[CLBS] Non-Dischargeable Claim

Sat May 16 10:10:21 MDT 2015

It is a sad day when anyone has to agree with me.  Usually only happens at gunpoint.   :)

Sent from my Verizon Wireless 4G LTE smartphone

-------- Original message --------
From: Matthew T Christensen
Date:05/15/2015 2:46 PM (GMT-08:00)
To: "' D. Blair Clark'" , 'Randy French' , 'Robin Long' , Bankruptcy list
Subject: Re: [CLBS] Non-Dischargeable Claim

"Unfortunate" because of the resulting opinion, or unfortunate because it forces you to agree with Randy?  :)

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<http://www.angstman.com>

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of D. Blair Clark
Sent: Friday, May 15, 2015 11:34 AM
To: 'Randy French'; 'Robin Long'; CLBS at admws.idaho.gov
Subject: Re: [CLBS] Non-Dischargeable Claim

Unfortunately, I agree with Randy.  I used to think you could renew a judgment once and once only, and that was the way I read the statute.  But the collection lawyers seem to get them renewed FOREVER!  As long as they present the renewal on time, the courts will allow the renewal.

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 Randy French
Sent: Friday, May 15, 2015 11:19 AM
To: 'Robin Long'; CLBS at admws.idaho.gov
Subject: Re: [CLBS] Non-Dischargeable Claim

Robin,

I agree that the recording of a judgment in the real estate records does not create any lien on personal property, only on real property and arguably only on the non-exempt equity in real property.

I also believe that a judgment creditor can renew a judgment every five years indefinitely.  The statute does not state a limit to any number of renewals.  I have had clients who renewed their judgment multiple times and I have seen adverse parties renew their judgments against my clients multiple times.

P.S.   Section 1328 makes non-dischargeable in a ch 13 certain debts under
523(a) but does not state that 727 in any previous case impacts the ch 13 discharge.  Or if it does, I may have to go back and read the code again.

Good luck.

Randy French

Law Office of Randal J. French, P.C.
Attorneys at Law
1501 Tyrell Lane lP.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 Robin Long
Sent: Thursday, May 14, 2015 8:58 AM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Non-Dischargeable Claim

Listmates:

I have  debtor in his second chapter 13, the first one was dismissed. In
1986 a creditor got a judgment on a promissory note. The note had a provision that if debtor filed bk the debt was non-dischargeable. In a 1987 chapter 7, there was an adversary wherein the judge ruled it was non-dischargeable. In the subsequent chapter 13 the confirmation order also states it is non-dischargeable. In that case creditor filed a general unsecured claim.

Now, creditors attorney is asserting that the claim is secured to debtors non-exempt personal/business property. My thought is that under I.C. 10-1110 a recorded judgment creates a lien on real property (debtor has none).
However, as to personal property there is no security interest. The judgment creditor can execute on the assets with a writ, but no security interest without a UCC filing. Therefore, in the bk context the creditor has a general unsecured claim.

The second question I have is under 10-1111 a creditor can renew a judgment
5 years after the original judgment. Can the creditor renew every five years, indefinitely? The case law primarily deals with foreign judgments, and in the cases I have read, the judgments weren't past the 10 year period.
I haven't found any cases directly on point.

Any help would be appreciated.

Robin Long
Attorney
Foley Freeman PLLC
953 S. Industry Way
Meridian, ID 83642
P.O. Box 10
(208) 888-9111
(208) 888-5130

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