From wixomlawoffice at gmail.com Mon Apr 8 11:54:58 2013 From: wixomlawoffice at gmail.com (Rocky Wixom) Date: Mon, 8 Apr 2013 11:54:58 -0600 Subject: [CLBS] PI claim awarded after a Chapter 7 closed Message-ID: H ere are the facts: Client sees a national law firm commercial and believes he may have a personal injury claim for damages for taking a prescription drug. He contacts the firm, they screen it and send him a letter saying his statute of limitations is run and there is no claim. TWO YEARS LATER he files a chapter 7. Because the law firm said there was no claim he did not disclose the issue in any way to the Court or Trustee. His no asset case closes in approximately 3 months from the petition. I never withdrew from the case. I never withdraw from closed cases. 3 months after the case closed the national law firm re-evaluated cases of his type and reached out to him to reopen the PI case Turns out he is now entitled to a very substantial recovery. Not long ago the law firm called me and informed me of these facts which is when I learned of any of this for the first time. Question: 1) Because my client was told by a firm two years prior to filing that he did not have a claim I do not believe he has any issues with bankruptcy fraud, yet. The firm has admitted that they originally told him he had no case. Am I wrong? 2) Isn't this an undisclosed contingent and unliquidated claim that existed at the time of the bankruptcy despite the national law firms advice to the contrary? Thus isn't it property of the estate subject only to a PI exemption to the extent reasonably necessary for support? 3) If so doesn't my client have a duty to re-open and list the asset and claim any exemption? Probably have to negotiate a compromise settlement? 3) what is the test for reasonably necessary for support of my client and his minor children? 4) what if my client says he does not want to re list and bring to the trustee's attention? As the attorney of record in a closed case do I have a duty to re-open and withdraw from the case without disclosing to the trustee what my client is doing? Or does the fact that it is closed mean I can walk away and let my client run the risk of bankruptcy fraud for not allowing me to re-open and disclose? any thoughts would be appreciated. -- Rocky L. Wixom, Attorney at Law (208) 542-5298 Wixom Law Office, Inc. PO Box 51334 Idaho Falls, Idaho 83405 The contents of this message and any attachments are protected under the attorney-client privilege and are intended for the designated recipient only. If you have received this message in error then please delete it and contact Wixom Law Office at (208) 542-5298 immediately. From ajt at aaronjtolsonlaw.com Mon Apr 8 14:40:00 2013 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Mon, 8 Apr 2013 14:40:00 -0600 Subject: [CLBS] PI claim awarded after a Chapter 7 closed In-Reply-To: References: Message-ID: I have had a couple similar things and I think you have to reopen and administer. I think the current state of the case law is that if you don't run it through bankruptcy, there is an absolute defense to the malpractice case (see recent case McAllister v. Dixon, 2013 Opinion 16 Idaho Supreme Court.) I do malpractice panel hearings and that is coming up as a defense more than you might think. So it might help you with your client to explain that they may not even get a recovery if they don't reopen. It is a pretty easy thing to do that I can send you the forms if you need to I just did a case that is with Mr. Hopkins. On Mon, Apr 8, 2013 at 11:54 AM, Rocky Wixom wrote: > H > ere are the facts: > > Client sees a national law firm commercial and believes he may have a > personal injury claim for damages for taking a prescription drug. > > He contacts the firm, they screen it and send him a letter saying his > statute of limitations is run and there is no claim. > > TWO YEARS LATER he files a chapter 7. Because the law firm said there was > no claim he did not disclose the issue in any way to the Court or Trustee. > His no asset case closes in approximately 3 months from the petition. I > never withdrew from the case. I never withdraw from closed cases. > > 3 months after the case closed the national law firm re-evaluated cases of > his type and reached out to him to reopen the PI case Turns out he is now > entitled to a very substantial recovery. > > Not long ago the law firm called me and informed me of these facts which is > when I learned of any of this for the first time. > > Question: > > 1) Because my client was told by a firm two years prior to filing that he > did not have a claim I do not believe he has any issues with bankruptcy > fraud, yet. The firm has admitted that they originally told him he had no > case. Am I wrong? > > > 2) Isn't this an undisclosed contingent and unliquidated claim that existed > at the time of the bankruptcy despite the national law firms advice to the > contrary? Thus isn't it property of the estate subject only to a PI > exemption to the extent reasonably necessary for support? > > 3) If so doesn't my client have a duty to re-open and list the asset and > claim any exemption? Probably have to negotiate a compromise settlement? > > 3) what is the test for reasonably necessary for support of my client and > his minor children? > > 4) what if my client says he does not want to re list and bring to the > trustee's attention? > As the attorney of record in a closed case do I have a duty to re-open and > withdraw from the case without disclosing to the trustee what my client is > doing? Or does the fact that it is closed mean I can walk away and let my > client run the risk of bankruptcy fraud for not allowing me to re-open and > disclose? > > any thoughts would be appreciated. > > > > > > > -- > Rocky L. Wixom, Attorney at Law > (208) 542-5298 > > Wixom Law Office, Inc. > PO Box 51334 > Idaho Falls, Idaho 83405 > > The contents of this message and any attachments are protected under the > attorney-client privilege and are intended for the designated recipient > only. If you have received this message in error then please delete it and > contact Wixom Law Office at (208) 542-5298 immediately. > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. From ford at ejame.com Mon Apr 8 15:04:56 2013 From: ford at ejame.com (Ford Elsaesser) Date: Mon, 8 Apr 2013 21:04:56 +0000 Subject: [CLBS] PI claim awarded after a Chapter 7 closed In-Reply-To: References: Message-ID: <3996556F8B2F8040ABBD7B56935D500E13901FE6@EJAMEDC.ejame.local> Reopen case;schedule the claim;make a deal with trustee on split of eventual proceeds -or-the court prefers-claim the exemption and put the trustees objection to ex. On hold pending settlement-ford -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Aaron Tolson Sent: Monday, April 08, 2013 1:40 PM To: Rocky Wixom Cc: clbs Subject: Re: [CLBS] PI claim awarded after a Chapter 7 closed I have had a couple similar things and I think you have to reopen and administer. I think the current state of the case law is that if you don't run it through bankruptcy, there is an absolute defense to the malpractice case (see recent case McAllister v. Dixon, 2013 Opinion 16 Idaho Supreme Court.) I do malpractice panel hearings and that is coming up as a defense more than you might think. So it might help you with your client to explain that they may not even get a recovery if they don't reopen. It is a pretty easy thing to do that I can send you the forms if you need to I just did a case that is with Mr. Hopkins. On Mon, Apr 8, 2013 at 11:54 AM, Rocky Wixom wrote: > H > ere are the facts: > > Client sees a national law firm commercial and believes he may have a > personal injury claim for damages for taking a prescription drug. > > He contacts the firm, they screen it and send him a letter saying his > statute of limitations is run and there is no claim. > > TWO YEARS LATER he files a chapter 7. Because the law firm said there > was no claim he did not disclose the issue in any way to the Court or Trustee. > His no asset case closes in approximately 3 months from the petition. > I never withdrew from the case. I never withdraw from closed cases. > > 3 months after the case closed the national law firm re-evaluated > cases of his type and reached out to him to reopen the PI case Turns > out he is now entitled to a very substantial recovery. > > Not long ago the law firm called me and informed me of these facts > which is when I learned of any of this for the first time. > > Question: > > 1) Because my client was told by a firm two years prior to filing that > he did not have a claim I do not believe he has any issues with > bankruptcy fraud, yet. The firm has admitted that they originally told him he had no > case. Am I wrong? > > > 2) Isn't this an undisclosed contingent and unliquidated claim that > existed at the time of the bankruptcy despite the national law firms > advice to the contrary? Thus isn't it property of the estate subject > only to a PI exemption to the extent reasonably necessary for support? > > 3) If so doesn't my client have a duty to re-open and list the asset > and claim any exemption? Probably have to negotiate a compromise settlement? > > 3) what is the test for reasonably necessary for support of my client > and his minor children? > > 4) what if my client says he does not want to re list and bring to the > trustee's attention? > As the attorney of record in a closed case do I have a duty to re-open > and withdraw from the case without disclosing to the trustee what my > client is doing? Or does the fact that it is closed mean I can walk > away and let my client run the risk of bankruptcy fraud for not > allowing me to re-open and disclose? > > any thoughts would be appreciated. > > > > > > > -- > Rocky L. Wixom, Attorney at Law > (208) 542-5298 > > Wixom Law Office, Inc. > PO Box 51334 > Idaho Falls, Idaho 83405 > > The contents of this message and any attachments are protected under > the attorney-client privilege and are intended for the designated > recipient only. If you have received this message in error then > please delete it and contact Wixom Law Office at (208) 542-5298 immediately. > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From wixomlawoffice at gmail.com Mon Apr 8 15:41:42 2013 From: wixomlawoffice at gmail.com (Rocky Wixom) Date: Mon, 8 Apr 2013 15:41:42 -0600 Subject: [CLBS] PI claim awarded after a Chapter 7 closed In-Reply-To: <3996556F8B2F8040ABBD7B56935D500E13901FE6@EJAMEDC.ejame.local> References: <3996556F8B2F8040ABBD7B56935D500E13901FE6@EJAMEDC.ejame.local> Message-ID: *T**hanks for the feedback everyone. Brings up a new question. If the National Firm told them they had no case and my client relied upon that to file bankruptcy doesn't the estate also have a claim for malpractice? I mean if he had pursued the claim I may well have been able to settle his debts and keep him a substantial portion and avoid bankruptcy altogether?* ** On Mon, Apr 8, 2013 at 3:04 PM, Ford Elsaesser wrote: > Reopen case;schedule the claim;make a deal with trustee on split of > eventual proceeds -or-the court prefers-claim the exemption and put the > trustees objection to ex. On hold pending settlement-ford > > -----Original Message----- > From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Aaron Tolson > Sent: Monday, April 08, 2013 1:40 PM > To: Rocky Wixom > Cc: clbs > Subject: Re: [CLBS] PI claim awarded after a Chapter 7 closed > > I have had a couple similar things and I think you have to reopen and > administer. I think the current state of the case law is that if you don't > run it through bankruptcy, there is an absolute defense to the malpractice > case (see recent case McAllister v. Dixon, 2013 Opinion 16 Idaho Supreme > Court.) I do malpractice panel hearings and that is coming up as a > defense more than you might think. So it might help you with your client to > explain that they may not even get a recovery if they don't reopen. It is > a pretty easy thing to do that I can send you the forms if you need to I > just did a case that is with Mr. Hopkins. > > On Mon, Apr 8, 2013 at 11:54 AM, Rocky Wixom >wrote: > > > H > > ere are the facts: > > > > Client sees a national law firm commercial and believes he may have a > > personal injury claim for damages for taking a prescription drug. > > > > He contacts the firm, they screen it and send him a letter saying his > > statute of limitations is run and there is no claim. > > > > TWO YEARS LATER he files a chapter 7. Because the law firm said there > > was no claim he did not disclose the issue in any way to the Court or > Trustee. > > His no asset case closes in approximately 3 months from the petition. > > I never withdrew from the case. I never withdraw from closed cases. > > > > 3 months after the case closed the national law firm re-evaluated > > cases of his type and reached out to him to reopen the PI case Turns > > out he is now entitled to a very substantial recovery. > > > > Not long ago the law firm called me and informed me of these facts > > which is when I learned of any of this for the first time. > > > > Question: > > > > 1) Because my client was told by a firm two years prior to filing that > > he did not have a claim I do not believe he has any issues with > > bankruptcy fraud, yet. The firm has admitted that they originally told > him he had no > > case. Am I wrong? > > > > > > 2) Isn't this an undisclosed contingent and unliquidated claim that > > existed at the time of the bankruptcy despite the national law firms > > advice to the contrary? Thus isn't it property of the estate subject > > only to a PI exemption to the extent reasonably necessary for support? > > > > 3) If so doesn't my client have a duty to re-open and list the asset > > and claim any exemption? Probably have to negotiate a compromise > settlement? > > > > 3) what is the test for reasonably necessary for support of my client > > and his minor children? > > > > 4) what if my client says he does not want to re list and bring to the > > trustee's attention? > > As the attorney of record in a closed case do I have a duty to re-open > > and withdraw from the case without disclosing to the trustee what my > > client is doing? Or does the fact that it is closed mean I can walk > > away and let my client run the risk of bankruptcy fraud for not > > allowing me to re-open and disclose? > > > > any thoughts would be appreciated. > > > > > > > > > > > > > > -- > > Rocky L. Wixom, Attorney at Law > > (208) 542-5298 > > > > Wixom Law Office, Inc. > > PO Box 51334 > > Idaho Falls, Idaho 83405 > > > > The contents of this message and any attachments are protected under > > the attorney-client privilege and are intended for the designated > > recipient only. If you have received this message in error then > > please delete it and contact Wixom Law Office at (208) 542-5298 > immediately. > > _______________________________________________ > > CLBS mailing list > > CLBS at admws.idaho.gov > > http://admws.idaho.gov/mailman/listinfo/clbs > > > > > > -- > Aaron J. Tolson > 2677 E. 17th St. #300 > Ammon, ID. 83406 > 208-228-5221 > > This a privileged communication. Please advise if you received it in > error. > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- Rocky L. Wixom, Attorney at Law (208) 542-5298 Wixom Law Office, Inc. PO Box 51334 Idaho Falls, Idaho 83405 The contents of this message and any attachments are protected under the attorney-client privilege and are intended for the designated recipient only. If you have received this message in error then please delete it and contact Wixom Law Office at (208) 542-5298 immediately. From rgreenwood at greenwoodlaw.com Tue Apr 9 08:50:57 2013 From: rgreenwood at greenwoodlaw.com (rgreenwood at greenwoodlaw.com) Date: Tue, 9 Apr 2013 10:50:57 -0400 Subject: [CLBS] PI claim awarded after a Chapter 7 closed Message-ID: <380-22013429145057320@M2W137.mail2web.com> see 18 U.S.C.A. ? 152(1) I'm just sayin'... Original Message: ----------------- From: Rocky Wixom wixomlawoffice at gmail.com Date: Mon, 8 Apr 2013 11:54:58 -0600 To: clbs at admws.idaho.gov Subject: [CLBS] PI claim awarded after a Chapter 7 closed H ere are the facts: Client sees a national law firm commercial and believes he may have a personal injury claim for damages for taking a prescription drug. He contacts the firm, they screen it and send him a letter saying his statute of limitations is run and there is no claim. TWO YEARS LATER he files a chapter 7. Because the law firm said there was no claim he did not disclose the issue in any way to the Court or Trustee. His no asset case closes in approximately 3 months from the petition. I never withdrew from the case. I never withdraw from closed cases. 3 months after the case closed the national law firm re-evaluated cases of his type and reached out to him to reopen the PI case Turns out he is now entitled to a very substantial recovery. Not long ago the law firm called me and informed me of these facts which is when I learned of any of this for the first time. Question: 1) Because my client was told by a firm two years prior to filing that he did not have a claim I do not believe he has any issues with bankruptcy fraud, yet. The firm has admitted that they originally told him he had no case. Am I wrong? 2) Isn't this an undisclosed contingent and unliquidated claim that existed at the time of the bankruptcy despite the national law firms advice to the contrary? Thus isn't it property of the estate subject only to a PI exemption to the extent reasonably necessary for support? 3) If so doesn't my client have a duty to re-open and list the asset and claim any exemption? Probably have to negotiate a compromise settlement? 3) what is the test for reasonably necessary for support of my client and his minor children? 4) what if my client says he does not want to re list and bring to the trustee's attention? As the attorney of record in a closed case do I have a duty to re-open and withdraw from the case without disclosing to the trustee what my client is doing? Or does the fact that it is closed mean I can walk away and let my client run the risk of bankruptcy fraud for not allowing me to re-open and disclose? any thoughts would be appreciated. -- Rocky L. Wixom, Attorney at Law (208) 542-5298 Wixom Law Office, Inc. PO Box 51334 Idaho Falls, Idaho 83405 The contents of this message and any attachments are protected under the attorney-client privilege and are intended for the designated recipient only. If you have received this message in error then please delete it and contact Wixom Law Office at (208) 542-5298 immediately. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------------------------------------------------------------- mail2web.com ? Enhanced email for the mobile individual based on Microsoft? Exchange - http://link.mail2web.com/Personal/EnhancedEmail From gugino at cableone.net Tue Apr 9 09:00:56 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Tue, 9 Apr 2013 09:00:56 -0600 Subject: [CLBS] Documents from QuikDocs for Case: 12-02533 (WOLFE, MICHAEL ERIC) Message-ID: <004901ce3533$0a8a40c0$1f9ec240$@cableone.net> Folks: This is a follow-up to a case I mentioned at the Bankruptcy Seminar in McCall. It has to do with turnover actions against debtors. I was unable to talk very much about it then because it was under advisement. The decision just came down yesterday. Jeremy -------------- next part -------------- A non-text attachment was scrubbed... Name: ECF_DOC_39_18896702.PDF Type: application/pdf Size: 204824 bytes Desc: not available URL: From dbc at dbclarklaw.com Tue Apr 9 09:07:45 2013 From: dbc at dbclarklaw.com (D. Blair Clark) Date: Tue, 9 Apr 2013 09:07:45 -0600 Subject: [CLBS] Documents from QuikDocs for Case: 12-02533 (WOLFE, MICHAEL ERIC) In-Reply-To: <004901ce3533$0a8a40c0$1f9ec240$@cableone.net> References: <004901ce3533$0a8a40c0$1f9ec240$@cableone.net> Message-ID: <098701ce3533$fdc03740$f940a5c0$@com> Did you pursue it later under 549? D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PLLC 1513 Tyrell Lane, Suite 130 Boise, ID 83706 Telephone: (208) 475-2050 Fax: (208) 475-2055 -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeremy Gugino Sent: Tuesday, April 09, 2013 9:01 AM To: 'Bankruptcy list' Subject: [CLBS] Documents from QuikDocs for Case: 12-02533 (WOLFE, MICHAEL ERIC) Folks: This is a follow-up to a case I mentioned at the Bankruptcy Seminar in McCall. It has to do with turnover actions against debtors. I was unable to talk very much about it then because it was under advisement. The decision just came down yesterday. Jeremy From cjlaw at cableone.net Wed Apr 10 17:46:00 2013 From: cjlaw at cableone.net (Charles Johnson) Date: Wed, 10 Apr 2013 17:46:00 -0600 Subject: [CLBS] Oregon Eviction Notices and Forms Message-ID: <000b01ce3645$8f4ca010$ade5e030$@net> Dear fellow CLBS members, If one of you has a good set of simple Oregon Eviction Notices and Forms I would appreciate you forwarding me a copy. Thanks, Charles Johnson JOHNSON OLSON CHARTERED 419 West Benton P.O. Box 1725 Pocatello, Idaho 83204-1725 Telephone: (208) 232-7926 Facsimile: (208) 232-9161 E-Mail: cjlaw at cableone.net ISB No. 2464 From gugino at cableone.net Fri Apr 12 11:23:29 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Fri, 12 Apr 2013 11:23:29 -0600 Subject: [CLBS] Emailing: Zazzall%20v.%20Goldsmith%20-%2012b7%20and%2012c%20FINAL.pdf Message-ID: <00b901ce37a2$74a4cc70$5dee6550$@cableone.net> Folks: For anyone following the DBSI litigation, attached is a brand new Idaho BK Court decision. While the decision deals with (yet another) failed Rule 12 motion, the fact section gives a good snap-shot of what DBSI has been accused of doing. Also, for the first time in Idaho Bankruptcy history, the word "compendious" is used in a written opinion (at least as far as I can tell). Enjoy. Jeremy -------------- next part -------------- A non-text attachment was scrubbed... Name: Zazzall%20v.%20Goldsmith%20-%2012b7%20and%2012c%20FINAL.pdf Type: application/pdf Size: 69567 bytes Desc: not available URL: From reynardtrustee at gmail.com Fri Apr 12 14:58:30 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Fri, 12 Apr 2013 14:58:30 -0600 Subject: [CLBS] Fwd: CH 11 341 meetings notice In-Reply-To: <2E3567102AAE16439DD3CF380B1D33E6177E87FEB8@UST00EOMAILVS.ust.doj.gov> References: <2E3567102AAE16439DD3CF380B1D33E6177E87FEB8@UST00EOMAILVS.ust.doj.gov> Message-ID: Please see email below from David Newman, AUST ---------- Forwarded message ---------- From: Newman, David W. (USTP) Date: Fri, Apr 12, 2013 at 1:03 PM Subject: CH 11 341 meetings notice To: "Janine Reynard (reynardtrustee at gmail.com)" Please take notice that due to budgetary issues, the United States Trustee is changing the customary locations and schedules for chapter 11 meetings of creditors under 11 U.S.C. ? 341. A flexible approach will be used to minimize the impacts on debtors and other parties in interest. These changes are effective for any chapter 11 cases filed on or after April 15, 2013. Some chapter 11 meetings of creditors under 11 U.S.C. ? 341 may be conducted on regular business days other than Fridays. Meetings of creditors for chapter 11 cases assigned to the Pocatello Division of the Bankruptcy Court may be conducted in Pocatello or Jerome. Meetings of creditors for chapter 11 cases assigned to the South Central Calendar (Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls counties) may be conducted in Jerome or Boise. Meetings of creditors for chapter 11 cases assigned to the Moscow Division will be conducted in Coeur d'Alene. Meetings of creditors for chapter 11 cases assigned to the Boise Division will continue to be held in Boise. Meetings of creditors for chapter 11 cases assigned to the Coeur d' Alene Division will continue to be held in Coeur d' Alene. These changes will remain in force until further notice. The locations and schedules of meetings of creditors for cases under chapters other than chapter 11 are unchanged. Further information about the locations of meetings of creditors can be found at http://www.justice.gov/ust/r18/boise/341_meeting.htm Respectfully, David W. Newman United States Department of Justice Assistant United States Trustee District of Idaho This message and any attachments are intended only for the use of the intended addressee and may contain privileged and/or "Limited Official Use" / "Sensitive But Unclassified" information. If the reader of the message is not the intended recipient(s) or an authorized representative of the intended recipient(s), you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this e-mail message or by telephone at (208) 334-1300, and delete the message and any attachments from your system. Thank you. -------------- next part -------------- A non-text attachment was scrubbed... Name: winmail.dat Type: application/ms-tnef Size: 7142 bytes Desc: not available URL: From alex at kam13trustee.com Mon Apr 15 21:12:04 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Tue, 16 Apr 2013 03:12:04 +0000 Subject: [CLBS] title loans and lines 28/29 on the Means Test Message-ID: For those of you that routinely deal with the Means Test, please see the attached - it deals with title loans and the ownership deduction on lines 28/29 of the 22C. I know this issue is coming up in a few cases of mine recently. Alexandra O. Caval Staff Attorney Office of Kathleen A. McCallister Chapter 13 Trustee P.O. Box 1150 Meridian, ID 83680 T: (208) 922-5100 F: (208) 922-5599 alex at kam13trustee.com -------------- next part -------------- A non-text attachment was scrubbed... Name: In re Carroll.pdf Type: application/pdf Size: 169098 bytes Desc: In re Carroll.pdf URL: From ajt at aaronjtolsonlaw.com Tue Apr 16 12:48:47 2013 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Tue, 16 Apr 2013 12:48:47 -0600 Subject: [CLBS] Clients getting mortgage foreclosure checks Message-ID: As part of the settlement the government is starting to send checks to my clients for their suffering in wrongful foreclosures, often which were in bankruptcy, and so far all in closed cases, and for a few hundred dollars. My clients are asking if it is legit, and if they can keep the money. Online it appears there were legit DOJ enforcement actions consistent with this, but also some related scamming going on. Is anyone aware if the US Trustee, the Trustees, or in general what the plan is here? -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. From rgreenwood at greenwoodlaw.com Tue Apr 16 15:23:33 2013 From: rgreenwood at greenwoodlaw.com (rgreenwood at greenwoodlaw.com) Date: Tue, 16 Apr 2013 17:23:33 -0400 Subject: [CLBS] Clients getting mortgage foreclosure checks Message-ID: <380-220134216212333420@M2W142.mail2web.com> Plan #1 is report it to the trustee in the BK case. Original Message: ----------------- From: Aaron Tolson ajt at aaronjtolsonlaw.com Date: Tue, 16 Apr 2013 12:48:47 -0600 To: clbs-bounces at admws.idaho.gov, clbs at admws.idaho.gov Subject: [CLBS] Clients getting mortgage foreclosure checks As part of the settlement the government is starting to send checks to my clients for their suffering in wrongful foreclosures, often which were in bankruptcy, and so far all in closed cases, and for a few hundred dollars. My clients are asking if it is legit, and if they can keep the money. Online it appears there were legit DOJ enforcement actions consistent with this, but also some related scamming going on. Is anyone aware if the US Trustee, the Trustees, or in general what the plan is here? -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------------------------------------------------------------- mail2web.com - Microsoft? Exchange solutions from a leading provider - http://link.mail2web.com/Business/Exchange From ajt at aaronjtolsonlaw.com Tue Apr 16 15:31:46 2013 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Tue, 16 Apr 2013 15:31:46 -0600 Subject: [CLBS] Clients getting mortgage foreclosure checks In-Reply-To: <380-220134216212333420@M2W142.mail2web.com> References: <380-220134216212333420@M2W142.mail2web.com> Message-ID: yes done that. I think it is just starting to happen and I want to see if there is a uniform way they want these handled so we don't end up with a mess for people. On Tue, Apr 16, 2013 at 3:23 PM, rgreenwood at greenwoodlaw.com < rgreenwood at greenwoodlaw.com> wrote: > > Plan #1 is report it to the trustee in the BK case. > > > Original Message: > ----------------- > From: Aaron Tolson ajt at aaronjtolsonlaw.com > Date: Tue, 16 Apr 2013 12:48:47 -0600 > To: clbs-bounces at admws.idaho.gov, clbs at admws.idaho.gov > Subject: [CLBS] Clients getting mortgage foreclosure checks > > > As part of the settlement the government is starting to send checks to my > clients for their suffering in wrongful foreclosures, often which were in > bankruptcy, and so far all in closed cases, and for a few hundred dollars. > My clients are asking if it is legit, and if they can keep the money. > Online it appears there were legit DOJ enforcement actions consistent with > this, but also some related scamming going on. Is anyone aware if the US > Trustee, the Trustees, or in general what the plan is here? > > -- > Aaron J. Tolson > 2677 E. 17th St. #300 > Ammon, ID. 83406 > 208-228-5221 > > This a privileged communication. Please advise if you received it in > error. > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > > -------------------------------------------------------------------- > mail2web.com - Microsoft? Exchange solutions from a leading provider - > http://link.mail2web.com/Business/Exchange > > > -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. From reynardtrustee at gmail.com Wed Apr 17 09:43:59 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Wed, 17 Apr 2013 09:43:59 -0600 Subject: [CLBS] Fwd: REQUEST In-Reply-To: <2E3567102AAE16439DD3CF380B1D33E617805CCB65@UST00EOMAILVS.ust.doj.gov> References: <2E3567102AAE16439DD3CF380B1D33E617805CCB65@UST00EOMAILVS.ust.doj.gov> Message-ID: CHAPTER 7 TRUSTEE JOB OPENING IN IDAHO -- PLEASE SEE BELOW ---------- Forwarded message ---------- From: Newman, David W. (USTP) Date: Wed, Apr 17, 2013 at 9:13 AM Subject: REQUEST To: "Janine Reynard (reynardtrustee at gmail.com)" Janine, would you please have this posted to the list-serve? Thank you. The United States Trustee seeks resumes from persons wishing to be considered for appointment to the panel of trustees who administer cases filed under chapter 7 of the Bankruptcy Code. The appointment is for cases filed in the United States Bankruptcy Court for the District of Idaho, (Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley, Washington (and referred Malheur County, Oregon cases)). Chapter 7 trustees receive compensation and reimbursement for expenses, in each case in which they serve, pursuant to court order under 11 U.S.C. ? 326 and ? 330. The minimum qualifications for appointment as a panel trustee are set forth in 28 C.F.R. ? 58.3. To be eligible for appointment, an applicant must possess strong administrative, financial, and interpersonal skills. Fiduciary and bankruptcy experience is desirable but not mandatory. A successful applicant will be required to undergo a background check and must qualify to be bonded. Although chapter 7 trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment. Forward resumes to the applicable addresses listed below. All resumes should be received on or before the due date(s) indicated below. Due Date: June 14, 2013 Forward Resumes to: Office of the United States Trustee ATTN: Barbara Mitchell 700 Stewart Street, Suite 5103 Seattle, WA 98101 -------------- next part -------------- A non-text attachment was scrubbed... Name: winmail.dat Type: application/ms-tnef Size: 6016 bytes Desc: not available URL: From michael.pope.esq at gmail.com Wed Apr 17 09:46:45 2013 From: michael.pope.esq at gmail.com (Michael Pope) Date: Wed, 17 Apr 2013 09:46:45 -0600 Subject: [CLBS] Please Remove my E-mail Address from the CLBS Mailing List Message-ID: Good Morning, I am no longer a member of the CLBS Section of the Idaho Bar. I am no longer in need of the e-mails sent by the other members. Please remove my e-mail address from the Mailing List so I do not receive e-mails from the Section or other members in the future. Thank you, Michael A. Pope From gugino at cableone.net Wed Apr 17 11:44:39 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Wed, 17 Apr 2013 11:44:39 -0600 Subject: [CLBS] Trustee opening Message-ID: <006d01ce3b93$3d69fab0$b83df010$@cableone.net> Folks: Yes, the rumors are true. The job posting that was sent out earlier is for my position. Anyone who wishes to inquire about the job can feel free to call me at 342-1590. If you wish to meet in person to talk about the opening after hours, I prefer the bar at Chandler's and I'm partial to Dewar'sJ Jeremy From Tyler at twinfallsattorneys.com Wed Apr 17 14:33:24 2013 From: Tyler at twinfallsattorneys.com (Tyler McGee) Date: Wed, 17 Apr 2013 20:33:24 +0000 Subject: [CLBS] Non DSO debt to a former spouse Message-ID: <68A314F324C1BD41873F05A36DE1AE34118DC552@MBX023-W1-CA-2.exch023.domain.local> I know there has been some good discussion on non-DSO [523(a)(15)] debts on the listserve in the past, but I cannot find any guidance on my issue. Here is the scenario: H and W are divorced, in connection with the divorce and property settlement, W is granted a money judgment against H. H files chapter 7 bankruptcy. The only debt that H lists in his bankruptcy is the debt owed to W. W comes in to my office thinking she is out of luck and I show her that non-DSO debts incurred in a divorce are non-dischargeable under 523(a)(15). Based upon the fact that the only debt listed is the debt from H to W, I assume that H and his attorney do not consider the debt to be non-dischargeable (or a mistake was made.) So here are my questions, keep in mind that I am usually not batting for the creditors' team, so I feel a little out of place. 1 - A creditor must file an adversary proceeding to determine the dischargeability of any debt under section 523(a)(2), (4) or (6), it would seem that 523 (a)(15) debts survive discharge without a determination in an adversary proceeding. Is there any restriction on filing a complaint to determine non-dischargability on a 523(a)(15) complaint? 2 - Would it be a good idea to file such a complaint while the bankruptcy is open? The reason to do this would be to have the fight now, rather than have the fight later, and risk sanctions for violating the discharge injunction. 3 - Would it be better to just file a motion for relief from the automatic stay claiming that this debt is non-dischargeable? 4 - Does anybody have a form for a Complaint Determining Nondischargeability that they would be willing to share? Thanks. Tyler J. McGee ROY, NIELSON, BARINI-GARCIA & PLATTS P.O. Box 487 Twin Falls, Idaho 83303-0487 Phone: (208) 734-4450 Fax:? (208) 734-4452 From wixomlawoffice at gmail.com Thu Apr 18 10:03:44 2013 From: wixomlawoffice at gmail.com (Rocky Wixom) Date: Thu, 18 Apr 2013 10:03:44 -0600 Subject: [CLBS] UCC Message-ID: Who on the listserv has significant background in the Idaho UCC that might be willing to give me a few minutes on the phone to point me in the right direction for research? -- Rocky L. Wixom, Attorney at Law (208) 542-5298 Wixom Law Office, Inc. PO Box 51334 Idaho Falls, Idaho 83405 The contents of this message and any attachments are protected under the attorney-client privilege and are intended for the designated recipient only. If you have received this message in error then please delete it and contact Wixom Law Office at (208) 542-5298 immediately. From will at williamthelawyer.com Thu Apr 18 10:12:53 2013 From: will at williamthelawyer.com (William J. O'Connor) Date: Thu, 18 Apr 2013 10:12:53 -0600 Subject: [CLBS] UCC In-Reply-To: References: Message-ID: <8CFC216B-3CFA-45D4-99B8-8566E27F6C74@williamthelawyer.com> The UCC is a rather large area of law. Do you have a specific area of the UCC that your issue involves? William J. O'Connor O'Connor Law, PLLC 355 West Myrtle Street Suite 100 Boise, ID 83702 Office: 208-344-5095 Fax: 208-424-3100 On Apr 18, 2013, at 10:03 AM, Rocky Wixom wrote: > Who on the listserv has significant background in the Idaho UCC that might > be willing to give me a few minutes on the phone to point me in the right > direction for research? > > -- > Rocky L. Wixom, Attorney at Law > (208) 542-5298 > > Wixom Law Office, Inc. > PO Box 51334 > Idaho Falls, Idaho 83405 > > The contents of this message and any attachments are protected under the > attorney-client privilege and are intended for the designated recipient > only. If you have received this message in error then please delete it and > contact Wixom Law Office at (208) 542-5298 immediately. > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs From katied at nctv.com Thu Apr 18 12:07:14 2013 From: katied at nctv.com (Catherine Dullea) Date: Thu, 18 Apr 2013 11:07:14 -0700 Subject: [CLBS] 2014 Seminar Message-ID: <48EB0115F08B4487BDBF888945EF3379@katied> Dear Listmates: I will be organizing the 2014 Winter Bankruptcy Seminar. It will be held in Coeur d'Alene, most likely at the Resort. I should be able to publish dates fairly soon. I have reviewed the comments from the McCall seminar this year and am taking them into consideration regarding topics, speakers, physical set-up and the banquet. I want to know what people want to learn about next year. Please email me suggestions or requests regarding speakers and topics you'd like to see. I think I have a pretty good understanding of what didn't work with the meeting room, banquet and overlapping with breakout sessions in McCall. Thank you, Katie Dullea katied at nctv.com From mtc at Angstman.com Mon Apr 22 09:22:59 2013 From: mtc at Angstman.com (Matthew T. Christensen) Date: Mon, 22 Apr 2013 09:22:59 -0600 Subject: [CLBS] Charles Schwab Message-ID: <77846F147B6E0148A950F1D952A4480201F6039D@hades.dynasty.angstman.com> Anyone out there regularly represent Charles Schwab, and willing to receive a copy of a demand letter to the company? MTC Matthew T. Christensen Attorney and Counselor at Law ANGSTMAN JOHNSON Attorneys and Counselors 3649 N. Lakeharbor Lane Boise, Idaho 83703 (208) 384-8588 (208) 853-0117 (fax) mtc at angstman.com www.angstman.com NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510 and 2521 and may be legally privileged. This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this communication in error, please notify Angstman Johnson immediately by telephone (208-384-8588) and destroy the original message. Messages sent to and from us may be monitored. If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address. From alex at kam13trustee.com Mon Apr 22 11:43:09 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Mon, 22 Apr 2013 17:43:09 +0000 Subject: [CLBS] Attorney for Capital One Auto Finance Message-ID: Does anyone know who represents Capital One Auto Finance here locally? Alexandra O. Caval Staff Attorney Office of Kathleen A. McCallister Chapter 13 Trustee P.O. Box 1150 Meridian, ID 83680 T: (208) 922-5100 F: (208) 922-5599 alex at kam13trustee.com From Suzanne_Hickok at id.uscourts.gov Tue Apr 23 11:23:03 2013 From: Suzanne_Hickok at id.uscourts.gov (Suzanne_Hickok at id.uscourts.gov) Date: Tue, 23 Apr 2013 11:23:03 -0600 Subject: [CLBS] ECF access Message-ID: ____________________________________________________________________________ Please be advised that the District of Idaho?s Bankruptcy Court Electronic Case Filing (ECF) system, and the Public Access to Court Electronic Records (PACER) system will be offline this Saturday, April 27th from 8:00 AM to 5:00 PM (MST). During this time you will not be able to view or file documents. Access to both ECF and PACER will be restored on Saturday, April 27 shortly after 5:00 PM (MST). The Clerk's Office will also implement a new version of ECF on May 1st. For more information on the new features, please visit the follow link: http://www.id.uscourts.gov/announcements/Idaho5.1ChangesLtrEXTERNAL.pdf James M. Kim Chief Deputy of Operations U.S. District & Bankruptcy Courts james_kim at id.uscourts.gov (208) 334-9464 -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/jpeg Size: 8184 bytes Desc: not available URL: From denny at andrewslaw.info Tue Apr 23 11:45:27 2013 From: denny at andrewslaw.info (Denton Andrews) Date: Tue, 23 Apr 2013 10:45:27 -0700 Subject: [CLBS] Where's My Refund IRS web site Message-ID: The subject site is used by Trustees to determine when debtors are receiving refunds. I have cases where the refunds have been received by the debtors before filing (it shows up on the bank statement), yet the IRS site says the refund is still pending. Has anyone had this come up? This email is intended to be confidential, and is intended only for the addressee. If you have received this message in error, you may not copy or disseminate the information in this email nor use it for any purpose. Please contact us immediately at the telephone number above or reply to this email to notify us of any delivery errors. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Law Offices of Denton Andrews Ph: 208-743-8200 111 Main Street Suite 177 Fax: 208-748-4022 Lewiston, Idaho 83501 denny at andrewslaw.info From RLong at bauerandfrench.com Tue Apr 23 12:49:59 2013 From: RLong at bauerandfrench.com (Robin Long) Date: Tue, 23 Apr 2013 18:49:59 +0000 Subject: [CLBS] Co-Debtor Stay Message-ID: <6B0969DF8D895D4BA246D75EED96FCBC01D959E6@BFSBS.BFDom.local> Listmates: While the code does not provide for a co-debtor stay in a chapter 11, I have found cases where a judge has granted an injunction, pursuant to their powers under ? 105. Has anybody had any luck with this in Idaho? Robin M. Long BAUER & FRENCH 1501 Tyrell Lane P.O. Box 2730 Boise, ID 83701-2730 (208) 383-0090 Fax: (208) 383-0412 From katied at nctv.com Tue Apr 23 14:50:00 2013 From: katied at nctv.com (Catherine Dullea) Date: Tue, 23 Apr 2013 13:50:00 -0700 Subject: [CLBS] Foreclosure/military service Message-ID: <89A7DC1B08D24878A19D6B3D39C1EAE7@katied> Listmates: I have been asked to conduct a foreclosure against a person who is in the National Guard, but is not deployed. To what extent do I need to deal with the Serviceperson's Relief Act? --Katie Dullea From gugino at cableone.net Thu Apr 25 08:02:31 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Thu, 25 Apr 2013 08:02:31 -0600 Subject: [CLBS] Emailing: Wallace%20-%20Gugino%20v%20NELMAP%20-%20Default%20Judgment%20FINAL.pdf Message-ID: <000501ce41bd$8822a7c0$9867f740$@cableone.net> Folks: While this decision deals mainly with civil procedure issues, about halfway through there is a discussion about the trustee's right to control closely held entities vis a vis individual debtors. In other words, if an individual files for bankruptcy protection and that debtor is the sole member/shareholder of an entity (or if the joint debtors are the sole members/shareholders of an entity), then the trustee steps into their shoes and may control the entity. To the extent this concept was not already clear, the decision spells it out. This decision cites to Hoyle, which was an oral decision that Matt referenced on the list serv a few weeks back. >From a bankruptcy point of view, this is something ALL debtor's attorney's should be cognizant of - if you bring a debtor into bankruptcy who is expecting his or her non-debtor entity assets to be safe, you could be setting them up for a fall. Jeremy -------------- next part -------------- A non-text attachment was scrubbed... Name: Wallace%20-%20Gugino%20v%20NELMAP%20-%20Default%20Judgment%20FINAL.pdf Type: application/pdf Size: 59251 bytes Desc: not available URL: From gugino at cableone.net Thu Apr 25 08:38:22 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Thu, 25 Apr 2013 08:38:22 -0600 Subject: [CLBS] Free money for creditors Message-ID: <001801ce41c2$8a788c60$9f69a520$@cableone.net> Folks: This is a 2005 case that was reopened to administer a class action award. Please review schedule F - your clients may have some money coming their way if they file claims! Please do what you can. Thanks. Jeremy -------------- next part -------------- A non-text attachment was scrubbed... Name: ECF_DOC_1_18039236.PDF Type: application/pdf Size: 162402 bytes Desc: not available URL: From jmacdonald at ejame.com Thu Apr 25 17:47:12 2013 From: jmacdonald at ejame.com (James Macdonald) Date: Thu, 25 Apr 2013 23:47:12 +0000 Subject: [CLBS] Social Security Overpayment ? Message-ID: Are over payments made by Social Security dischargeable? The research I have done says yes. Although, I haven't found any Idaho cases addressing this issue. Has anybody had any experience with this issue? Regards, James S. Macdonald We have moved our office - please note our new physical address below: Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. PO Box 1049 Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID 83864 208.263.8517 208.263.0759 (Fax) The information in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think you received this email message in error, please reply to james at ejame.com or call (208) 263-8517. From alex at kam13trustee.com Thu Apr 25 19:31:19 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Fri, 26 Apr 2013 01:31:19 +0000 Subject: [CLBS] May 15, 2013 Bankruptcy Workshop Message-ID: Everyone, Please see the attached flyer. This workshop will cover the new Chapter 13 Plan for those of you that handle Chapter 13 cases or those of you that are considering tackling your very first Chapter 13 case (it's not that bad, I promise). Feel free to contact me if you have any questions. Sincerely, Alexandra O. Caval Staff Attorney Office of Kathleen A. McCallister Chapter 13 Trustee P.O. Box 1150 Meridian, ID 83680 T: (208) 922-5100 F: (208) 922-5599 alex at kam13trustee.com -------------- next part -------------- A non-text attachment was scrubbed... Name: BK Workshop.pdf Type: application/pdf Size: 10431 bytes Desc: BK Workshop.pdf URL: