From gugino at cableone.net Fri Feb 1 08:21:32 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Fri, 1 Feb 2013 08:21:32 -0700 Subject: [CLBS] Free knowledge Message-ID: <000901ce008f$d31ed6a0$795c83e0$@cableone.net> Folks: I have a 2012 West Bankruptcy Code and Rules desk book as well as a 2010 disk which contains all of the IBCR decisions up to 2010 in a searchable database. They are yours for the asking. First people to reply get first dibs. And remember, knowledge is power! Jeremy From gugino at cableone.net Fri Feb 1 09:32:16 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Fri, 1 Feb 2013 09:32:16 -0700 Subject: [CLBS] Free Knowledge Message-ID: <004701ce0099$b3587c40$1a0974c0$@cableone.net> Folks: Both the desk book and IBCR's have been spoken for - free knowledge sells itself. Thanks for the interest. Jeremy From reynardtrustee at gmail.com Fri Feb 1 16:07:32 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Fri, 1 Feb 2013 16:07:32 -0700 Subject: [CLBS] CLBS Annual Bankruptcy Seminar Message-ID: *Dear Commercial Law & Bankruptcy Section Members,* *I am the Chair of this year?s Annual Bankruptcy Seminar being held at the Shore Lodge in McCall, Idaho on Thursday February 28th through Saturday March 2nd. By now you have all received a copy of the Brochure for the Seminar from the Idaho State Bar. If you haven?t already signed up to attend this event, I would encourage you to do so. It is an excellent opportunity to get up-to-date on pressing issues in Bankruptcy Law while earning 13.5 CLE credits (1 of which is for ethics), and enjoying social time with friends, colleagues and members of the Bench in our bankruptcy community.* *The speakers this year are hard at work to make the seminar fun and educational! Below are some details for various topics being covered this year:* *How to Successfully Navigate Claims Litigation:* This presentation covers the rules, grounds and procedure for objecting to proofs of claim that are filed in a bankruptcy cases. *Iqbal/Twombly Rules of Pleading:* An indepth discussion on the Iqbal/Twombly holdings related to pleading requirements under FRCP 8(a) and surviving an FRCP 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted; how the Ninth Circuit interpreted those 2 holdings; and how the federal courts in Idaho & surrounding states have applied those 2 holdings. *Means Testing in Ch 7 Cases: Lessons from the Last Seven Years: *The U.S. Trustee?s Office will share some information/statistics on how often the presumption arises in Chapter 7 cases and what happens next ? does the UST file a motion or decline to do so? What are some of the reasons why the UST declines to file a motion to dismiss? A discussion of case law that has developed and some areas that are still unsettled and/or where there are new developments. A review of the UST?s positions on some means test issues and note some of the changes that have occurred in both the Form 22A and the IRS standards since BAPCPA went into effect. They?ll point out areas where they?re seeing good work and mention some other areas where they are still seeing confusion, with some suggestions as to how to make the process run more smoothly and predictably for both attorney and client.* * *Client Interviews:* This presentation uses a live-demonstration of a hypothetical client interview to demonstrate the importance of good interviewing skills and using your time to gather as much information as possible. *Ethics:* Ethical issues in bankruptcy will be discussed, with a focus on competency, candor, and compensation issues. *Paralegal/Legal Assistant Breakout Session: *The Clerk's Office will be providing a presentation to assist legal support staff in answering the most commonly asked questions about the Electronic Case Filing (ECF) system. In addition, the Clerk's Office staff will be presenting best practices in how to use the ECF system.* *Mary Beth Blair will discuss the importance of writing to your audience and tips for ensuring all creditors are listed on the Schedules, including lawsuit creditors. *Please do not hesitate to contact me or any Board Member with questions. I look forward to seeing everyone! * *Regards, Janine* *Janine P. Reynard Board Member and CLE Chair Commercial Law & Bankruptcy Section* From alex at kam13trustee.com Mon Feb 4 12:44:21 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Mon, 4 Feb 2013 19:44:21 +0000 Subject: [CLBS] New Chapter 13 Plan Message-ID: To Debtor's Bar: The new Chapter 13 Plan became effective February 1, 2013 per General Order 268. Please use the new Plan for all cases filed after February 1, 2013. If your case was filed before February 1, 2013 and you find that you need to file an amended plan then continue using the old plan version that was in effect when the case was filed. Basically, it's your petition date that determines whether you use the new or old plan. I hope that clarifies some of the confusion and cuts down on the number of objections we have to raise. 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 From rgreenwood at greenwoodlaw.com Mon Feb 4 13:44:04 2013 From: rgreenwood at greenwoodlaw.com (rgreenwood at greenwoodlaw.com) Date: Mon, 4 Feb 2013 15:44:04 -0500 Subject: [CLBS] Recent case Message-ID: <380-2201321420444423@M2W103.mail2web.com> The Idaho Supreme Court has issued an opinion that should be of interest to BK practitioners. It affirmed the District Court's holding that: "Doherty failed to disclose this claim as an asset in his Chapter 13 bankruptcy proceeding, he was judicially estopped from pursuing this claim against Respondents. The district court further ordered that Doherty take nothing from Respondents, and that the bankruptcy trustee be substituted as the party-plaintiff." MC CALLISTER, in her capacity as the bankruptcy trustee, v. GORDON DIXON, M.D., BLACKFOOT MEDICAL CLINIC, INC., and BLACKFOOT MEDICAL CENTER, LLC, 2013 Opinion No. 16, Filed: February 1, 2013 Can be viewed here: http://www.isc.idaho.gov/opinions/38196mccallisteropinion.pdf -------------------------------------------------------------------- mail2web.com - Microsoft? Exchange solutions from a leading provider - http://link.mail2web.com/Business/Exchange From reynardtrustee at gmail.com Tue Feb 5 07:48:05 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Tue, 5 Feb 2013 07:48:05 -0700 Subject: [CLBS] Questions for the Judges' Panel Message-ID: Seminar Attendees -- Please don't forget that I need you to send me questions for the Judges' Panel! This is an excellent opportunity to remain anonymous and get answers to those pressing questions you have (so long as they don't relate to case specific fact patterns that are pending before our judges!). Don't be shy! I look forward to hearing from you. Regards, Janine Janine P. Reynard CLE Chair, CLBS From boiselaw.debbie at gmail.com Thu Feb 7 12:14:24 2013 From: boiselaw.debbie at gmail.com (Deborah Gates) Date: Thu, 7 Feb 2013 12:14:24 -0700 Subject: [CLBS] New Chapter 13 Plan In-Reply-To: References: Message-ID: Hi All, I was wondering if anyone had the new chapter 13 plan in Word version that they would be willing to share with the group. [please?] While the PDF from the US District Court's website is helpful (attached above), I understand that the file-able version will not be available for some time. Much appreciated and thanks in advance! -- Thanks so much and have a great day! Deborah Gates, Esq. Gulstrom, Henson, & Roark, PC 1009 Sanetta Street Nampa, ID 83651 *dgates at nampalawyers.com* www.nampalawyers.com office (208) 463-0793 fax (208) 463-1030 cell (208) 724-8959 texting is great! On Mon, Feb 4, 2013 at 12:44 PM, Alexandra Caval wrote: > To Debtor's Bar: > > The new Chapter 13 Plan became effective February 1, 2013 per General > Order 268. Please use the new Plan for all cases filed after February 1, > 2013. If your case was filed before February 1, 2013 and you find that you > need to file an amended plan then continue using the old plan version that > was in effect when the case was filed. Basically, it's your petition date > that determines whether you use the new or old plan. I hope that clarifies > some of the confusion and cuts down on the number of objections we have to > raise. > > 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 > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -------------- next part -------------- A non-text attachment was scrubbed... Name: FINALChapter13Plan2013.pdf Type: application/pdf Size: 62458 bytes Desc: not available URL: From lburri at ringertlaw.com Thu Feb 7 15:06:40 2013 From: lburri at ringertlaw.com (Laura Burri) Date: Thu, 7 Feb 2013 15:06:40 -0700 Subject: [CLBS] Attorney Referral References: <2B2392A718408E42B6E9E50C2AA70C100625818A@svr-icon-mail1.idahy.local> Message-ID: <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> I have a client that has a repossession issue in Dry Creek Louisiana. Anyone have any referrals there? Thank you. Laura Burri From ford at ejame.com Thu Feb 7 15:08:59 2013 From: ford at ejame.com (Ford Elsaesser) Date: Thu, 7 Feb 2013 22:08:59 +0000 Subject: [CLBS] Attorney Referral In-Reply-To: <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> References: <2B2392A718408E42B6E9E50C2AA70C100625818A@svr-icon-mail1.idahy.local> <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> Message-ID: <3996556F8B2F8040ABBD7B56935D500E13865E0D@EJAMEDC.ejame.local> The only choice-rudy cerone in new Orleans-contact info to follow -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri Sent: Thursday, February 07, 2013 2:07 PM To: clbs at admws.idaho.gov Subject: [CLBS] Attorney Referral I have a client that has a repossession issue in Dry Creek Louisiana. Anyone have any referrals there? Thank you. Laura Burri _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From kgm at givenspursley.com Thu Feb 7 15:10:11 2013 From: kgm at givenspursley.com (Kelly Greene McConnell) Date: Thu, 7 Feb 2013 15:10:11 -0700 Subject: [CLBS] Attorney Referral In-Reply-To: <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> References: <2B2392A718408E42B6E9E50C2AA70C100625818A@svr-icon-mail1.idahy.local> <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> Message-ID: <94FFF76B96F89143A62A7B855B6DD4B40B97D02CAA@hermes.corp.givenspursley.com> I recently worked with: Mark L. Barbre, Esq. LONG LAW FIRM, L.L.P. 4041 Essen Lane, Suite 500 Baton Rouge, Louisiana 70809 (225) 922-5110 Telephone (225) 922-5105 Telefax MLB at longlaw.com www.longlaw.com as co-counsel on a similar issue with real property. I don't know where he is geographically in relation to your issue, but I was impressed with him as practical, efficient and easy to work with. K Kelly Greene McConnell, Esq. (208) 388-1282 direct line -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri Sent: Thursday, February 07, 2013 3:07 PM To: clbs at admws.idaho.gov Subject: [CLBS] Attorney Referral I have a client that has a repossession issue in Dry Creek Louisiana. Anyone have any referrals there? Thank you. Laura Burri _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From kgm at givenspursley.com Thu Feb 7 15:12:02 2013 From: kgm at givenspursley.com (Kelly Greene McConnell) Date: Thu, 7 Feb 2013 15:12:02 -0700 Subject: [CLBS] Attorney Referral In-Reply-To: <3996556F8B2F8040ABBD7B56935D500E13865E0D@EJAMEDC.ejame.local> References: <2B2392A718408E42B6E9E50C2AA70C100625818A@svr-icon-mail1.idahy.local> <38FE2D59-B89F-47A7-960F-9264405D44DF@ringertlaw.com> <3996556F8B2F8040ABBD7B56935D500E13865E0D@EJAMEDC.ejame.local> Message-ID: <94FFF76B96F89143A62A7B855B6DD4B40B97D02CAB@hermes.corp.givenspursley.com> FYI, NOLA is completely shut down until Wednesday. Just sayin . . . Kelly Greene McConnell, Esq. (208) 388-1282 direct line -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ford Elsaesser Sent: Thursday, February 07, 2013 3:09 PM To: Laura Burri; clbs at admws.idaho.gov Subject: Re: [CLBS] Attorney Referral The only choice-rudy cerone in new Orleans-contact info to follow -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri Sent: Thursday, February 07, 2013 2:07 PM To: clbs at admws.idaho.gov Subject: [CLBS] Attorney Referral I have a client that has a repossession issue in Dry Creek Louisiana. Anyone have any referrals there? Thank you. Laura Burri _______________________________________________ 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 From katied at nctv.com Fri Feb 8 12:07:13 2013 From: katied at nctv.com (Catherine Dullea) Date: Fri, 8 Feb 2013 11:07:13 -0800 Subject: [CLBS] sounds too good to be true Message-ID: Listmates: Several people, including at least one lawyer, have told me that there is a federal moratorium against deficiency judgments. Really? --Katie Dullea From jrolig at roliglaw.com Fri Feb 8 13:19:30 2013 From: jrolig at roliglaw.com (Jeff Rolig) Date: Fri, 8 Feb 2013 13:19:30 -0700 Subject: [CLBS] sounds too good to be true References: Message-ID: <566AD8B038764509B056404C44785822@roliglaw.local> I would love to know the authority for that! Jeff Rolig ----- Original Message ----- From: "Catherine Dullea" To: "'Bankruptcy list'" Sent: Friday, February 08, 2013 12:07 PM Subject: [CLBS] sounds too good to be true > Listmates: > Several people, including at least one lawyer, have told me that there is > a > federal moratorium against deficiency judgments. Really? > --Katie Dullea > > > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs From jon at boiselaw.org Tue Feb 12 11:09:50 2013 From: jon at boiselaw.org (Jon Wilson) Date: Tue, 12 Feb 2013 11:09:50 -0700 Subject: [CLBS] Refinancing Home Loan & Reaffirmation Agreements Message-ID: The lender for my client's residential loan will only agree to refinance their loan if they reopen their closed chapter 7 bankruptcy and execute a reaffirmation agreement. Can a closed chapter 7 case be reopened for the purpose of entering a reaffirmation agreement? Can a lender (Bank) agree to a refinance of a residential loan, but only if borrower enters a reaffirmation agreement? Thoughts, suggestions, etc. Thanks. Jon R. Wilson Attorney at Law Wilson Law Offices, P.C. 4614 W. Emerald St. Boise, ID 83706 Tel. (208)343-8400 Fax (208)424-5006 Email: jon at boiselaw.org CONFIDENTIALITY NOTICE: The preceding message (including any attachment, if any) is coverby the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient,you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work privilege by the transmission of this message. Thank you. From RFrench at bauerandfrench.com Tue Feb 12 11:31:18 2013 From: RFrench at bauerandfrench.com (Randal French) Date: Tue, 12 Feb 2013 18:31:18 +0000 Subject: [CLBS] Refinancing Home Loan & Reaffirmation Agreements In-Reply-To: References: Message-ID: <45AF97379DC9354BA4F5CFECBB5FFD8301EC10A4@BFSBS.BFDom.local> I suggest that your client just sign off on a reaff and provide it to the lender without reopening and filing the reaff. To be effective, a Reaff must be filed before the discharge order is entered, so unless you move to set aside the discharge order, then file the reaff, then have the discharge order re-entered, the reaff will have no legal effect. So no harm no foul and no liability based upon the reaff. From the perspective of ethics, do you think that your client can ethically sign off on a reaff at this point, knowing or expecting that it would not actually lead to a reaffirmation of the debt and would not lead to personal liability being reinstated, to induce the knucklehead, I mean lender, to refi the loan? Is this a case that the lender is charged with the obligation of knowing the law so it should know that a reaff signed after the discharge order is entered is of no legal force or effect? I do not know of any basis to say that a lender has to disregard the fact of discharge of a debt but it sure does not seem right. Personal liability on a debt that is being refinanced should not really enter into consideration. This is the loan that is getting paid off. But the new lender may be thinking that if the discharged loan can not be enforced other than by foreclosure, a refinance of a discharged debt may also be one that could not be enforced other than by foreclosure. If so, then no one would want to make a loan based on only the ability to foreclose if payments were not made. This may be a matter of a good decision at the time of the bk filing may well cause problems with a refi later. I have seen that myself. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jon Wilson Sent: Tuesday, February 12, 2013 11:10 AM To: clbs at admws.idaho.gov Subject: [CLBS] Refinancing Home Loan & Reaffirmation Agreements The lender for my client's residential loan will only agree to refinance their loan if they reopen their closed chapter 7 bankruptcy and execute a reaffirmation agreement. Can a closed chapter 7 case be reopened for the purpose of entering a reaffirmation agreement? Can a lender (Bank) agree to a refinance of a residential loan, but only if borrower enters a reaffirmation agreement? Thoughts, suggestions, etc. Thanks. Jon R. Wilson Attorney at Law Wilson Law Offices, P.C. 4614 W. Emerald St. Boise, ID 83706 Tel. (208)343-8400 Fax (208)424-5006 Email: jon at boiselaw.org CONFIDENTIALITY NOTICE: The preceding message (including any attachment, if any) is coverby the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient,you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work privilege by the transmission of this message. Thank you. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs !SIG:511a858f312421751213809! From reynardtrustee at gmail.com Wed Feb 20 09:14:55 2013 From: reynardtrustee at gmail.com (Janine Reynard) Date: Wed, 20 Feb 2013 09:14:55 -0700 Subject: [CLBS] Bankruptcy Seminar -- Request for Questions for Judges' Panel Message-ID: Seminar Attendees -- Please don't forget that I need you to send me more questions for the Judges' Panel! This is an excellent opportunity to remain anonymous and get answers to those pressing questions you have (so long as they don't relate to case specific fact patterns that are pending before our judges!). Don't be shy! I look forward to hearing from you. Regards, Janine Janine P. Reynard CLE Chair, CLBS From pgeile at foleyfreeman.com Wed Feb 20 15:01:46 2013 From: pgeile at foleyfreeman.com (Patrick J. Geile) Date: Wed, 20 Feb 2013 22:01:46 +0000 Subject: [CLBS] Financial Management course in a chapter 13 case Message-ID: <107542B42C4DE0499C066B016AD527A30B5B7084@FF01.ff.local> Can the financial management course be taken at any time after the 341 in a chapter 13 case? Are there any other timing considerations for completing that class. Patrick J. Geile Foley Freeman PLLC 77 East Idaho Street, Suite 100 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563 Phone: (208) 888-9111 Fax: (208) 888-5130 The information contained in this electronic communication, and any electronic attachment(s), contains information belonging to the sender that is legally privileged and confidential. This information is intended only for the use of the named recipient(s) above. If you are not the intended recipient, you are hereby notified that the law strictly prohibits any disclosure, copying, distribution, or action taken on the contents of these documents. If you received this electronic communication in error, immediately notify the sender via reply email and delete this communication. From evans_trish at msn.com Wed Feb 20 20:40:27 2013 From: evans_trish at msn.com (Patricia Evans) Date: Wed, 20 Feb 2013 19:40:27 -0800 Subject: [CLBS] Underwater Message-ID: Have a guy that has a lien against his residence/business (same location). Bank loaned 70,000.00 originally. The bank just kept loaning on the building appraised at $118,000.00. There is now $285,000.00 owed against the note that is worth $118,000.00. Bank said they would accept $80,000.00 lump sum which the debtor can not do. I have never stripped a lien. Is this possible in this situation. Thanks, Trish Patricia Evans Attorney at Law POB 1016 155 Main Street Suite #2 Orofino Idaho 83544 (208) 791-6794 From ngh at moffatt.com Wed Feb 20 20:50:55 2013 From: ngh at moffatt.com (Noah Hillen) Date: Wed, 20 Feb 2013 20:50:55 -0700 Subject: [CLBS] Underwater In-Reply-To: References: Message-ID: <8DDE72D0CCCCC748992B656AACFFD2A31DF1A8E9C3@SANTANA.corp.moffatt.local> Judge Pappas recently addressed this issue in the Wages case, in which he held that the antimodification provision set forth in 1123(b)(5) prevented modification of a loan that was secured by real property used as both the debtor's principal residence and business. I have included a link to the Wages opinion below. http://www.id.uscourts.gov/decisions-bk/Wages.7.jrn.pdf -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patricia Evans Sent: Wednesday, February 20, 2013 8:40 PM To: Bankruptcy list Subject: [CLBS] Underwater Have a guy that has a lien against his residence/business (same location). Bank loaned 70,000.00 originally. The bank just kept loaning on the building appraised at $118,000.00. There is now $285,000.00 owed against the note that is worth $118,000.00. Bank said they would accept $80,000.00 lump sum which the debtor can not do. I have never stripped a lien. Is this possible in this situation. Thanks, Trish Patricia Evans Attorney at Law POB 1016 155 Main Street Suite #2 Orofino Idaho 83544 (208) 791-6794 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs NOTICE: This e-mail, including attachments, constitutes a confidential attorney-client or other confidential communication. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (208) 345-2000, so that our address record can be corrected. Thank you. NOTICE: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. From camphillipslaw at gmail.com Wed Feb 20 21:26:42 2013 From: camphillipslaw at gmail.com (Cam Phillips) Date: Wed, 20 Feb 2013 20:26:42 -0800 Subject: [CLBS] Underwater In-Reply-To: References: Message-ID: If the building is really only worth 118k, then why wouldn't the creditor do a new loan at something like 125 with a fair interest rate in order to avoid getting the property back? The other issue is whether there is collateral other that "solely" the real property (1322(b)(2) I think. Take a look at all the other property, in addition to the real estate, that form deeds of trust try to grab. Good luck. Cameron Phillips Attorney at Law 924 Sherman Ave. Coeur d' Alene, Idaho 83814 208 667 5437 On Feb 20, 2013, at 7:40 PM, Patricia Evans wrote: > > Have a guy that has a lien against his residence/business (same location). Bank loaned 70,000.00 originally. The bank just kept loaning on the building appraised at $118,000.00. There is now $285,000.00 owed against the note that is worth $118,000.00. Bank said they would accept $80,000.00 lump sum which the debtor can not do. I have never stripped a lien. Is this possible in this situation. Thanks, Trish > > Patricia Evans > Attorney at Law > POB 1016 > 155 Main Street Suite #2 > Orofino Idaho 83544 > (208) 791-6794 > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > From tyler.wirick at wiricklaw.com Thu Feb 21 10:16:51 2013 From: tyler.wirick at wiricklaw.com (Tyler S. Wirick) Date: Thu, 21 Feb 2013 09:16:51 -0800 Subject: [CLBS] Green Tree Servicing Message-ID: <321E2F9C-7E40-4D3B-A654-3B8D19A2E809@wiricklaw.com> Does anyone know who represents Greentree Servicing? 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 denny at andrewslaw.info Thu Feb 21 15:57:34 2013 From: denny at andrewslaw.info (Denton Andrews) Date: Thu, 21 Feb 2013 14:57:34 -0800 Subject: [CLBS] stacking exemptions? Message-ID: 522(d)(5) provides for $21,650.00 of any unused exemption provided under paragraph (1) of this subsection. Paragraph (1) provides for the full federal exemption of $43,250.00. Can the amount set forth in (d)(5) be considered as in addition to the federal exemption provided in paragrah (1)? 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 mtc at Angstman.com Fri Feb 22 16:07:14 2013 From: mtc at Angstman.com (Matthew T. Christensen) Date: Fri, 22 Feb 2013 16:07:14 -0700 Subject: [CLBS] Important Decision re: LLC's Message-ID: <77846F147B6E0148A950F1D952A4480201DE4DB5@hades.dynasty.angstman.com> Folks, Judge Myers issued an oral decision yesterday regarding the Chapter 7 Trustee's authority to operate a single-member LLC owned by the Debtor(s) prior to the filing of their BK petition (as opposed to simple economic rights related to those LLC's). (For those interested, the case was In re: Hoyle, 10-01484-TLM.) It was an oral ruling, so there's no written decision. However, portions of the decision are transcribed below. Judge Myers cited several cases in the ruling, specifically the following: A-Z Electronics, LLC: 350 B.R. 886 (Bankr. D. Idaho, 2006); In re Albright, 291 B.R. 538 (Bankr. D. Colo. 2003); Fursman v. Ulrich (In re First Protection, Inc.), 440 B.R. 821 (9th Cir. BAP, 2010). Here's the important parts (at least from my perspective!) of the decision: "This present case of Mr. Hoyle's, like Albright and First Protection does not involve a multi-member LLC. This case, like those two, addresses the single-member LLC situation. I have already followed Albright in A-Z Electronics, and I will also follow First Protection in its recognition that Albright's outcome was correct, and also in the BAP's independent conclusions. In that latter regard, the BAP stated and held as follows: "We conclude that all of Debtors' contractual rights and interest in Redux became property of their estate under 541(a)(1) by operation of law when they filed their petition. Section 541(c)(1)(A) overrides both contract and state law restrictions on the transfers or assignment of Debtors' interest in Redux in order to sweep all of their interests into the estate." (p. 830) It further stated there that the restrictions Fuhrsmans pointed to in the operating agreement and under Arizona statutory law "did not prevent the vesting of their contractual rights in their bankruptcy estate." And "as a result, the Trustee was not a mere assignee, but stepped into Debtor's shoes, succeeding to all of their rights, including their right to control Redux." (p. 830) This court finds consistent with First Protection and the outcome in Albright and A-Z Electronics that all of the Debtor's interest in Brundage Inn, LLC, and Villa Verona, LLC, including both economic rights and management rights, are property of the estate and under the control of the Trustee. ... So to repeat, the Motion is well-taken, in that Hoyle's 100% membership interest in the two single-member LLC's, Brundage Inn, LLC, and Villa Verona, LLC, is property of the estate, and the Trustee is entitled to both the economic interest and the right to control and management of those entities. [The] Motion will be granted." If you want a copy of the full decision, you have to request a transcript or audio copy from the court. 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 jporter at porterlawonline.com Wed Feb 27 18:52:44 2013 From: jporter at porterlawonline.com (John Porter) Date: Wed, 27 Feb 2013 17:52:44 -0800 Subject: [CLBS] non-reaffirmed motgage and/or deed of trust notes Message-ID: I have a client who got their discharge some years ago. The did not reaffirm the deed of trust note on their house. They have made the payments and over the years have paid $32,000.00 on a $29,000.00 original debt. The holder of the Deed of Trust still has them at a $27,000.00 balance due. The question is, can the lien holder continue to charge penalties and interest to clear the lien where the note, itself, is discharged or are they limited to the principal amount due at the time of discharge? John Porter