From alex at kam13trustee.com Fri Aug 2 16:32:26 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Fri, 2 Aug 2013 22:32:26 +0000 Subject: [CLBS] Interesting 9th Cir Case Message-ID: Because I spent way too much time on the 9th Circuit's website today figuring out filing procedures, I saw this case which was kind of interesting and a quick read: In re Perle In a nutshell, 9th Circuit affirmed BAP decision that an arbitration debt was nondischargeable under 523(a)(3) and 523(a)(6). Although the creditor didn't challenge dischargeability within 60 days of the 341 meeting of creditors, it was still timely because (1) the Debtor's schedules failed to adequately identify the debt in the Schedules, and (2) the creditor didn't have actual knowledge of the bankruptcy because the panel refused to hold that a lawyer's knowledge of a debtor's bankruptcy during the representation of a different client cannot be imputed to his former client via agency law. To hold otherwise would put too much of a burden on attorneys according to the 9th Circuit. 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: In re Perle.pdf Type: application/pdf Size: 79560 bytes Desc: In re Perle.pdf URL: From jsteadman at merrillandmerrill.com Mon Aug 12 14:42:21 2013 From: jsteadman at merrillandmerrill.com (Jared Steadman) Date: Mon, 12 Aug 2013 14:42:21 -0600 Subject: [CLBS] HRA Message-ID: <003501ce979c$71fe0bd0$55fa2370$@merrillandmerrill.com> I have a new issue I was hoping some of you had dealt with. I have a potential client looking at bankruptcy with an HRA account. This is similar to a health savings account except that you must request payment from the account by submitting medical bills and insurance payment forms. After a couple of weeks a disbursement will come out of your HRA and into your normal bank account to pay for the medical bill. As I understand it, that account will then be debited and there is a running balance, but the debtor has no access to it until a health issue arises. I recognize that the HSA case (Stanger) will take any exemption arguments away, but is this even property of the estate if there are no outstanding medical bills because there is no right to payment until there are some? Is this a reach? I would really appreciate any experience or guidance that could be provided on this issue. Thanks, Jared Steadman From cjlaw at cableone.net Thu Aug 15 11:50:18 2013 From: cjlaw at cableone.net (Charles Johnson) Date: Thu, 15 Aug 2013 11:50:18 -0600 Subject: [CLBS] Chapter 13 Debtor retains three cars In-Reply-To: <45AF97379DC9354BA4F5CFECBB5FFD8301F4918B@BFSBS.BFDom.local> References: <68A314F324C1BD41873F05A36DE1AE340FE07CD6@MBX023-W1-CA-1.exch023.domain.local> <68A314F324C1BD41873F05A36DE1AE340FE08D80@MBX023-W1-CA-1.exch023.domain.local> <45AF97379DC9354BA4F5CFECBB5FFD8301F4918B@BFSBS.BFDom.local> Message-ID: <000001ce99df$e89579f0$b9c06dd0$@net> Dear CLBS members, A single debtor with no minor children in a Chapter 13 Case proposes to retain and pay for three vehicles through the plan, because "the recent Ninth Circuit in re Walsh case says we can." I asked the debtor's counsel for a copy of this opinion but received no reply at all. I searched three computer data bases, including the Ninth Circuit database, but could not find this opinion. If anyone has this In Re Walsh, or other opinion on this point, I would appreciate it if you would forward me a copy; and I will owe you one. Thank you very much. Sincerely, Charles Johnson JOHNSON OLSON CHARTERED 419 West Benton P.O. Box 1725 Pocatello, Idaho 83204-1725 Telephone: (208) 232-7926 Facsimile: (208) 232-9161 E-Mail: cjlaw at cableone.net ISB No. 2464 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From alex at kam13trustee.com Thu Aug 15 11:57:00 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Thu, 15 Aug 2013 17:57:00 +0000 Subject: [CLBS] Chapter 13 Debtor retains three cars In-Reply-To: <000001ce99df$e89579f0$b9c06dd0$@net> References: <68A314F324C1BD41873F05A36DE1AE340FE07CD6@MBX023-W1-CA-1.exch023.domain.local> <68A314F324C1BD41873F05A36DE1AE340FE08D80@MBX023-W1-CA-1.exch023.domain.local> <45AF97379DC9354BA4F5CFECBB5FFD8301F4918B@BFSBS.BFDom.local> <000001ce99df$e89579f0$b9c06dd0$@net> Message-ID: <539292e80e064dd0bad62beb90866aed@BL2PR08MB004.namprd08.prod.outlook.com> Unfortunately, I'm very familiar with this case. Here you go. Alexandra O. Caval Staff Attorney Office of Kathleen A. McCallister Chapter 13 Trustee P.O. Box 1150 Meridian, ID 83680 T: (208) 922-5100 F: (208) 922-5599 alex at kam13trustee.com -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Charles Johnson Sent: Thursday, August 15, 2013 11:50 AM To: clbs at admws.idaho.gov Subject: [CLBS] Chapter 13 Debtor retains three cars Dear CLBS members, A single debtor with no minor children in a Chapter 13 Case proposes to retain and pay for three vehicles through the plan, because "the recent Ninth Circuit in re Walsh case says we can." I asked the debtor's counsel for a copy of this opinion but received no reply at all. I searched three computer data bases, including the Ninth Circuit database, but could not find this opinion. If anyone has this In Re Walsh, or other opinion on this point, I would appreciate it if you would forward me a copy; and I will owe you one. Thank you very much. Sincerely, Charles Johnson JOHNSON OLSON CHARTERED 419 West Benton P.O. Box 1725 Pocatello, Idaho 83204-1725 Telephone: (208) 232-7926 Facsimile: (208) 232-9161 E-Mail: cjlaw at cableone.net ISB No. 2464 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------- next part -------------- A non-text attachment was scrubbed... Name: Welsh.pdf Type: application/pdf Size: 168621 bytes Desc: Welsh.pdf URL: From cjlaw at cableone.net Thu Aug 15 16:50:41 2013 From: cjlaw at cableone.net (Charles Johnson) Date: Thu, 15 Aug 2013 16:50:41 -0600 Subject: [CLBS] Chapter 13 Debtor retains three cars In-Reply-To: <000001ce99df$e89579f0$b9c06dd0$@net> References: <68A314F324C1BD41873F05A36DE1AE340FE07CD6@MBX023-W1-CA-1.exch023.domain.local> <68A314F324C1BD41873F05A36DE1AE340FE08D80@MBX023-W1-CA-1.exch023.domain.local> <45AF97379DC9354BA4F5CFECBB5FFD8301F4918B@BFSBS.BFDom.local> <000001ce99df$e89579f0$b9c06dd0$@net> Message-ID: <006e01ce9a09$df263790$9d72a6b0$@net> CLBS members, Thanks for your replies, some from old friends. The case is In Re Welsh, not Walsh, as indicated by the debtor's counsel in writing. I have attached it for review by the membership. The analysis of Judge Pappas in the BAP decision, that was reversed on appeal, seems to me to be the more well reasoned approach. Charles Johnson -----Original Message----- From: Charles Johnson [mailto:cjlaw at cableone.net] Sent: Thursday, August 15, 2013 11:50 AM To: clbs at admws.idaho.gov Subject: Chapter 13 Debtor retains three cars Dear CLBS members, A single debtor with no minor children in a Chapter 13 Case proposes to retain and pay for three vehicles through the plan, because "the recent Ninth Circuit in re Walsh case says we can." I asked the debtor's counsel for a copy of this opinion but received no reply at all. I searched three computer data bases, including the Ninth Circuit database, but could not find this opinion. If anyone has this In Re Walsh, or other opinion on this point, I would appreciate it if you would forward me a copy; and I will owe you one. Thank you very much. Sincerely, 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 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------- next part -------------- A non-text attachment was scrubbed... Name: Welsh.pdf Type: application/pdf Size: 163122 bytes Desc: not available URL: From evans_trish at msn.com Mon Aug 19 14:20:55 2013 From: evans_trish at msn.com (Patricia Evans) Date: Mon, 19 Aug 2013 13:20:55 -0700 Subject: [CLBS] Client with a Business Message-ID: Have a client that had a business that was incorporated. The business is now defunct. The bank has liens on all equipment. I filed a personal bankruptcy on them as individuals since they personally guaranteed some of the loans. They have a "2nd" on their home that was for the business. The bank is pushing us to file a bankruptcy for the business. There is nothing left. No accounts receivables, no inventory, nothing but the trucks that are fully encumbered. Need some opinions on what I need to do since the business is no longer functioning. Thanks, Patricia Evans Attorney at Law POB 1016 155 Main Street Suite #2 Orofino Idaho 83544 (208) 791-6794 From reynardtrustee at gmail.com Wed Aug 21 08:35:57 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Wed, 21 Aug 2013 08:35:57 -0600 Subject: [CLBS] Attorneys Against Hunger Campaign Message-ID: The ISB's Young Lawyers Section has asked me to send out the attached flyer on the upcoming fundraiser held every year by the YLS to fight hunger in Idaho. Though this isn't bankruptcy specific, I think it's important that our section be aware of what other sections are doing that have a significant impact on our community. This is one of those events! Please take a minute to read it and if you can help by making a donation or attend the event, the YLS and Idaho Food Bank thank you. Regards, Janine Janine P. Reynard Chair, Commercial Law & Bankruptcy Section -------------- next part -------------- A non-text attachment was scrubbed... Name: AAH flier.pdf Type: application/pdf Size: 244059 bytes Desc: not available URL: From gugino at cableone.net Sun Aug 25 12:05:51 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Sun, 25 Aug 2013 12:05:51 -0600 Subject: [CLBS] Rudy Giuliani in Bankruptcy robes? Message-ID: <000401cea1bd$bc735910$355a0b30$@cableone.net> Folks: If you haven't read the written decisions page in a while, the last five are worth a look. In less than three months, the judges have found two sets of debtors committed fraud in different contexts (Preuit, Bailey), another was found in contempt of court (Wallace), and a BPP was fined (Jenkins). The fifth (Hoyle) had nothing to do with fraud or contempt, but the language of the decision suggests it is a harbinger of things to come. This does not include an oral decision by Judge Pappas in late May in In re Clark in which he found the debtor had committed fraud in connection with a chapter 12 case. In my six years as a trustee I can't remember a string of decisions like this - certainly not back-to-back-to-back-to-back-to-back-to back. Maybe it is just coincidence, but it should also be cause for concern for debtor's attorneys and their clients - the judges are showing little tolerance for those who do not follow the rules. Like I said, maybe this is just coincidence, maybe this has always been the case, or maybe the judges are taking the proverbial "tough on crime" stance in the Bankruptcy Court. Either way, this succession of decisions is certainly worth noting in my opinion. Jeremy From ajt at aaronjtolsonlaw.com Tue Aug 27 16:27:41 2013 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Tue, 27 Aug 2013 16:27:41 -0600 Subject: [CLBS] Anyone know a mortgage loan officer good at helping people with home loans after a Chapter 7? Message-ID: Idaho Falls area if possible -- 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 tyler.wirick at wiricklaw.com Tue Aug 27 16:36:09 2013 From: tyler.wirick at wiricklaw.com (Tyler S. Wirick) Date: Tue, 27 Aug 2013 15:36:09 -0700 Subject: [CLBS] Oregon Counsel Message-ID: <0AA405D8-5097-4D1F-B11E-8C0959A33A03@wiricklaw.com> Anyone know a good creditor's counsel licensed in Oregon? The case is in Portland. Best regards, Tyler S. Wirick Law Offices of Tyler S. Wirick 250 Northwest Blvd. Suite 107A Coeur d'Alene, Idaho 83814 Telephone: (208) 292-4200 Fax: (208) 292-4201 tyler.wirick at wiricklaw.com ******NOTICE****** The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system. From dbc at dbclarklaw.com Tue Aug 27 16:54:56 2013 From: dbc at dbclarklaw.com (D. Blair Clark) Date: Tue, 27 Aug 2013 16:54:56 -0600 Subject: [CLBS] Oregon Counsel In-Reply-To: <0AA405D8-5097-4D1F-B11E-8C0959A33A03@wiricklaw.com> References: <0AA405D8-5097-4D1F-B11E-8C0959A33A03@wiricklaw.com> Message-ID: <0fcc01cea378$73c73080$5b559180$@com> Gary Blacklidge at Greene & Markley Gary.Blacklidge at greenemarkley.com is excellent. So is Bennett Golstein, Bhgoldatty at aol.com and David Hercher, Dave.Hercher at MillerNash.com . I do quite a bit over in Oregon, and have worked against all three. They're all excellent to work with, and VERY good lawyers. Take your pick. 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 Tyler S. Wirick Sent: Tuesday, August 27, 2013 4:36 PM To: BK listserve Subject: [CLBS] Oregon Counsel Anyone know a good creditor's counsel licensed in Oregon? The case is in Portland. Best regards, Tyler S. Wirick Law Offices of Tyler S. Wirick 250 Northwest Blvd. Suite 107A Coeur d'Alene, Idaho 83814 Telephone: (208) 292-4200 Fax: (208) 292-4201 tyler.wirick at wiricklaw.com ******NOTICE****** The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From ford at ejame.com Tue Aug 27 22:02:24 2013 From: ford at ejame.com (Ford Elsaesser) Date: Wed, 28 Aug 2013 04:02:24 +0000 Subject: [CLBS] Oregon Counsel In-Reply-To: <0AA405D8-5097-4D1F-B11E-8C0959A33A03@wiricklaw.com> References: <0AA405D8-5097-4D1F-B11E-8C0959A33A03@wiricklaw.com> Message-ID: <3996556F8B2F8040ABBD7B56935D500E4D141436@EJAMEDC.ejame.local> Teresa pearson at miller nash-or chris Kosydar at stoel rieves both in portlandia-ford -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler S. Wirick Sent: Tuesday, August 27, 2013 3:36 PM To: BK listserve Subject: [CLBS] Oregon Counsel Anyone know a good creditor's counsel licensed in Oregon? The case is in Portland. Best regards, Tyler S. Wirick Law Offices of Tyler S. Wirick 250 Northwest Blvd. Suite 107A Coeur d'Alene, Idaho 83814 Telephone: (208) 292-4200 Fax: (208) 292-4201 tyler.wirick at wiricklaw.com ******NOTICE****** The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From alex at kam13trustee.com Thu Aug 29 11:23:05 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Thu, 29 Aug 2013 17:23:05 +0000 Subject: [CLBS] In re Flores Message-ID: <57a0c402a47f4a899808b10d42d12c60@BL2PR08MB004.namprd08.prod.outlook.com> Everyone: The 9th Circuit just issued its en banc decision in Flores which overturns Kagenveama and ends the split between the 9th Circuit and the 6th, 8th and 11th Circuits. The applicable commitment period is now a temporal requirement. Under Flores, above-median debtors with negative projected disposable income on line 59 of the 22C will be required to propose a 60-month plan; they can no longer propose a plan term that is less than 60 months. 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: FLORES.pdf Type: application/pdf Size: 228984 bytes Desc: FLORES.pdf URL: