From alex at cavallawoffice.com Mon Jul 13 10:55:50 2015 From: alex at cavallawoffice.com (Alexandra Caval) Date: Mon, 13 Jul 2015 10:55:50 -0600 Subject: [CLBS] Lien avoidance in a Chapter 20 case Message-ID: <00f501d0bd8c$c683c560$538b5020$@cavallawoffice.com> Last week the 9th Circuit BAP held that in Chapter 20 cases (a chapter 13 on the heels of a chapter 7 case) the debtors can avoid a wholly unsecured second mortgage and that the avoidance occurs at the completion of the plan. Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. -------------- next part -------------- A non-text attachment was scrubbed... Name: Boukatch-14-1483.pdf Type: application/pdf Size: 112837 bytes Desc: not available URL: From jcmeservy at cableone.net Mon Jul 13 11:21:07 2015 From: jcmeservy at cableone.net (James Meservy) Date: Mon, 13 Jul 2015 11:21:07 -0600 Subject: [CLBS] Lien avoidance in a Chapter 20 case In-Reply-To: <00f501d0bd8c$c683c560$538b5020$@cavallawoffice.com> References: <00f501d0bd8c$c683c560$538b5020$@cavallawoffice.com> Message-ID: <000301d0bd90$4e8d5590$eba800b0$@cableone.net> Alex , how does that, can that, square the with Supreme Ct case of approx. 1 mo/6 weeks ago? -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval Sent: Monday, July 13, 2015 10:56 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Lien avoidance in a Chapter 20 case Last week the 9th Circuit BAP held that in Chapter 20 cases (a chapter 13 on the heels of a chapter 7 case) the debtors can avoid a wholly unsecured second mortgage and that the avoidance occurs at the completion of the plan. Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. From dbc at dbclarklaw.com Mon Jul 13 11:39:58 2015 From: dbc at dbclarklaw.com ( D. Blair Clark) Date: Mon, 13 Jul 2015 11:39:58 -0600 Subject: [CLBS] Lien avoidance in a Chapter 20 case In-Reply-To: <000301d0bd90$4e8d5590$eba800b0$@cableone.net> References: <00f501d0bd8c$c683c560$538b5020$@cavallawoffice.com> <000301d0bd90$4e8d5590$eba800b0$@cableone.net> Message-ID: <033501d0bd92$f106bd50$d31437f0$@com> That case, as I read it, was extremely careful to limit itself to CHAPTER 7 CASES. Justice Thomas mentioned the phrase "Chapter 7 Debtor" or "Chapter 7 case" virtually every time he referred to the bankruptcy proceeding. In that regard, it's no different than Dewsnup. D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 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 James Meservy Sent: Monday, July 13, 2015 11:21 AM To: 'Alexandra Caval'; CLBS at admws.idaho.gov Subject: Re: [CLBS] Lien avoidance in a Chapter 20 case Alex , how does that, can that, square the with Supreme Ct case of approx. 1 mo/6 weeks ago? -----Original Message----- From: CLBS [ mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval Sent: Monday, July 13, 2015 10:56 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Lien avoidance in a Chapter 20 case Last week the 9th Circuit BAP held that in Chapter 20 cases (a chapter 13 on the heels of a chapter 7 case) the debtors can avoid a wholly unsecured second mortgage and that the avoidance occurs at the completion of the plan. Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 < mailto:alex at cavallawoffice.com> alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From alex at cavallawoffice.com Mon Jul 13 12:01:54 2015 From: alex at cavallawoffice.com (Alexandra Caval) Date: Mon, 13 Jul 2015 12:01:54 -0600 Subject: [CLBS] Lien avoidance in a Chapter 20 case In-Reply-To: <000301d0bd90$4e8d5590$eba800b0$@cableone.net> References: <00f501d0bd8c$c683c560$538b5020$@cavallawoffice.com> <000301d0bd90$4e8d5590$eba800b0$@cableone.net> Message-ID: <012201d0bd96$01ac7d90$050578b0$@cavallawoffice.com> Caulkett (the Supreme Court Decision) involved a chapter 7 debtor that was trying to avoid a wholly unsecured junior mortgage under 506(d) but the Supreme Court held that Dewsnup was still good law (although the Supreme Court noted more than once that they weren't being asked to overrule Dewsnup). Caulkett was a reaffirmation of Dewsnup under the facts presented which was limited to Chapter 7. Chapter 13 on the other hand, allows lien avoidances (Nobleman vs. American Savings) under 1322(b)(2) & 506(a). In the context of chapter 20 cases the debate has always been whether you can avoid a mortgage lien when the debtor is not going to get a discharge in the case as well as the timing of the avoidance (confirmation vs. completion vs. discharge). The BAP adopted the view of the courts that have held permitted lien avoidance in chapter 20 cases "because nothing in the Code prevents it" and found that plan completion was when the avoidance became permanent because it leads to administrative closure of the case. Basically, Caulkett and Boukatch involve very different issues that don't really overlap. -----Original Message----- From: James Meservy [mailto:jcmeservy at cableone.net] Sent: Monday, July 13, 2015 11:21 AM To: 'Alexandra Caval'; CLBS at admws.idaho.gov Subject: RE: [CLBS] Lien avoidance in a Chapter 20 case Alex , how does that, can that, square the with Supreme Ct case of approx. 1 mo/6 weeks ago? -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval Sent: Monday, July 13, 2015 10:56 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Lien avoidance in a Chapter 20 case Last week the 9th Circuit BAP held that in Chapter 20 cases (a chapter 13 on the heels of a chapter 7 case) the debtors can avoid a wholly unsecured second mortgage and that the avoidance occurs at the completion of the plan. Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. From cldlaw at gmail.com Fri Jul 17 13:23:57 2015 From: cldlaw at gmail.com (Catherine Dullea) Date: Fri, 17 Jul 2015 12:23:57 -0700 Subject: [CLBS] attorney malpractice Message-ID: <000801d0c0c6$214a4f00$63deed00$@gmail.com> Dear Listmates: Who would you recommend to speak to regarding an attorney malpractice claim relating to a badly-drafted security interest? This would be for the client who now has an unsecured claim. --Katie Dullea From attorney at martellelaw.com Fri Jul 17 13:25:42 2015 From: attorney at martellelaw.com (Marty Martelle) Date: Fri, 17 Jul 2015 19:25:42 +0000 Subject: [CLBS] attorney malpractice In-Reply-To: <000801d0c0c6$214a4f00$63deed00$@gmail.com> References: <000801d0c0c6$214a4f00$63deed00$@gmail.com> Message-ID: <95EE7D90DF531D4BBEA3E36A5B290B00E4E0752A@MARTELLESVR.martellelaw.local> Allen Ellis has been doing malpractice (including legal malpractice matters) forever. I would recommend him. Marty -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea Sent: Friday, July 17, 2015 1:24 PM To: CLBS at admws.idaho.gov Subject: [CLBS] attorney malpractice Dear Listmates: Who would you recommend to speak to regarding an attorney malpractice claim relating to a badly-drafted security interest? This would be for the client who now has an unsecured claim. --Katie Dullea _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From RFrench at bauerandfrench.com Fri Jul 17 14:05:40 2015 From: RFrench at bauerandfrench.com (Randal French) Date: Fri, 17 Jul 2015 20:05:40 +0000 Subject: [CLBS] attorney malpractice In-Reply-To: <000801d0c0c6$214a4f00$63deed00$@gmail.com> References: <000801d0c0c6$214a4f00$63deed00$@gmail.com> Message-ID: <45AF97379DC9354BA4F5CFECBB5FFD830CC210CF@BFSBS.BFDom.local> Jeff Strother in Boise also does good work on malpractice cases. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea Sent: Friday, July 17, 2015 1:24 PM To: CLBS at admws.idaho.gov Subject: [CLBS] attorney malpractice Dear Listmates: Who would you recommend to speak to regarding an attorney malpractice claim relating to a badly-drafted security interest? This would be for the client who now has an unsecured claim. --Katie Dullea _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs !SIG:55a9567240371131618128! From ford at ejame.com Mon Jul 20 08:47:26 2015 From: ford at ejame.com (Ford Elsaesser) Date: Mon, 20 Jul 2015 14:47:26 +0000 Subject: [CLBS] Judge Pappas quoted in NY Times on student loans Message-ID: <3996556F8B2F8040ABBD7B56935D500E8975E93F@EJAMEDC.ejame.local> http://www.nytimes.com/2015/07/18/your-money/student-loans/judges-rebuke-limits-on-wiping-out-student-loan-debt.html?_r=0 From alex at cavallawoffice.com Tue Jul 21 17:41:45 2015 From: alex at cavallawoffice.com (Alexandra Caval) Date: Tue, 21 Jul 2015 17:41:45 -0600 Subject: [CLBS] CLE credit for Idaho Chapter of the American College of Bankruptcy Webcast Message-ID: <020501d0c40e$cef62b10$6ce28130$@cavallawoffice.com> Folks: If you watched the webcast of the Idaho Chapter of the American College of Bankruptcy - Five Supreme Court Decisions and would like CLE credit then please e-mail me directly (alex at cavallawoffice.com ) with your name and bar number by noon on Wednesday, July 23, 2015. Those who have already e-mailed their information to me do NOT need to resend it. Sincerely, Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. From mayneslaw at hotmail.com Fri Jul 24 16:04:35 2015 From: mayneslaw at hotmail.com (Robert Maynes) Date: Fri, 24 Jul 2015 16:04:35 -0600 Subject: [CLBS] US Trustee Program Job Opportunity Message-ID: Dear Listmates, David Newman has requested that I post the following to the list serve: US Trustee Program, Trial Attorney Job Opportunity, Office of the U.S. Trustee, U.S. Dept. of Justice, Boise, Idaho. Job Opportunity Announcement Number (JOA) UT-15-1464602 opens Monday July 27 2015, and will close at 11:59 PM Eastern Time) on Friday, August 07, 2015. Salary Range: $83,468.00 to $128,223.00 / Per Year. APPLICATIONS MUST BE SUBMITTED ON USAJOBS.GOV . For more details visit https://www.usajobs.gov/GetJob/ViewDetails/410917900 OR https://ustp.ust.doj.gov/hr/vacancies.htm: Regards, ROBERT J. MAYNES MAYNES TAGGART, PLLC 525 Park Ave. Suite 2E P.O. Box 3005 Idaho Falls, Idaho 83403 (208) 552-6442 (208) 524-6095 fax Confidentiality Notice: This message is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email to the sender or collect telephone call to (208) 552-6442. Internal Revenue Service Circular 230 Disclosure: Please note that any discussion of or advice regarding United States tax matters contained herein (including any attachments hereto) does not meet the requirements necessary to be a "covered opinion" as defined in Internal Revenue Service Circular 230, and therefore, is not intended or written to be relied upon or used and cannot be relied upon or used for the purpose of avoiding federal tax penalties that may be imposed or for the purpose of promoting, marketing, or recommending any tax-related matters or advice to another party. From alex at cavallawoffice.com Fri Jul 31 10:39:45 2015 From: alex at cavallawoffice.com (Alexandra Caval) Date: Fri, 31 Jul 2015 10:39:45 -0600 Subject: [CLBS] Advocate Article Message-ID: <00cf01d0cbaf$834e5a90$89eb0fb0$@cavallawoffice.com> Folks, Our section is co-sponsoring the November issue of the Advocate with the Employment Law Section. I need to line up one more author for that issue. I need an article that is 1,800 - 2,800 words long on a topic that overlaps both employment law and bankruptcy; it's due by 9/2 and there's MCLE credit in exchange for your work. If you are interested in writing an article then please contact me directly. Sincerely, Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability.