Glenn W. Calsada
J.D., UCLA School of Law (1986)
B.S., University of Southern California (1982)
Mr. Calsada has over thirty years of litigation experience representing various parties in complex cases involving real property, wrongful foreclosure, predatory lending, truth in lending, bankruptcy claims and adversary proceedings, debtor-creditor disputes, land use, zoning, environmental, eminent domain, inverse condemnation, and planning matters. Mr. Calsada has served as a special counsel for the cities of Los Angeles, Lynwood, Maywood, Cudahy, and South Gate regarding contracts, real property, land use, planning, and redevelopment matters. In addition, he served as General Counsel for the Los Angeles Community Redevelopment Agency where he was responsible for drafting real estate development deals and supervising construction litigation matters. He has also advised various governmental entities on compliance with the Brown Act, Public Records Act, the Public Contract Code, and Tort Claims Act.
Mr. Calsada is also an award-winning mediator and became a specialist in bankruptcy law after assisting hundreds of homeowners facing foreclosure in the 1990s. He received special training in professional mediation at Pepperdine School of Law Institute for Dispute Resolution. In 2002, Mr. Calsada was the most frequently chosen bankruptcy mediator for the entire Central District of California.? His experience includes serving as an initial panel member for the Bankruptcy mediation program with the United States Bankruptcy Court and the Los Angeles Superior Court. Since 1999, Mr. Calsada has been certified in bankruptcy law by the State Bar of California, Board of Legal Specialization.??
Mr. Calsada’s community services include serving as the President and Pro Bono Legal Counsel of the largest Domestic Violence Transitional Shelter for women and children in the United States.
“My main?goal is?to get the?best results for my clients. My?rates are reasonable and when you call me I answer your?questions.?Before?I file any bankruptcy case, I will counsel you?on the benefits and drawbacks of a bankruptcy/reorganization or liquidation. I will also tell you whether or not to file a bankruptcy case and?explain alternatives?to?filing.”
Important Calsada Law Cases in the Appellate Courts
Note: In accordance with Federal Rule of Appellate Procedure 32.1, memoranda issued on or after January 1, 2007 may be cited without restriction.
In re Cregar (BAP) Memorandum 11/19/10
[Bankruptcy Judge Catherine Bauer’s Order disallowing Debtor’s amended exemption claims based on bad faith without holding an evidentiary hearing was an abuse of discretion. Order vacated and remanded to so that the bankruptcy court can hold the required evidentiary hearing.]
In re Orlando Hidalgo (BAP) Memorandum 7/9/07
[Overruled Objection by Ch.7 Trustee to Debtor’s belated claim of Homestead Exemption on equitable title AFFIRMED on appeal]
In re Santos (BAP) Memorandum 7/11/07
[Summary Judgment on wage claim dispute against Debtors REVERSED on appeal]
In re Santos (BAP) Memorandum 12/20/05
[Allowance of Claim against Debtors without a trial REVERSED on appeal)
In re Flores (BAP) Memorandum 7/26/00
[Summary Judgment against Debtor’s lawsuit for wrongful foreclosure REVERSED on appeal]
Kraft Case(CA2d) Memorandum 10/7/02
[Mr. Calsada’s Testimony as Bankruptcy Expert on appeal]
Guerrero v. Cordova (CA2d) Opening Brief
[Specific performance judgment granting equitable conversion proceeds to Client Challenged in Cross-Appeal]
Ward v. Munoz (CA2d) Unpublished Opinion 11/16/09
[REVERSED on appeal a Judgment which “deemed recorded” prior to the death of a severing joint tenant a quitclaim deed which was not officially recorded until 90 days after death in violation of Civ. Code Section 683.2(c)’s seven-day rule.]
Chu v Chu (Santa Clara Superior Court) MSJ Ruling 12/5/2011
[GRANTED.? Judge McKenney granted Plaintiff’s Summary Judgment Motion on the complaint to quiet title and cancel deed and living trust instruments, purporting to sever a joint tenancy, which was recorded more than 7 years after their creation in violation of Civ. Code Section 683.2(c).]
[GRANTED. Judge Tighe granted the Debtor’s Motion to Dismiss the Complaint for nondischargeability of Debt alleging state law claims for wrongful termination, retaliation, discrimination, and harassment by the association against the individual Debtor for lack of allegations that the Debtor was the Plaintiff Employee’s actual Employer or the Alter Ego for his actual corporate Employer.]
In re Bencomo I (9TH CIR. BAP)
[REVERSED AND REMANDED]
In re Bencomo II (9th Cir. BAP)
[REVERSED AND REMANDED] ON FURTHER APPEAL TO THE 9TH CIR.
[REVERSED AND REMANDED] Judge Barry Russell’s Order Granting Summary Judgment for Fraud based on State Court Judgment was reversed and remanded where there was no record that Debtor’s misrepresentations in the purchase and sale of real property formed the basis for any fraud judgment or any damages based thereon.?
In re Interworks Unlimited, Inc. (9th Cir. BAP)
[AFFIRMED]? Judge Zurzolo’s dismissal of Chapter 7 Trustee Edward Wolkowtiz’s avoidance actions for $400k against the client was upheld as untimely by the 9th Circuit BAP where the Trustee waited until the minute to file an adversary complaint and did so in the wrong bankruptcy case and then waited nearly 3 months before trying to fix the mixup in filings.?
In re Cadena (Judge Maureen Tighe) PUBLISHED DECISION
[SANCTIONS GRANTED]? Judge Maureen Tighe granted $64,000 in sanctions against Putative Creditor Luigi Interlandi and his Attorney Michael Shemtoub for filing an Involuntary Bankruptcy Petition against the client on a non-existent debt.??
FLEXIBLE FUNDING LAWSUITS
Three lawsuits against account debtors for recovery of assigned invoices to a factoring company Flexible Funding were dismissed by the San Francisco Superior Court Law & Motion Dept. on account that:
1. Commercial Code Section 9406 does not impose liability distinct from the assigned accounts receivable.
2. Flexible Funding lacks capacity to prosecute assigned claims from its assignor Galca Group LLC which itself was a suspended entity at the time of notice of assignments. Commercial Code Section 9404(a)(2) states rights of assignee are subject to any defense or claim of the account debtor against the assignor which accrues before the account debtor receives a noification of the assignment. Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304.