Section News

May 12, 2014

Notice of Proposed Legislation - Receivership Statute Amendments


April 25, 2014

Agenda for the Executive Committee Meeting

A note from the Chair, John Rizzardi


December 18, 2013

Agenda for the Executive Committee Meeting

Minutes from the Executive Committee Meeting


September 20, 2013

Minutes from the Executive Committee Meeting


May 30, 2013

Minutes from the Executive Committee Meeting


April 16, 2013

Minutes from the April 12, 2013 Executive Committee Meeting.


February 5, 2013

The executive committee of the Creditor Debtor section is considering what position to take on SB 5535, which deals primarily with the recording of assignments of deeds of trust. 

SB 5535 - Concerning the recording of real property encumbrance transfers and assignments.

Please forward any comments to John Knapp at john.knapp@millernash.com.



December 17, 2012

Minutes from the December 7, 2012 Executive Committee meeting.


November 12, 2012

Dear Section Members: Please note that our next Section Executive Committee will be December 7, 2012 at 3 pm at the WSBA offices in Seattle. You are always welcome to observe our meetings or listen by phone on the dial in line. An agenda and dial in information will be circulated prior to the meeting.

John Rizzardi, Chair


November 9, 2012

The Bankruptcy Court for the Western District of Washington and the Federal Bar Association’s Bankruptcy Committee Cordially Invite you to Attend the Bankruptcy Bench-Bar Meetings:

December 4, 2012
December 11, 2012
January 29, 2013

1.5 CLE Credits

More information.


September 27, 2012

Minutes from September 14, 2012 Executive Committee meeting. 


August 30, 2012

Hi Fellow Section Members,

Our Section's Annual Meeting will be held on September 14th at 3:00 p.m. at the (lovely!) offices of John Rizzardi (Cairncross & Hempelmann, 524 Second Avenue, Suite 500, Seattle).  Everyone is invited to attend either in person or by phone. 

Please RSVP to me if you will be attending, either in person or telephonically.

Thanks, and Happy Labor Day (almost),

Gloria Z. Nagler
Chair, WSBA Creditor-Debtor Section

Executive Committee Meeting Agenda

Instructions for telephonic attendance


August 24, 2012

Dear Section Members,

The election results are in (and thanks to all of you who voted!):

Position No. 1, Eastern District of Washington:  Kevin O’Rourke

Position No. 2, Eastern District of Washington:  Noel Pitner

Position No. 3, Western District of Washington, North Division (excluding King County):  Karen Gibbon

Position No. 4, King County:  William Malaier, Jr.

Position No. 6, Southern Division of the Western District of Washington:  Brett Wittner

Congrats to the new members! The newest Committee members will be inducted at our annual meeting which is on Friday, September 14th, at 3:00 p.m. at the offices of John Rizzardi (and he has some of the prettiest office space I’ve seen!). All Section members are welcome, of course. Please let me know if you are attending, so that we can be sure of sufficient space and coffee.

We will also be introducing the new Executive Committee officers, who will serve a two-year term: The new Chair will be John Rizzardi, Past Chair will be me, Chair Elect will be Jim Hurley, and our new Recorder will be Tom Linde.

I’ll be circulating our agenda sometime soon, and will post it on the Section’s website.

Have a good weekend!

Warm regards,

Gloria Z. Nagler
Nagler & Malaier, P.S.
500 Union Street, Suite #927
Seattle, WA  98101
206-224-3462


July 19, 2012

Dear Section Members: 
 
The Section’s Executive Committee has authorized a Task Force to study the Receivership Statute (RCW 7.60) and related Local and Civil Rules for the purpose of determining whether amendments to the statute or rule changes (civil rules and local rules) might be in order for the future. There would not be any amendments or changes proposed for the 2013 legislative session – the soonest would be 2014.  The Task Force is reaching out to a wide array of attorneys, receivers and the judiciary for input. If you have any comments or ideas you would like considered, please send an email to me and it will be considered by the Task Force. 
 
Thanks,
 
John Rizzardi
Chair Elect, Executive Committee
206 254-4444
jrizzardi@cairncross.com


June 7, 2012

Hello Fellow Section Members,

Our Executive Committee will have its meeting at Sun Mountain (where the Eastern District’s Creditor-Debtor Bar is having their annual meeting/CLE) at 5:00 p.m. on Friday, June 15th, in the Methow Room.  We encourage you to attend the CLE at Sun Mountain: interesting presentations with mountains for a backdrop!

Here is our agenda which is, of course, subject to change.

You are welcome to join us in person or by phone. I have also included the conference call number for those of you who want to attend by phone.

Thanks, and have a good (and maybe sunny!) weekend!

Warm regards,

Gloria Z. Nagler
Chair, WSBA Creditor Debtor Section


May 31, 2012

Dear Section Members:

As many of you know, the recent referendum that reduced an attorney’s annual dues to the WSBA has resulted in a significant amount of discussion by the Board of Governors, and should result in significant cutbacks and reductions in WSBA expenditures. One of these reductions is an end to the WSBA subsidy of Section members’ fees, which are estimated to be in the $5.50 to $6.50 range, per member. In anticipation of this outcome, and in order to enable WSBA to meet its budget deadlines, the Executive Committee of the Creditor Debtor Section met on May 18, 2012 and resolved to approve an increase in Section dues, if required due to the termination of the subsidy, for up to $7.00 per member. We set the level a bit high in order to allow some flexibility and avoid the need for meeting again in case the actual amount was slightly more than projected. Thus, once WSBA determines the final amount of the increase for all Sections, each member’s Section dues will be increased by a corresponding amount.  If you have any questions about this you can email or call me.

John Rizzardi
Attorney
Cairncross & Hempelmann
524 Second Ave., Ste. 500
Seattle, WA 98104-2323
jrizzardi@cairncross.com
www.cairncross.com
Direct phone 206-254-4444
Office fax 206-587-2308
Cell phone 206-619-5560


May 24, 2012

Hello Fellow Section Members,

Our Executive Committee will be having its next meeting at the Bankruptcy Seminar being held at Sun Mountain Lodge in Winthrop. The meeting will begin at 5:00 p.m. on Friday, June 15th in the Methow Room.  We don’t have our agenda set, yet, but sometime in early June I will post our agenda on our section’s website. You are welcome to join us in person or by phone.

I’ve always enjoyed the Sun Mountain seminar, so I encourage you to attend — especially if you have not been to it before.

Sincerely,

Gloria Z. Nagler
Chair, Creditor-Debtor Section


March 29, 2012

Dear Section Members,

The Executive Committee of WSBA’s Creditor-Debtor Section will hold its next meeting on Friday, April 27th, at 5:30 in the Douglas Boardroom at the Grand Hyatt in Seattle.

I will develop our agenda in the next week or so and post it here on our Section’s WSBA website.

If you have any potential agenda issue and cannot make it to the meeting, please feel free to email your comments to me and I will share them with the Executive Committee members.

If you are planning on attending the Annual Meeting, please RSVP to me no later than April 20th.

Warm regards,

Gloria Z. Nagler
Chair, Executive Committee for WSBA Creditor-Debtor Section


January 24, 2012

Dear Members,

The WSBA has asked for the Creditor Debtor Rights Executive Committee's position on the extension of time to enforce judgments.  We recognize that we have previously notified the Section of a more general proposal to extend the life of all judgments, as well as one limited to judgments relating to impaired drivers, and received quite a bit of strong feedback already. 
 
We wanted to let you know that currently before the House and Senate are the impaired driver version and yet another different version which would allow for extensions for judgments other than for breach of contract.
 
HB 2176 would allow judgments arising from impaired judgments to be eligible for extension beyond 20 years.  There was a House Judiciary Committee hearing on this on January 18.     http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/6001.pdf
 
SB 6210 goes broader and would allow judgments arising from all torts (i.e., everything but breach of contract) to be extended for another 10 years.  There was a Senate Judiciary Committee hearing on January 18.  Here is the link to the bill:  http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/6210.pdf
 
Please send comments to the Executive Committee via John Knapp at john.knapp@millernash.com

Thanks,

Gloria Z. Nagler
Chair, Creditor-Debtor Section


January 19, 2012

Hello Section Members,

This Section has been asked to look at the attached garnishment legislation. Our Executive Committee will be discussing the bill and deciding whether to take a position, and, if so, which position, this week. Please give us your comments this week -- and thanks to John Knapp for summarizing the bill and being the point person on this legislation.

Stay warm and safe today,

Gloria Z. Nagler
Chair, Creditor-Debtor Section

The bill:

bill is before a committee of the state House of Representatives to make changes to the garnishment statute.  The Executive Committee of the Creditor Debtor Rights Section has been asked for its position on the proposed changes, and the Executive Committee is considering what position to have, if any.  The goal, if possible, is to decide by Monday or Tuesday of next week.

A copy of the current version of the bill, showing changes against the current law, is attached.  The changes would include:

  1. Inclusion of per diem interest during the garnishment process and increases in maximum costs and attorneys' fees.
  2. Modification of text for the writ and answer forms.
  3. An alternative form of writ of garnishment for continuing lien on earning in district court in cases where the judgment creditor is represented by a licensed attorney.
  4. Exemption of earnings at the greater of 35 times the federal minimum wage at the time the writ is issue or 75% of the defendant's disposable earnings.

The Committee has been asked to provide feedback in particular regarding the following aspects of the legislation: (a) procedural issues; (b) "pay as you go" provisions; and (c) the per diem assessment of an attorney fees/interest to go out additional time.  We have also been alerted that there is disagreement between consumer and collection camps as to whether the exemption should actually be 40 times the minimum wage rather than 35.  The consumer group's view is that 40 times is the appropriate level in order to improve Washington's standing among the states in debtor protection.

Please provide any input to John Knapp at john.knapp@millernash.com as soon as possible for dissemination to the Executive Committee.