[CLBS] I get the strangest clients

[Randy French]

Debtor's interest in the house would be an equitable interest and if she is
living in the house, then the trustee and all creditors would be charged
with notice of her interest.  So, I think you list her interest in the house
as an equitable interest and exempt it.  There is a 9th Circuit case form a
few decades ago that addresses the interest of one in possession of a
residence but without legal title if I recall that far back into ancient
history correctly.


Please note that my contact information has changed.  My phone number is
208-859-6881, my email address is rfrench at rfrenchlaw.com and my mailing
address is P.O. Box 836, Boise ID 83701.  My office is now located at 1673
East Lewis Lane, Boise Idaho 83712.  Please update your records
accordingly.  Thanks.



Randy French




Law Office of Randal J. French, P.C.
Attorneys at Law
AP.O. Box 836 PBoise, ID 83701 B(208) 859-6881  

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine
Dullea
Sent: Monday, November 16, 2015 3:34 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] I get the strangest clients

Dear Listmates:

I swear I could make great bar exam questions from the situations my clients
get into.  New chapter 7 client and her now-former boyfriend decide to buy a
house.  Her Dad fronts all of the money for the downpayment.  Because she
has a lot of debt (has been contemplating this bankruptcy for several
years), they put the property into ex-boyfriend's name only.  She has made
all of the payments.  He has disappeared, probably having to do with his
half-dozen or so outstanding warrants.  She has hired another attorney
(thank goodness!) to try to get the house in her name.  Now she's suffered a
judgment on one of her debts and we need to file her chapter 7 asap to keep
her from getting garnished.  The property isn't in her name, but it is her
homestead.  I don't believe she's on the note.  If there's any equity
(sounds like FMV is $80,000 and about $70,000 is owed), can I use her
homestead exemption to protect it?  Right now I see the "asset" as her
lawsuit against ex-boyfriend, for which there's no exemption.  

--Katie Dullea 

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