[CLBS] Country Club membership

Marty Martelle attorney at martellelaw.com
Mon Feb 24 13:15:47 MST 2014


Does anyone have a RE Broker that they could suggest to do an estimate of value on a home?  The first mortgage is right on the edge of being undersecured and we are looking at a chapter 13 and lien strip a second, but we want to get an opinion as to value.

Marty Martelle

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Monday, February 24, 2014 11:48 AM
To: Jeff Rolig; James Macdonald; clbs at admws.idaho.gov
Subject: Re: [CLBS] Country Club membership

It may still have been an executory contract.  I do not know.  Might need some research on the issue.  

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeff Rolig
Sent: Monday, February 24, 2014 12:01 PM
To: James Macdonald; clbs at admws.idaho.gov
Subject: Re: [CLBS] Country Club membership



He did not list it as an executory contract.  He simply listed his country club membership, with a zero value.  It looks to me as though the trustee eventually abandoned the "asset" as having no value to the estate.

----- Original Message -----
From: "James Macdonald" <jmacdonald at ejame.com>
To: "Jeff Rolig" <jrolig at roliglaw.com>; <clbs at admws.idaho.gov>
Sent: Monday, February 24, 2014 9:30 AM
Subject: RE: [CLBS] Country Club membership


Did the Debtor list it as an executory contract? If so, did the Debtor reject it?

Regards,

James S. Macdonald

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeff Rolig
Sent: Friday, February 21, 2014 5:06 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Country Club membership

Debtor files Ch. 7 bkcy in Dec. 2009.  One estate asset is a country club membership, valued at $0.  Trustee supposedly held the debtor's CC stock certificate.  The country club was not listed as a creditor and had no notice of the filing.  Trustee abandoned the membership and the case was closed in December 2010.  Membership certificate was surrendered by the member sometime after that.  Can the debtor/member be sued (legally) for the accrued and unpaid 2010 country club annual dues?

Jeffrey E. Rolig
Jeffrey E. Rolig, P.C.
P.O. Box 5455
Twin Falls, ID 83303
Tele. 208-733-0075
Fax 208-733-0717
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