer education further establishing its respected reputation for expertise in the legal community.

Filed Under: Bankruptcy, Company News

Fresno Attorneys receive Super Lawyer and Rising Star Honors

October 9, 2009 By

Super Lawyers and Rising Stars are honorary titles bestowed upon a select group of the most distinguished attorneys by the San Francisco publication, Law and Politics. Lang, Richert & Patch proudly recognizes its 2009 Super Lawyers and Rising Stars. Attorneys earn this distinction after being evaluated in a multi-phase process that involves peer nomination and third-party research, which rigorously evaluates the nominees. Renowned authorities esteem this complex process of selecting top lawyers and deem it legitimate. As a result of its selection criteria and in-depth research process, Super Lawyers and Rising Stars are among the most noteworthy, if not best, client representatives in the state and leaders in the legal community.
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Filed Under: Bankruptcy, Collections, Company News, Construction, Employment, Litigation Tagged With: , ,

Are You In Compliance With The New California Foreclosure Laws?

October 14, 2008 By

In an effort to “help even more Californians keep the American Dream of homeownership alive,” Governor Schwarzenegger signed SB 1137 into law on July 8, 2008. Taking full effect on September 6, 2008, the new laws have implications for lenders and borrowers alike.

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Filed Under: Bankruptcy, Business Law, Business News

US Supreme Court Decision Changes the Determination of Claims for Attorneys’ Fees in Bankruptcy Cases

August 8, 2007 By

By Christian D. Jinkerson

In Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co. (2007), the United States Supreme Court recently ruled that attorneys’ fees can be recovered in connection with an unsecured or undersecured claim pursuant to a contractual or statutory right in the context of a bankruptcy case. The Supreme Court’s decision overruled the Ninth Circuit Court of Appeals and changed the law with respect to all bankruptcy cases in California.

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Filed Under: Bankruptcy

Unsecured Creditors – Challenges after Bankruptcy Reform

January 14, 2007 By

Bankruptcy reform is sure to have an impact on the debt purchasing industry for years to come. But what are the key points that debt buyers need to look at?

by Alane Becket

With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), fundamental changes in how distribution of a debtor’s income will be made during a bankruptcy case went into effect. Unfortunately, touted as a “creditor’s bill,” an analysis of BAPCPA has uncovered several examples of the law of unintended consequences. Indeed, credit card companies and other unsecured creditors, and those who purchase this type of account, should proceed with caution when making projections based on media hype and rumor.

When analyzing and anticipating the net result of BAPCPA for a creditor or debt buyer’s bottom line, it is one thing to make general predictions about recoveries, but another to understand why the changes will occur and what can be done by unsecured creditors to make a positive difference for recoveries. This article will focus on some of the major changes made by BAPCPA and their effects on unsecured recoveries.

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Filed Under: Bankruptcy, Collections

Securing Multiple Debts by One Deed of Trust: Maximize Recovery with Dragnet Clauses

January 3, 2007 By

By René Lastreto, II
Lang, Richert and Patch

A “dragnet clause” is a contract provision stating that a mortgage secures all the debts that the mortgagor may at any time owe to the mortgagee. California courts have upheld the general validity of dragnet provisions. Union Bank v. Wendland, 54 Cal.App.3d 393, 398 (1976). They also recognize the risk that such provisions may be included in a trust deed or mortgage without the debtor’s knowledge or understanding. “Clauses such as this are often termed ‘dragnet’ or ‘anaconda,’ ‘as by their broad and general terms they enwrap the unsuspecting debtor in the folds of indebtedness embraced and secured in the mortgage which he did not contemplate… ‘….” Wong v. Beneficial Savings & Loan Association, 56 Cal.App.3d 286, 292 (1976) emphasis in original.

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Filed Under: Bankruptcy, Collections, Transactions

Bankruptcy Reform Act Aids Creditors in Claims

August 14, 2005 By

By René Lastreto, II
Lang, Richert and Patch

In April 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“Reform Act”). Most of the provisions go into effect on October 17, 2005. While the Reform Act contains many changes to consumer bankruptcy law, it also contains significant provisions applicable to business bankruptcy issues.

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Filed Under: Bankruptcy