From gugino at cableone.net Fri May 3 10:23:32 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Fri, 3 May 2013 10:23:32 -0600 Subject: [CLBS] Zion's Bank contact Message-ID: <005f01ce481a$8f444a50$adccdef0$@cableone.net> Folks: Does anyone out there represent Zion's Bank that can respond to a request for records? Jeremy J. Gugino 342-1590 From Tyler at twinfallsattorneys.com Fri May 3 12:56:23 2013 From: Tyler at twinfallsattorneys.com (Tyler McGee) Date: Fri, 3 May 2013 18:56:23 +0000 Subject: [CLBS] Home With Acreage Message-ID: <68A314F324C1BD41873F05A36DE1AE34118E38F3@MBX023-W1-CA-2.exch023.domain.local> Listmates, What are the issues to look out for if someone files chapter 7 bankruptcy when they own a home on 40 acres? Suppose this is all one parcel and an appraisal came back showing the land and improvements were worth $250,000 and the mortgage with a $200,000 balance was attached to the whole parcel. Could the trustee rent the acreage out for grazing or farming? Could the trustee attempt to split the parcel? Is there a limitation on the homestead exemption insofar as 40 acres is not "necessary?" I'd love to hear your thoughts and experiences with this situation. 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 This firm will not mail a hard copy of this transmission and its attachments to you unless specifically requested. ? CONFIDENTIALITY NOTICE:? This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the Attorney-Client privilege.? If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.? If you have received this e-mail in error, please immediately return this e-mail to the sender.? Thank you. From gugino at cableone.net Fri May 3 13:00:50 2013 From: gugino at cableone.net (Jeremy Gugino) Date: Fri, 3 May 2013 13:00:50 -0600 Subject: [CLBS] Home With Acreage In-Reply-To: <68A314F324C1BD41873F05A36DE1AE34118E38F3@MBX023-W1-CA-2.exch023.domain.local> References: <68A314F324C1BD41873F05A36DE1AE34118E38F3@MBX023-W1-CA-2.exch023.domain.local> Message-ID: <00cb01ce4830$891974a0$9b4c5de0$@cableone.net> 1. Not without an order from the court unless there is an existing lease. 2. I don't see how. 3. Review the definition of "homestead" under 55-1001 - I don't remember there being a necessity element. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler McGee Sent: Friday, May 03, 2013 12:56 PM To: 'Bankruptcy list' Subject: [CLBS] Home With Acreage Listmates, What are the issues to look out for if someone files chapter 7 bankruptcy when they own a home on 40 acres? Suppose this is all one parcel and an appraisal came back showing the land and improvements were worth $250,000 and the mortgage with a $200,000 balance was attached to the whole parcel. Could the trustee rent the acreage out for grazing or farming? Could the trustee attempt to split the parcel? Is there a limitation on the homestead exemption insofar as 40 acres is not "necessary?" I'd love to hear your thoughts and experiences with this situation. 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 This firm will not mail a hard copy of this transmission and its attachments to you unless specifically requested. ? CONFIDENTIALITY NOTICE:? This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the Attorney-Client privilege.? If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.? If you have received this e-mail in error, please immediately return this e-mail to the sender.? Thank you. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From ford at ejame.com Fri May 3 13:28:17 2013 From: ford at ejame.com (Ford Elsaesser) Date: Fri, 3 May 2013 19:28:17 +0000 Subject: [CLBS] Home With Acreage In-Reply-To: <00cb01ce4830$891974a0$9b4c5de0$@cableone.net> References: <68A314F324C1BD41873F05A36DE1AE34118E38F3@MBX023-W1-CA-2.exch023.domain.local> <00cb01ce4830$891974a0$9b4c5de0$@cableone.net> Message-ID: <3996556F8B2F8040ABBD7B56935D500E1391DE15@EJAMEDC.ejame.local> On those facts its just the homestead,I think-ford -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeremy Gugino Sent: Friday, May 03, 2013 12:01 PM To: 'Tyler McGee'; 'Bankruptcy list' Subject: Re: [CLBS] Home With Acreage 1. Not without an order from the court unless there is an existing lease. 2. I don't see how. 3. Review the definition of "homestead" under 55-1001 - I don't remember there being a necessity element. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler McGee Sent: Friday, May 03, 2013 12:56 PM To: 'Bankruptcy list' Subject: [CLBS] Home With Acreage Listmates, What are the issues to look out for if someone files chapter 7 bankruptcy when they own a home on 40 acres? Suppose this is all one parcel and an appraisal came back showing the land and improvements were worth $250,000 and the mortgage with a $200,000 balance was attached to the whole parcel. Could the trustee rent the acreage out for grazing or farming? Could the trustee attempt to split the parcel? Is there a limitation on the homestead exemption insofar as 40 acres is not "necessary?" I'd love to hear your thoughts and experiences with this situation. 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 This firm will not mail a hard copy of this transmission and its attachments to you unless specifically requested. ? CONFIDENTIALITY NOTICE:? This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the Attorney-Client privilege.? If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.? If you have received this e-mail in error, please immediately return this e-mail to the sender.? Thank you. _______________________________________________ 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 will at williamthelawyer.com Tue May 7 16:26:51 2013 From: will at williamthelawyer.com (William J. O'Connor) Date: Tue, 7 May 2013 16:26:51 -0600 Subject: [CLBS] Loan secured 10 times over - can he reaffirm? Message-ID: Listmates: I have a unique scenario. Client is self-employed as a sole proprietor. He has one loan for approximately $230,000 that secures his home on two lots, three additional lots that contain his business's building, and four automobiles. Approximate values are as follows: Home on 2 lots: $80,000 Business building and its 3 lots: $125,000 2003 Dodge Pickup: $14,000 1997 Dodge Pickup: $1000 2004 Harley: $7000 2008 Harley: $12,000 Total Secured property value: $239,000 Bank tells client that it is willing to allow him to keep all property securing his loans if he reaffirms. He owes about $2000 in back property taxes, several consumer debts in his ex-wife's name that he was assigned during the divorce b/c he thought he was going to get a lucrative business contract but it fell through, and some other consumer debts that I'm not concerned about. He would be filing as single. If he files a Chapter 7, can he keep all of the assets tied to the $230,000 loan as collateral if he reaffirms the entire debt? If not, any ideas for the best course of action for this client? 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 From alex at kam13trustee.com Fri May 10 14:41:16 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Fri, 10 May 2013 20:41:16 +0000 Subject: [CLBS] Bankruptcy Workshop on May 15, 2013 Message-ID: <9b2d336d65194c06be06ecb23e8aabc8@BL2PR08MB004.namprd08.prod.outlook.com> Everyone, This is a reminder that the bankruptcy workshop on the new Chapter 13 plan is coming up next week on May 15, 2013. Additionally, the workshop has been approved for 2.75 CLE credits. 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: From alex at kam13trustee.com Mon May 13 16:26:17 2013 From: alex at kam13trustee.com (Alexandra Caval) Date: Mon, 13 May 2013 22:26:17 +0000 Subject: [CLBS] Motions to Dismiss for Failure to Turnover 2012 Tax Returns Message-ID: <82c9bf1cc2ee480c9dd921b13f9e7e4f@BL2PR08MB004.namprd08.prod.outlook.com> Everyone, We just finished filing about 350 motions to dismiss for failure to turn over 2012 tax returns. As we receive the complete returns we will withdraw the motions to dismiss. If your debtor does not have a filing requirement for 2012, then please provide us with an affidavit. Please send the affidavits or returns to documents13 at kam13trustee.com instead of sending them to Kathleen or myself. Thank you. 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 evans_trish at msn.com Tue May 21 14:36:43 2013 From: evans_trish at msn.com (Patricia Evans) Date: Tue, 21 May 2013 13:36:43 -0700 Subject: [CLBS] Child support interest Message-ID: I have a client that had paid off his exwife all child support. A few days ago he received a letter from child support he still owes $90,000.00. Any way that is dischargable? It is a Washington case with child support in California. Any help would be greatly appreciated. Trish Patricia Evans Attorney at Law POB 1016 155 Main Street Suite #2 Orofino Idaho 83544 (208) 791-6794 From rokytalaw at gmail.com Thu May 30 15:13:58 2013 From: rokytalaw at gmail.com (Ashley ) Date: Thu, 30 May 2013 14:13:58 -0700 Subject: [CLBS] Bozeman, MT Referral Message-ID: <02e901ce5d7a$9adad8f0$d0908ad0$@gmail.com> Can someone give me a referral for a bankruptcy attorney in Bozeman, MT? Specifically someone with creditors' rights expertise. Thanks. Ashley Rokyta McCormick & Rokyta, PLLC 116 East Third St., Ste. 201 Moscow, ID 83843 Telephone: (208) 301-9291 Fax: (866) 777-3186 This electronic message transmission contains information which may be confidential, privileged, and/or protected attorney work product. It is intended for the use of the addressee(s). Any unauthorized use of this transmission is strictly prohibited. If you received this communication in error, please destroy it completely and inform us of the erroneous delivery by return email message from your computer. Additionally, although all attachments have been scanned at the source for viruses, the recipient should check all attachments for the presence of viruses before opening. We accept no liability for any damages caused by any virus transmitted by email. Thank you for your cooperation From katied at nctv.com Thu May 30 17:19:43 2013 From: katied at nctv.com (Catherine Dullea) Date: Thu, 30 May 2013 16:19:43 -0700 Subject: [CLBS] L&I checks Message-ID: <4642A17A8A8F45F6ABBF0D167ACEA0E5@katied> Dear Listmates: I have a chapter 7 client who receives payments on an L&I claim. The attorney who successfully negotiated the settlement with L&I gets the checks, takes 25% and sends the remainder to client. I was thinking it's not really a debt to the attorney, or is it? It's certainly a claim of the attorney's. I know I will deal with the set-off in the SOFA but am not sure whether to set attorney up as a creditor. I would love my client to get all of his L&I. Has anyone dealt with this or have an opinion? --Katie Dullea From RFrench at bauerandfrench.com Thu May 30 18:35:19 2013 From: RFrench at bauerandfrench.com (Randal French) Date: Fri, 31 May 2013 00:35:19 +0000 Subject: [CLBS] L&I checks In-Reply-To: <4642A17A8A8F45F6ABBF0D167ACEA0E5@katied> References: <4642A17A8A8F45F6ABBF0D167ACEA0E5@katied> Message-ID: <45AF97379DC9354BA4F5CFECBB5FFD8302178730@BFSBS.BFDom.local> What is an L&I claim? I was assuming you meant an L&L claim but I am not certain. The judgment is not a debt to the attorney but the contingency fee is a debt to the attorney, even if contingent, unliquidated or not yet mature. 11 USC 101(5). Is this essentially a judgment that is collateral for an attorney charging lien within the meaning if Idaho Code 3-205? One annotation is Hopkins v Thomason Farms, Inc. Case no 03-42400, decision issued June 24, 2009, as I understand. Also see the state court decision in Frazee v Frazee 104 Idaho, 463 660 P. 2d 928 (1983). I would list the attorney as a creditor and give notice even if you mark the claim as disputed, contingent unliquidated and list it as unsecured Randy French www.bauerandfrench.com Bauer & French Attorneys at Law 1501 Tyrell Lane 1P.O. Box 2730 PBoise, ID 83701-2730 (208) 383-0090 ( Fax: (208) 383-0412 IMPORTANT NOTICE: This communication, including any attachments, may contain information that may be confidential or privileged and is intended solely for the entity or individual to whom it is addressed. If you are NOT the intended recipient, you must delete this message and attachments and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is to be a legally binding signature. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea Sent: Thursday, May 30, 2013 5:20 PM To: 'Bankruptcy list' Subject: [CLBS] L&I checks Dear Listmates: I have a chapter 7 client who receives payments on an L&I claim. The attorney who successfully negotiated the settlement with L&I gets the checks, takes 25% and sends the remainder to client. I was thinking it's not really a debt to the attorney, or is it? It's certainly a claim of the attorney's. I know I will deal with the set-off in the SOFA but am not sure whether to set attorney up as a creditor. I would love my client to get all of his L&I. Has anyone dealt with this or have an opinion? --Katie Dullea _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs !SIG:51a7deab282524126287589! From bperry at integralawgroup.com Fri May 31 10:12:10 2013 From: bperry at integralawgroup.com (Bruce M. Perry) Date: Fri, 31 May 2013 10:12:10 -0600 Subject: [CLBS] Section 727(a)8 Message-ID: <014a01ce5e19$9b42e950$d1c8bbf0$@com> Dear Listmates, Section 727(a)8 provides that a debtor will not receive a discharge in a case filed within 8 years of the filing of a prior case in which the debtor was granted a discharge. Does that mean the debts are forever non-dischargeable? For example, can the case be dismissed and refilled if the 8 years has now run? If the case is not dismissed but proceeds and is closed with no discharge, can a new case then be filed with the same debts listed and will a discharge then be available? Does the pendency of the bankruptcy case toll the running of the 8 year period? Any guidance you can provide will be appreciated. Thanks. Bruce M. Perry Integra Law Group 950 W. Bannock, 11th Floor PO Box 1870 Boise, ID 83701 T/ 208.386.9000 C/ 208.867.9000 F/ 208.386.9900 integralawgroup.com This email is confidential and only for the use of the intended recipient. If you are not the intended recipient, any use, distribution or copying of this communication is prohibited. If you have received this email in error, please notify us by reply email or telephone at (208) 386-9000 and delete/destroy the original message. Thank you. From RFrench at bauerandfrench.com Fri May 31 11:17:15 2013 From: RFrench at bauerandfrench.com (Randal French) Date: Fri, 31 May 2013 17:17:15 +0000 Subject: [CLBS] Section 727(a)8 In-Reply-To: <014a01ce5e19$9b42e950$d1c8bbf0$@com> References: <014a01ce5e19$9b42e950$d1c8bbf0$@com> Message-ID: <45AF97379DC9354BA4F5CFECBB5FFD8302179822@BFSBS.BFDom.local> Good question. 523(a)(10) seems to address this, making non-dischargeable under 523(a)(10) debts from a prior case in which the debtor was denied a discharge under 727(a)(2)-(7), but not (8)-(12). -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Bruce M. Perry Sent: Friday, May 31, 2013 10:12 AM To: clbs at admws.idaho.gov Subject: [CLBS] Section 727(a)8 Dear Listmates, Section 727(a)8 provides that a debtor will not receive a discharge in a case filed within 8 years of the filing of a prior case in which the debtor was granted a discharge. Does that mean the debts are forever non-dischargeable? For example, can the case be dismissed and refilled if the 8 years has now run? If the case is not dismissed but proceeds and is closed with no discharge, can a new case then be filed with the same debts listed and will a discharge then be available? Does the pendency of the bankruptcy case toll the running of the 8 year period? Any guidance you can provide will be appreciated. Thanks. Bruce M. Perry Integra Law Group 950 W. Bannock, 11th Floor PO Box 1870 Boise, ID 83701 T/ 208.386.9000 C/ 208.867.9000 F/ 208.386.9900 integralawgroup.com This email is confidential and only for the use of the intended recipient. If you are not the intended recipient, any use, distribution or copying of this communication is prohibited. If you have received this email in error, please notify us by reply email or telephone at (208) 386-9000 and delete/destroy the original message. Thank you. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs !SIG:51a8cbf4163114200973870!