Kathleen A. Cashman-Kramer practices in the areas of bankruptcy and other insolvency matters as well as in commercial and real estate litigation. Her representation includes trustees, creditors and debtors in commercial bankruptcies. She has successfully tried matters in federal and state courts and participated in ADR proceedings before the American Arbitration Association (AAA) and other panels.

Ms. Cashman-Kramer’s representation in the Bankruptcy Court includes bankruptcy trustees, secured, priority and unsecured creditors, lessors, and bankruptcy debtors in commercial Chapter 11 and Chapter 7 bankruptcy proceedings. She served for four years as the staff attorney for one of the standing Chapter 13 Trustees for the U.S. Bankruptcy Court for the Southern District of California. She also has represented title insurance companies as well as individual and corporate parties in business and real estate litigation.

Serving on the Bankruptcy Mediation Panel for the United States Bankruptcy Court, Southern District of California since 1995, Ms. Cashman-Kramer was presented with the Mediator of the Year Award for 2020-2021 by the Judges of the United States Bankruptcy Court. She has also served as a Pro-Tem Judge for the Small Claims Department of the San Diego Municipal Court since 1992.

Ms. Cashman-Kramer was selected by her peers for inclusion in the 29th and 30th editions of Best Lawyers in America® in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law.

Ms. Cashman-Kramer regularly presents for the local San Diego Credit Abuse Resistance Education (CARE) affiliate and previously served on the Board of Directors for 2004-2011 and 2016-present.  She served two three-terms on the Board of Directors for the San Diego Bankruptcy Forum, including serving as the president in 2003, the secretary for 2001-2002, the treasurer in 1996, and the vice-president in 1997. Ms. Cashman-Kramer currently serves as the chair of San Diego County Bar Association’s Bankruptcy Law Section, and has served as either the chair or the vice-chair of the Bankruptcy Section since 1999. She also currently serves as co-vice chair of the Insolvency Law Committee and the Business Litigation Committee of the California Lawyers Association, and is a regular contributor of articles to the Business Litigation Committee’s eBulletins.  She is a member of the San Diego and California Bankruptcy Forums, American Bar Association, the American Bankruptcy Institute, the Massachusetts Bar Association, and the District of Columbia Bar Association.

Ms. Cashman-Kramer was admitted to the State Bar of California in 1987. She is admitted to practice before all courts of the State of California, before the United States Supreme Court and the United States Court of Appeals for the Ninth Circuit and before the United States District and Bankruptcy Courts for the Southern Districts of California.

Education

• New England School of Law, J.D., 1984
• Stonehill College American University, B.A., 1981

 

Publications & Presentations:

• “Young vs. Midland – Debt collector may be held liable under the Rosenthal Act for falsely stating that substitute service had been achieved on the debtor, even if the debt collector did not know the statement was false;” Insolvency Law Committee eBulletin by the California Lawyers Association (February 2023).
• “Barclay vs. Boskoski,” Insolvency Law Committee eBulletin by the California Lawyers Association (December 2022).
• “In re Open Medicine Institute, LLC,” Insolvency Law Committee eBulletin by the California Lawyers Association (November 2022).
• “In re Powell – Ineligibility to be a Chapter 13 Debtor Does Not Deprive The Debtor of the “Near Absolute Right” to Dismiss His Chapter 13 Case,” Insolvency Law Committee eBulletin by the California Lawyers Association (November 2022).
• “In re Portland Injury Institute – When Can An Avoidance Action Be Sold to a Creditor?” Insolvency Law Committee eBulletin by the California Lawyers Association (August 2022).
• “In re Szanto,” Insolvency Law Committee eBulletin by the California Lawyers Association (July 2022).
• “Jakubaitis v. Golden – Terminating Sanctions Used Against Debtor In Adversary Proceeding Resulting In Revocation of His Discharge,” Insolvency Law Committee eBulletin by the California Lawyers Association (May 2022).
• “In re Crescent Associates, LLC – When Can a Bankruptcy Court Award Attorney’s Fees under California Civil Code Section 1717?” – Insolvency Law Committee eBulletin by the California Lawyers Association (April 2022).
• “In re Koshkalda,” Insolvency Law Committee eBulletin by the California Lawyers Association (May 2021).
• “In re Sarria,” Insolvency Law Committee eBulletin by the California Lawyers Association (May 2021).
• “In re Evans,” Insolvency Law Committee eBulletin by the California Lawyers Association (February 2021).
• “City of Chicago, Illinois, vs. Fulton (U.S. Sup. Ct.),” Insolvency Law Committee eBulletin by the California Lawyers Association (January 2021).
• “Brown v Barclay (In re Brown) (9th Cir),” Insolvency Law Committee eBulletin by the California Lawyers Association (January 2021).
• “Berkley v. Burchard (In re Berkley) (9th Cir. BAP),” Insolvency Law Committee eBulletin by the California Lawyers Association (December 2020).
• “Elliott vs. Pacific Western Bank – Debtor Cannot Avoid Completed Pre-Petition Judgment Levy on IRA Account,” Insolvency Law Committee eBulletin by the California Lawyers Association (November 2020).
• “In re Bartenwerfer – Debtors Beware: Creditor’s Attorneys’ [sic] Fees for Prosecuting Section 523 Action May Also Be Non-Dischargeable, Regardless of the Amount,” Insolvency Law Committee eBulletin by the California Lawyers Association (October 2020).
• “In re Burton – BAP rules “mere presence” of marijuana near bankruptcy
• case not sufficient for dismissal,” Insolvency Law Committee eBulletin by the California Lawyers Association (June 2020).
• “Chapter 12 Bankruptcy and the Family Farmer Relief Act,” Sullivan Hill (Co-Authored July 2020).
• “BAP Rules ‘Mere Presence’ of Marijuana Near Bankruptcy Case Not Sufficient for Dismissal,” Insolvency Law Committee eBulletin by the California Lawyers Association (June 2020).
• “Transfers on Death Deeds: The Good, the Bad, and the Ugly,” California Real Property Journal, Vol. 34, No. 3 (Co-authored 2016).
• “Settlement in “Robo-Signing” Class Action Cases Set Aside,” United Trustees Association Quarterly (Spring 2014 Issue).
• “Alakozai: The Case of Multiple Filers and The Effect of In-Rem Relief From The Automatic Stay Orders,” United Trustees Association Quarterly (Spring 2014 Issue).
• “Good News for Short Sellers: Coker vs. Chase,” United Trustees Association Quarterly, (Winter 2013 Issue).
• “Another Borrower Attack on Lender’s Assignment of Home Loan Defeated: Nordeen vs. BOA,” United Trustees Association Quarterly (Winter 2013 Issue).
• “Revisions to California Mechanics Lien Law and Developments in the Treatment of Mechanic’s Liens in Bankruptcy: An Update,” California Real Property Journal, Vol. 29, No. 4 (Co-authored 2011).
• “Fair Credit Reporting, Contested Charges and the Consumer: Who is at Risk?,” United Trustees Association Quarterly (Fall 2009 Issue).
• “Buyer Beware: Who Needs a Bond? The “Persons of Ordinary Intelligence” Test,” United Trustees Association Quarterly (Spring 2008 Issue).
• “Pending Revisions to California Mechanics Lien Law and Developments and Treatment of Mechanics Liens in Bankruptcy,” California Real Property Journal, Vol. 26, No. 3 (2008).
• “The Real Dirt Wars 2007: What It Was, What It Is Like Today, and What to Look for Tomorrow,” United Trustees Association Quarterly (Co-authored Summer 2007 Issue).
• “Converting a Chapter 7 to a Chapter 13: The End of Absolutism,” The Bankruptcy Strategist, Law Journal Newsletters, Vo. 23, No. 9 (Co-authored July 2006).
• “Will Your Bankruptcy Proof of Claim Stand Up To An Objection?” United Trustees Association Quarterly, (Fall 2006 Issue).
• “Practice By Ambush,” Rewriting the Code in Pleadings, The Bankruptcy Strategist (Law Journal Newsletters, Vol. 22, No. 6 (Co-authored April 2005).
• “A Look at the Real Estate-Related Aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Its Impact on Foreclosure and Real Estate Practices,” Parts I and II (Co-authored Summer 2005 and Fall 2005 Issues).
• “Further Update on “Violating the Automatic Stay and the Post-Discharge Injunction:” The Ninth Circuit Reaffirms that Actions Taken in Violation of a Court Order Are Void (Not Voidable) . . . And the Court Really Means It!,” California Trustees Association Quarterly, 3 (Co-authored Spring 2004).
• “Violating the Bankruptcy Automatic Stay and the Post-Discharge Injunction: It is Better to Ask Permission That to Beg Forgiveness,” California Trustees Association Quarterly (Co-authored Winter 2003 Issue).

Speaking & Teaching Engagements:

• Exemptions in Bankruptcy,” Bankruptcy Section of the San Diego County Bar Association (September 13, 2022).
• “Bankruptcy – from a 60,000 Foot View,” presentation to Legal Professionals, Inc. (April 7, 2022).
• “Get Retained and Paid in Bankruptcy Cases: Rules, Requirements and Practice Pointer,” presentation to the San Diego Bankruptcy Forum (September 2, 2021).
• “Consumer Cases in the Headlines,” presentation to the ABI Southwest Bankruptcy Conference (August 26, 2021).
• “Bankruptcy: a 60,000-Foot View,” presentation to Legal Secretaries, Inc. (February 28, 2019).
• “Attorney’s Fees in Chapter 13 Cases – Best Practices,” Bankruptcy Section of the San Diego County Bar Association (March 28, 2018).
• “Two Worlds Collide Redux- When Bankruptcy and Family Law Matters Overlap,” Bankruptcy Section of the San Diego County Bar Association (September 12, 2018).
• “Nuts & Bolts of Bankruptcy,” Bankruptcy Section of the San Diego County Bar Association (July 21, 2017).
• “Bankruptcy Basics: Nuts & Bolts of Bankruptcy,” Legal Secretaries Association, San Diego Chapter (March 16, 2017).
• “2015 Practice Under the New Local Bankruptcy Rules and Forms for the Southern District of California,” Bankruptcy Section of the San Diego County Bar Association (May 7, 2015).
• “Title Insurance in Tough Economic Times,” Annual Retreat for the Real Property Law Section of the State Bar for the State of California (May 1, 2015).
• “How to help Your Clients With More Than Bankruptcy,” Bankruptcy Section of the San Diego County Bar Association (March 13, 2014).
• “Mechanic Lien Pitfalls in Bankruptcy,” Bankruptcy Section of the San Diego County Bar Association (January 23, 2013).
• “Recent Developments in Mechanics Lien and Bankruptcy” 2012 California Annual State Bar Meeting (October 12, 2012).
• “Bankruptcy Basics – An Introduction,” New Lawyers Division and the Bankruptcy Section of the San Diego County Bar Association (June 7, 2012).
• “Changes to the Bankruptcy Rules,” Bankruptcy Section of the San Diego County Bar Association (January 24, 2011).
• “Exemptions in Bankruptcy: Developments and Dangers,” Bankruptcy Section of the San Diego County Bar Association (October 5, 2010).
• “Recent Developments in Discharge and Dischargeability Litigation,” Bankruptcy Section of the San Diego County Bar Association (June 10, 2010).
• “Bankruptcy Basics: Will You Know What To Do When You Get Notice of the Filing of a Bankruptcy By a Party in one of Your Client Matters?,” San Diego County Public Law Library (January 15, 2009).
• “Bankruptcy Basics: Will You Know What To Do When You Get Notice of the Filing of a Bankruptcy By a Party in one of Your Client Matters?,” San Diego Legal Secretaries Association (August 25, 2008).
• “Bankrupt on Ethics: Episode II – After BAPCPA,” Bankruptcy Section of the San Diego County Bar Association, 4 (March 14, 2007).
• “Cases Decided Under the New Code: Semi-annual Update,” Bankruptcy Section of the San Diego County Bar Association (March 23, 2006).
• “Exemptions Under The New Code: What To Watch Out For,” presentation to the Bankruptcy Section of the San Diego County Bar Association (February 21, 2006).
• “Ethical Considerations Under The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Beware All Ye Who Dare to Tread . .,” Bankruptcy Section of the San Diego County Bar Association (October 25, 2005).
• “The New Math: A Close Look At The Needs-Based (aka “Means Testing”) Under The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” Bankruptcy Section of the San Diego County Bar Association (September 20, 2005).
• “The Real Dirt: A Look Back at 2003’s Leading Real Estate Cases,” Bankruptcy Section of the San Diego County Bar Association (May 18, 2004).
• “Discharge Issues in Chapter 7 Cases: Nondischargeability and Revocation of Discharge,” Bankruptcy Section of the San Diego County Bar Association (February 18, 2003).

Ms. Cashman-Kramer is a member of the San Diego Bankruptcy Forum and California Bankruptcy Forum. She is also a member of several bar associations including the American Bar Association, California Bar Association, Massachusetts Bar Association, District of Columbia Bar Association, and currently serves as the chair of the Bankruptcy Law Section for the San Diego County Bar Association. She also serves on the Board of Directors for the Annual Bankruptcy T’ee Golf Tournament for the benefit of the Ardelle Williams Fund for Battered Women. Ms. Cashman-Kramer has served on the Board of Directors for Rancho Peñasquitos Pop Warner for 2004-2012, was the vice-president for 2006-2010, and a parent volunteer for 2002-2012. Previously, she was a religious education instructor at Our Lady of Carmel Mountain for preschoolers and grades 3, 6, 7, and 8 for 1999-2008.

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Sullivan Hill Attorneys Selected For Best Lawyers in America® and Best Lawyers: Ones To Watch® in America

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Ten Sullivan Hill Attorneys Named 2023 Top Lawyers in San Diego

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Kathleen Cashman Kramer Selected as "Business Women of the Year" Finalist by San Diego Business Journal

Sullivan Hill Attorneys Selected For Best Lawyers in America© and Best Lawyers: Ones To Watch

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Twelve Sullivan Hill Attorneys Recognized as "2022 Top Lawyers" by San Diego Magazine

Gary Rudolph and Kathleen Cashman-Kramer Presenting Bankruptcy Webinar for Legal Professionals Inc.

Kathleen Cashman-Kramer Named Mediator of the Year for 2020-2021

Kathleen Cashman-Kramer Presenting at the San Diego Bankruptcy Forum

Kathleen Cashman-Kramer Presenting at the ABI 2021 Southwest Bankruptcy Conference

Four Sullivan Hill Attorneys Recognized as "Women of Influence: 50 Over 50 2021" by the San Diego Business Journal

Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Kathleen Cashman-Kramer Published in the Insolvency Law Committee eBulletin by the Business Law Section of the CLA

Gary Rudolph and Kathleen Cashman-Kramer Presenting at SDLSA's May 2021 Virtual Inter-Association Membership Meeting

Of Counsel Kathleen Cashman-Kramer Published in the Insolvency Law Committee eBulletin by the CLA

Of Counsel Kathleen Cashman-Kramer Published in CLA's Insolvency Law Committee eBulletin

Of Counsel Kathleen Cashman-Kramer Published by the Business Law Section of the CLA

Of Counsel Kathleen Cashman-Kramer Published in the Insolvency Law Committee E-Bulletin by the CLA

Sullivan Hill's Gary Rudolph and Kathleen Cashman-Kramer to Serve as Chair and Vice Chair of the Bankruptcy Law Section of the SDCBA

Of Counsel Kathleen Cashman-Kramer Published in the November Insolvency Law Committee E-Bulletin by the CLA

Of Counsel Kathleen Cashman-Kramer Published in the Insolvency Law Committee E-Bulletin by the CLA

Of Counsel Kathleen Cashman-Kramer Published in the Business Law Section eNews by the California Lawyers Association

Chapter 12 Bankruptcy and the Family Farmer Relief Act

COVID-19: How Sullivan Hill Can Help Small Businesses Experiencing Shutdowns