From rmaynes at maynestaggart.com Tue Apr 2 14:57:41 2019 From: rmaynes at maynestaggart.com (Robert Maynes) Date: Tue, 2 Apr 2019 14:57:41 -0600 Subject: [CLBS] Exemption Question Message-ID: Dear Listmates, Debtor has a retirement annuity that withholds income tax. She now has a sizable refund?traceable to the retirement. Can I exempt the refund? Any case law to support your opinions? Kindest regards, Rob PLEASE NOTE OUR NEW OFFICE ADDRESS BELOW. ROBERT J. MAYNES MAYNES TAGGART, PLLC 1449 E. 17th Street, Suite A 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 kam at kam13trustee.com Tue Apr 2 16:09:25 2019 From: kam at kam13trustee.com (Kathleen McCallister) Date: Tue, 2 Apr 2019 22:09:25 +0000 Subject: [CLBS] Exemption Question In-Reply-To: References: Message-ID: Would it be safe to assume the income withholding is on distributions? -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Robert Maynes Sent: Tuesday, April 02, 2019 2:58 PM To: clbs at admws.idaho.gov Subject: [CLBS] Exemption Question Dear Listmates, Debtor has a retirement annuity that withholds income tax. She now has a sizable refund?traceable to the retirement. Can I exempt the refund? Any case law to support your opinions? Kindest regards, Rob PLEASE NOTE OUR NEW OFFICE ADDRESS BELOW. ROBERT J. MAYNES MAYNES TAGGART, PLLC 1449 E. 17th Street, Suite A 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. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From holly at roarklawboise.com Thu Apr 4 12:34:53 2019 From: holly at roarklawboise.com (Holly Roark) Date: Thu, 4 Apr 2019 12:34:53 -0600 Subject: [CLBS] Is CH 7 Trustee entitled to increased equity in converted case? Message-ID: <015d01d4eb15$18e8fd70$4abaf850$@roarklawboise.com> This is a CDCA CH 13 case. We are at the end of the case. Junior mortgage submitted statement saying mortgage is not postpetition current ($19K). CH 13 trustee has filed Motion to Dismiss. Considering converting to CH 7 to at least get rid of unsecured debt, but house value equity has ballooned to about $400K. Is CH 7 Tee entitled to this equity in a converted case? Other options: 1. Dismiss and refile CH 13, but will be 100% plan as opposed to 0% plan debtor has been in for 5 years based on equity increase. Bummer. 2. Debtor is looking to modify Jr. mortgage to put postpetition arrears on end of loan (this has to happen real fast, like within 10 days), and see if they will submit revised statement to trustee stating debtor is now not in postpetition arrears. Not sure if this is a viable option though since technically Debtor did not comply with plan terms. Let me know your thoughts. Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: holly at roarklawboise.com Website: www.roarklawboise.com You can easily see my real-time availability and schedule time with me at https://calendly.com/hollyr (Appointments are by phone only unless otherwise noted.) *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. From alex at cavallawoffice.com Thu Apr 4 13:47:21 2019 From: alex at cavallawoffice.com (Alexandra Caval) Date: Thu, 4 Apr 2019 13:47:21 -0600 Subject: [CLBS] Is CH 7 Trustee entitled to increased equity in converted case? In-Reply-To: <015d01d4eb15$18e8fd70$4abaf850$@roarklawboise.com> References: <015d01d4eb15$18e8fd70$4abaf850$@roarklawboise.com> Message-ID: Unfortunately, post-petition appreciation goes to the estate. I think in the 9th Circuit the decision is in re Chappell out of the BAP. It's from 2007 but I don't think it's changed. The only defense I could think of outside of tapping an asset like a 401k to cure the arrearage would be to argue that the post-petition payments that debtor was to make directly were not "payments under the plan" under 1328(a). Any motion to dismiss by a trustee would have to be for failure to make payments due under the plan. I would direct you to In re Gibson, a 2018 decision out of the Central District of Illinois (copy attached). There is a split among bankruptcy courts on this issue but I'm not aware of any BAP or Circuit decisions on the issue. Both decisions referenced are attached. On Thu, Apr 4, 2019 at 12:43 PM Holly Roark wrote: > This is a CDCA CH 13 case. We are at the end of the case. Junior mortgage > submitted statement saying mortgage is not postpetition current ($19K). CH > 13 trustee has filed Motion to Dismiss. Considering converting to CH 7 to > at > least get rid of unsecured debt, but house value equity has ballooned to > about $400K. Is CH 7 Tee entitled to this equity in a converted case? > > > > Other options: > > 1. Dismiss and refile CH 13, but will be 100% plan as opposed to 0% > plan debtor has been in for 5 years based on equity increase. Bummer. > 2. Debtor is looking to modify Jr. mortgage to put postpetition > arrears > on end of loan (this has to happen real fast, like within 10 days), and see > if they will submit revised statement to trustee stating debtor is now not > in postpetition arrears. Not sure if this is a viable option though since > technically Debtor did not comply with plan terms. > > > > Let me know your thoughts. > > > > Best regards, > > HOLLY ROARK > > Attorney at Law > > Certified Bankruptcy Specialist - > > By the State Bar of California Board of Legal Specialization > > > > ROARK LAW OFFICES > > 950 Bannock Street | 11th Floor | Boise, Idaho 83702 > > Phone: (208) 536-3638 (Texting is great! Regular business hours only, > please.) > > Fax: (310) 553-2601 > > E-mail: holly at roarklawboise.com > Website: > www.roarklawboise.com > > You can easily see my real-time availability and schedule time with me at > https://calendly.com/hollyr (Appointments > are > by phone only unless otherwise noted.) > > *This communication does not create an attorney-client relationship. > > Unless you have signed a retainer agreement with Roark Law Offices, this > > communication may not be private or privileged. > > > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- 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: Chappell-06-1435_07_11_2007 - Post-Petition Appreciation Goes to Estate.pdf Type: application/pdf Size: 88309 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 12-81186_Gibson_Opinion_and_Order-signed.pdf Type: application/pdf Size: 382570 bytes Desc: not available URL: From John.Knapp at MillerNash.com Thu Apr 4 14:23:38 2019 From: John.Knapp at MillerNash.com (Knapp, John R.) Date: Thu, 4 Apr 2019 20:23:38 +0000 Subject: [CLBS] Is CH 7 Trustee entitled to increased equity in converted case? In-Reply-To: References: <015d01d4eb15$18e8fd70$4abaf850$@roarklawboise.com> Message-ID: Also check out the recent Wilson opinion out of the Ninth Circuit on the fixing of the value of the homestead exemption as of the date of the filing of the petition, such that the exemption can't be amended to give the debtor the benefit of postpetition appreciation (at least based on the Washington exemption statute). http://cdn.ca9.uscourts.gov/datastore/opinions/2018/11/27/17-35716.pdf John Knapp John R. Knapp, Jr., P.C. Partner, Bankruptcy & Creditors' Rights Team Leader Miller Nash Graham & Dunn LLP Pier 70 | 2801 Alaskan Way - Suite 300 | Seattle, Washington 98121 Direct: 206.777.7430 | Office: 206.624.8300 | Fax: 206.340.9599 John.Knapp at MillerNash.com | www.millernash.com Please consider the environment before printing this e-mail. -------------------------------------- CONFIDENTIALITY NOTICE: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you. -------------------------------------- -----Original Message----- From: CLBS On Behalf Of Alexandra Caval Sent: Thursday, April 4, 2019 12:47 PM To: Holly Roark Cc: Bankruptcy list Subject: Re: [CLBS] Is CH 7 Trustee entitled to increased equity in converted case? Unfortunately, post-petition appreciation goes to the estate. I think in the 9th Circuit the decision is in re Chappell out of the BAP. It's from 2007 but I don't think it's changed. The only defense I could think of outside of tapping an asset like a 401k to cure the arrearage would be to argue that the post-petition payments that debtor was to make directly were not "payments under the plan" under 1328(a). Any motion to dismiss by a trustee would have to be for failure to make payments due under the plan. I would direct you to In re Gibson, a 2018 decision out of the Central District of Illinois (copy attached). There is a split among bankruptcy courts on this issue but I'm not aware of any BAP or Circuit decisions on the issue. Both decisions referenced are attached. On Thu, Apr 4, 2019 at 12:43 PM Holly Roark wrote: > This is a CDCA CH 13 case. We are at the end of the case. Junior > mortgage submitted statement saying mortgage is not postpetition > current ($19K). CH > 13 trustee has filed Motion to Dismiss. Considering converting to CH 7 > to at least get rid of unsecured debt, but house value equity has > ballooned to about $400K. Is CH 7 Tee entitled to this equity in a > converted case? > > > > Other options: > > 1. Dismiss and refile CH 13, but will be 100% plan as opposed to 0% > plan debtor has been in for 5 years based on equity increase. Bummer. > 2. Debtor is looking to modify Jr. mortgage to put postpetition > arrears > on end of loan (this has to happen real fast, like within 10 days), > and see if they will submit revised statement to trustee stating > debtor is now not in postpetition arrears. Not sure if this is a > viable option though since technically Debtor did not comply with plan terms. > > > > Let me know your thoughts. > > > > Best regards, > > HOLLY ROARK > > Attorney at Law > > Certified Bankruptcy Specialist - > > By the State Bar of California Board of Legal Specialization > > > > ROARK LAW OFFICES > > 950 Bannock Street | 11th Floor | Boise, Idaho 83702 > > Phone: (208) 536-3638 (Texting is great! Regular business hours only, > please.) > > Fax: (310) 553-2601 > > E-mail: holly at roarklawboise.com > Website: > > http://www.roarklawboise.com > > You can easily see my real-time availability and schedule time with me > at > https://calendly.com/hollyr (Appointments > are by phone only unless otherwise noted.) > > *This communication does not create an attorney-client relationship. > > Unless you have signed a retainer agreement with Roark Law Offices, > this > > communication may not be private or privileged. > > > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- 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 ajt at aaronjtolsonlaw.com Thu Apr 4 15:28:07 2019 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Thu, 4 Apr 2019 15:28:07 -0600 Subject: [CLBS] Exemption Question In-Reply-To: References: Message-ID: I tried this a few years ago to Judge Pappas. Brad & Tami Egbert. Judge in his written opinion considered it an "interesting" argument but found that when a debtor's money goes into the yawning maw of a state tax authority, it is commingled and thus untraceable when it comes back to debtors so the exemption was not allowed. My case was a refund from California to a doctor though so you might generate more sympathy n your case. On Tue, Apr 2, 2019 at 2:58 PM Robert Maynes wrote: > Dear Listmates, > Debtor has a retirement annuity that withholds income tax. She now has a > sizable refund?traceable to the retirement. Can I exempt the refund? Any > case law to support your opinions? > Kindest regards, > Rob > > PLEASE NOTE OUR NEW OFFICE ADDRESS BELOW. > > ROBERT J. MAYNES > MAYNES TAGGART, PLLC > 1449 E. 17th Street, Suite A > 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. > > > > > > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. From holly at roarklawboise.com Wed Apr 10 14:59:30 2019 From: holly at roarklawboise.com (Holly Roark) Date: Wed, 10 Apr 2019 14:59:30 -0600 Subject: [CLBS] 523(a)(15) and Chapter 11? Message-ID: <012b01d4efe0$4b3b7e90$e1b27bb0$@roarklawboise.com> Is a 523(a)(15) debt dischargeable in an individual chapter 11? I am not finding that exception language as exists in 1328, but maybe I am missing something? Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: holly at roarklawboise.com Website: www.roarklawboise.com You can easily see my real-time availability and schedule time with me at https://calendly.com/hollyr (Appointments are by phone only unless otherwise noted.) *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. From PGeile at foleyfreeman.com Mon Apr 15 13:40:05 2019 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Mon, 15 Apr 2019 19:40:05 +0000 Subject: [CLBS] Referral For Las Vegas Nevada atty to sue on breach of contract claim? Message-ID: Patrick J. Geile Foley Freeman PLLC 953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563 Phone: (208) 888-9111 Fax: (208) 888-5130 From RFaucher at hollandhart.com Mon Apr 15 13:44:22 2019 From: RFaucher at hollandhart.com (Robert Faucher) Date: Mon, 15 Apr 2019 19:44:22 +0000 Subject: [CLBS] Referral For Las Vegas Nevada atty to sue on breach of contract claim? In-Reply-To: References: Message-ID: Patrick, I'd ask you to consider my partner Bob Cassity. Bob Robert A. Faucher Holland & Hart LLP 800 W. Main St., Suite 1750 Boise, ID 83702 Phone (208) 342-5000 Fax (208) 343-8869 E-Mail: rfaucher at hollandhart.com [http://www.hollandhart.com/images/EmailHHlogo2003.gif] CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. From: CLBS On Behalf Of Patrick Geile Sent: Monday, April 15, 2019 1:40 PM To: clbs at admws.idaho.gov Subject: [CLBS] Referral For Las Vegas Nevada atty to sue on breach of contract claim? Patrick J. Geile Foley Freeman PLLC 953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563 Phone: (208) 888-9111 Fax: (208) 888-5130 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 3241 bytes Desc: image001.gif URL: From shawngmillerlaw at gmail.com Mon Apr 15 14:01:49 2019 From: shawngmillerlaw at gmail.com (Shawn Miller) Date: Mon, 15 Apr 2019 14:01:49 -0600 Subject: [CLBS] Homeowners exemption Message-ID: Listmates, I have a chp 13 client with a motion to sell their house. Once the house is sold and their exemption is returned to them, can the case be converted to a chapter 7 and still protect their property exemption? Any help would be appreciated. -- Miller Law PLLC 6901 W. Emerald St. Ste 203 Boise, ID 83704 Phone: 208-901-1647 Fax:208-906-8667 Email: shawngmillerlaw at gmail.com *ATTENTION*: This email and any attachments are intended for the addressee only and may contain legally privileged or confidential information. If you are not the intended recipient of this email, disregard and delete it immediately. Any unauthorized use or dissemination is strictly prohibited. If you have received this message in error please contact the sender at the email address provided above. From kam at kam13trustee.com Mon Apr 15 14:10:04 2019 From: kam at kam13trustee.com (Kathleen McCallister) Date: Mon, 15 Apr 2019 20:10:04 +0000 Subject: [CLBS] Homeowners exemption In-Reply-To: References: Message-ID: Since the motion debtors filed indicates you are going to turnover the funds was it your intention to get the order entered to allow the sale and then hurry up and convert the case before you turnover the proceeds or are you planning to do an amended motion? -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Shawn Miller Sent: Monday, April 15, 2019 2:02 PM To: Bankruptcy list Subject: [CLBS] Homeowners exemption Listmates, I have a chp 13 client with a motion to sell their house. Once the house is sold and their exemption is returned to them, can the case be converted to a chapter 7 and still protect their property exemption? Any help would be appreciated. -- Miller Law PLLC 6901 W. Emerald St. Ste 203 Boise, ID 83704 Phone: 208-901-1647 Fax:208-906-8667 Email: shawngmillerlaw at gmail.com *ATTENTION*: This email and any attachments are intended for the addressee only and may contain legally privileged or confidential information. If you are not the intended recipient of this email, disregard and delete it immediately. Any unauthorized use or dissemination is strictly prohibited. If you have received this message in error please contact the sender at the email address provided above. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From rfrench at rfrenchlaw.net Mon Apr 15 17:37:52 2019 From: rfrench at rfrenchlaw.net (Randal French) Date: Mon, 15 Apr 2019 23:37:52 +0000 Subject: [CLBS] Homeowners exemption In-Reply-To: References: Message-ID: I think you are better off to convert before the client sells, if you can. If you sell first, there is an argument that your clients must reinvest the sales proceeds in a new homestead within one year or the homestead exemption ends. Get Outlook for Android ________________________________ From: CLBS on behalf of Shawn Miller Sent: Monday, April 15, 2019 2:01:49 PM To: Bankruptcy list Subject: [CLBS] Homeowners exemption Listmates, I have a chp 13 client with a motion to sell their house. Once the house is sold and their exemption is returned to them, can the case be converted to a chapter 7 and still protect their property exemption? Any help would be appreciated. -- Miller Law PLLC 6901 W. Emerald St. Ste 203 Boise, ID 83704 Phone: 208-901-1647 Fax:208-906-8667 Email: shawngmillerlaw at gmail.com *ATTENTION*: This email and any attachments are intended for the addressee only and may contain legally privileged or confidential information. If you are not the intended recipient of this email, disregard and delete it immediately. Any unauthorized use or dissemination is strictly prohibited. If you have received this message in error please contact the sender at the email address provided above. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From rfrench at rfrenchlaw.net Mon Apr 15 20:09:12 2019 From: rfrench at rfrenchlaw.net (Randal French) Date: Tue, 16 Apr 2019 02:09:12 +0000 Subject: [CLBS] Homeowners exemption In-Reply-To: References: , Message-ID: To follow up on that response, the chapter 7 trustee May try to hold the proceeds so that it can keep them and if the exemption expires after one year from receipt of the proceeds, the trustee will then use the proceeds to pay creditors having allowed unsecured claims. There are several decisions that address the use of homestead exemption proceeds from a sale that occurs after the chapter 7 is filed. You should look at those decisions. I don't recall specifically what cases those are, but you should be able to find them easily and your list mates will remember them much better than I do. Randy French Get Outlook for Android ________________________________ From: Randal French Sent: Monday, April 15, 2019 5:37:52 PM To: Bankruptcy list; Shawn Miller Subject: Re: [CLBS] Homeowners exemption I think you are better off to convert before the client sells, if you can. If you sell first, there is an argument that your clients must reinvest the sales proceeds in a new homestead within one year or the homestead exemption ends. Get Outlook for Android ________________________________ From: CLBS on behalf of Shawn Miller Sent: Monday, April 15, 2019 2:01:49 PM To: Bankruptcy list Subject: [CLBS] Homeowners exemption Listmates, I have a chp 13 client with a motion to sell their house. Once the house is sold and their exemption is returned to them, can the case be converted to a chapter 7 and still protect their property exemption? Any help would be appreciated. -- Miller Law PLLC 6901 W. Emerald St. Ste 203 Boise, ID 83704 Phone: 208-901-1647 Fax:208-906-8667 Email: shawngmillerlaw at gmail.com *ATTENTION*: This email and any attachments are intended for the addressee only and may contain legally privileged or confidential information. If you are not the intended recipient of this email, disregard and delete it immediately. Any unauthorized use or dissemination is strictly prohibited. If you have received this message in error please contact the sender at the email address provided above. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From paul at idbankruptcylaw.com Tue Apr 16 20:36:33 2019 From: paul at idbankruptcylaw.com (Paul Ross) Date: Tue, 16 Apr 2019 20:36:33 -0600 Subject: [CLBS] Utah Bifurcation Decision Message-ID: Thought you may be interested in a Utah decision regarding bifurcation. This is in contrast or a companion with our In re Grimmett decision from two years ago. Still seems there are some Castorena or Grimmett concerns involved which are prickly, here is another court generally supporting bifurcation. -- Idaho Bankruptcy Law T: (208) 219-7997 F: (208) 416-6996 This communication is intended for the party above. If this e-mail has been sent to you by mistake, please notify me immediately. This information is private and is confidential and unauthorized use can impose penalties and liabilities. A client-attorney relationship is not created without a signed agreement and should not be construed as legal advice without such an agreement. -------------- next part -------------- A non-text attachment was scrubbed... Name: Memo Decision on Mtn. for Summary Judgment.pdf Type: application/pdf Size: 453908 bytes Desc: not available URL: From PGeile at foleyfreeman.com Wed Apr 17 09:04:22 2019 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Wed, 17 Apr 2019 15:04:22 +0000 Subject: [CLBS] Great article on Taggart and analysis for stay violations. Message-ID: http://texasbar.informz.net/texasbar/data/images/Sections/2018-2019/Bankruptcy/43604-Bankruptcy%20Law%20Special%20Edition%20Newsletter%2019%20P5%20update%204_16.pdf#page=10 Patrick J. Geile Foley Freeman PLLC 953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563 Phone: (208) 888-9111 Fax: (208) 888-5130 From holly at bankruptcylawid.com Wed Apr 17 09:24:53 2019 From: holly at bankruptcylawid.com (holly at bankruptcylawid.com) Date: Wed, 17 Apr 2019 08:24:53 -0700 Subject: [CLBS] Settlement of adversary proceeding Message-ID: <20190417082453.3b804be37d8ac9c2e521ef928a5222c6.d0898d3098.mailapi@email18.secureserver.net> Does anyone have an example of a stipulation to settle an adversary proceeding objecting to discharge pursuant to section 523? Or can someone direct me to one of their adversary cases that settled so I can take a look at it? Thanks. Holly Sutherland Attorney and Counselor at Law 3090 E. Gentry Way, Ste. 150 Meridian, ID 83642 (208) 884-1928 holly at bankruptcylawid.com From lukegordon57 at gmail.com Wed Apr 17 09:56:15 2019 From: lukegordon57 at gmail.com (Luke Gordon) Date: Wed, 17 Apr 2019 09:56:15 -0600 Subject: [CLBS] Indigent Debt? Message-ID: I was wondering if anyone has any experience with settling indigent debt? We have a client who has over $100,000 in medical debt with very minimal income (just slightly about $1,000 a month). He owns his home which is why we are trying to avoid bankruptcy. Has anyone had success in negotiating down indigent debts? Any ideas of the best course of action? Thank you, Luke Gordon Attorney at Law Phone: (208) 938-8500 Fax: (208) 938-8503 Luke at martellelaw.com www.martellelaw.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. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matters addressed herein. From jmanwaring at evanskeane.com Wed Apr 17 10:36:48 2019 From: jmanwaring at evanskeane.com (Jed Manwaring) Date: Wed, 17 Apr 2019 16:36:48 +0000 Subject: [CLBS] Settlement of adversary proceeding In-Reply-To: <20190417082453.3b804be37d8ac9c2e521ef928a5222c6.d0898d3098.mailapi@email18.secureserver.net> References: <20190417082453.3b804be37d8ac9c2e521ef928a5222c6.d0898d3098.mailapi@email18.secureserver.net> Message-ID: Holly - attached is one where I represented the creditor in BK and insisted that the Debtor obtain approval of the Compromise. An order approving Compromise was obtained. Some brighter minds said it was unnecessary. But See Adv. P. No. 18-8007 where again I was behind the scene jointly representing the Creditor and the dismissal of the Adv. sailed through with only a Stipulation of Settlement but no Motion to Approve Compromise. Jed W. Manwaring 1161? West River St., Suite 100 P.O. Box 959 Boise, ID 83701 (208) 384-1800 Tel. (208) 345-3514 Fax. jmanwaring at evanskeane.com -----Original Message----- From: CLBS On Behalf Of holly at bankruptcylawid.com Sent: Wednesday, April 17, 2019 9:25 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Settlement of adversary proceeding Does anyone have an example of a stipulation to settle an adversary proceeding objecting to discharge pursuant to section 523? Or can someone direct me to one of their adversary cases that settled so I can take a look at it? Thanks. Holly Sutherland Attorney and Counselor at Law 3090 E. Gentry Way, Ste. 150 Meridian, ID 83642 (208) 884-1928 holly at bankruptcylawid.com _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------- next part -------------- A non-text attachment was scrubbed... Name: 111 - Motion to Approve Compromise.pdf Type: application/pdf Size: 4124419 bytes Desc: 111 - Motion to Approve Compromise.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 40 - Order of Dismissal.pdf Type: application/pdf Size: 122017 bytes Desc: 40 - Order of Dismissal.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 39 - Settlement Stipulation.pdf Type: application/pdf Size: 380203 bytes Desc: 39 - Settlement Stipulation.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 121 - Order Approving Compromise.pdf Type: application/pdf Size: 44392 bytes Desc: 121 - Order Approving Compromise.pdf URL: From paul at idbankruptcylaw.com Wed Apr 17 20:47:54 2019 From: paul at idbankruptcylaw.com (Paul Ross) Date: Wed, 17 Apr 2019 20:47:54 -0600 Subject: [CLBS] NACBA Cleveland Message-ID: Anyone headed to Cleveland for NACBA this year? Sounds like there might be some meetings by State and I am being asked who from Idaho is planning to attend. Paul -- Idaho Bankruptcy Law T: (208) 219-7997 F: (208) 416-6996 This communication is intended for the party above. If this e-mail has been sent to you by mistake, please notify me immediately. This information is private and is confidential and unauthorized use can impose penalties and liabilities. A client-attorney relationship is not created without a signed agreement and should not be construed as legal advice without such an agreement. From holly at roarklawboise.com Thu Apr 18 17:16:36 2019 From: holly at roarklawboise.com (Holly Roark) Date: Thu, 18 Apr 2019 17:16:36 -0600 Subject: [CLBS] CA homestead 704.730(a)(3)(C) Message-ID: <033701d4f63c$c56de010$5049a030$@roarklawboise.com> Is anyone familiar with CA homestead 704.730(a)(3)(C)? (Text below.) Normally we can get away with a debtor claiming $100,000 "family unit" homestead under 704.730(a)(2) if his parent lives with him, but I am wondering whether he can claim the $175,000 homestead under 704.730(a)(3)(C) based on his 62 year old mother living with him as a dependent, or if that part of the statute only applies to the actual debtor. I have not looked up the case law yet. If anyone has had experience with this, let me know. (3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than twenty-five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor's spouse, of not more than thirty-five thousand dollars ($35,000) and the sale is an involuntary sale. Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: holly at roarklawboise.com Website: www.roarklawboise.com You can easily see my real-time availability and schedule time with me at https://calendly.com/hollyr (Appointments are by phone only unless otherwise noted.) *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. From christopher at postfallslaw.com Mon Apr 22 18:21:18 2019 From: christopher at postfallslaw.com (Christopher Williams) Date: Mon, 22 Apr 2019 17:21:18 -0700 Subject: [CLBS] Annuity Exemptions Message-ID: What does distribution of the non-exempt portion of an annuity look like in a Chapter 7 bankruptcy? Idaho Code 41-1836 exempts the proceeds of an annuity up to $1,250 per month. Judge Pappas touched on this exemption in *In re: Baldwin*, Case No.12-40060 (Bankr. D. Idaho 2012), but I cannot find any case law on what the Chapter 7 Trustee can or will demand through the administration of the bankruptcy case if there is a lifetime annuity with a monthly payment that exceeds $1,250. The two scenarios that come to mind are 1) Trustee could keep the case open for the remainder of the Debtor's life and collect the amount above and beyond the $1,250 (this seems too absurd to be realistic), or 2) some sort of estimate of the remainder of Debtor's life would be calculated and payment would be made of the estimated non-exempt portion of the annuity prior to the case's closing (this appears to have a lot of uncertainty for the Debtor when deciding to file, and a lump sum payment like that would typically be outside of the realm of possibility for a Chapter 7 Debtor). Any personal experiences would be appreciated very much. -- Christopher Williams Attorney Post Falls Law (208) 262-3893 From PGeile at foleyfreeman.com Thu Apr 25 08:49:37 2019 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Thu, 25 Apr 2019 14:49:37 +0000 Subject: [CLBS] Case assignment Message-ID: If a case is filed with the principle assets in Fruitland, which judge will be assigned, or is it a 50/50 chance? Patrick J. Geile Foley Freeman PLLC 953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563 Phone: (208) 888-9111 Fax: (208) 888-5130 From holly at roarklawboise.com Mon Apr 29 16:56:37 2019 From: holly at roarklawboise.com (Holly Roark) Date: Mon, 29 Apr 2019 16:56:37 -0600 Subject: [CLBS] Means test number changing again May 1? Message-ID: Does anyone have a short summary of what is changing? They just went up April 1 as well. Best regards, Holly Roark Attorney at Law Roark Law Offices Phone: (310) 553-2600 Fax: (310) 553-2601 Cell phone: (818) 648-3238 E-mail: holly at roarklawoffices.com *Cycle Sport Lawyer: www.cyclesportlawyer.com *Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization www.bankruptcyattorneyinlosangeles.net Sent from my iPhone From holly at roarklawboise.com Mon Apr 29 17:19:23 2019 From: holly at roarklawboise.com (Holly Roark) Date: Mon, 29 Apr 2019 17:19:23 -0600 Subject: [CLBS] Fwd: Means test number changing again May 1? References: Message-ID: > Does anyone have a short summary of what is changing? They just went up April 1 as well. > > Best regards, > > Holly Roark > Attorney at Law > > Roark Law Offices > Phone: (310) 553-2600 > Fax: (310) 553-2601 > Cell phone: (818) 648-3238 > E-mail: holly at roarklawoffices.com > > *Cycle Sport Lawyer: www.cyclesportlawyer.com > > *Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization > www.bankruptcyattorneyinlosangeles.net > > Sent from my iPhone From holly at roarklawboise.com Mon Apr 29 17:35:58 2019 From: holly at roarklawboise.com (Holly Roark) Date: Mon, 29 Apr 2019 17:35:58 -0600 Subject: [CLBS] Fwd: Means test number changing again May 1? In-Reply-To: References: Message-ID: <0a5101d4fee4$4e68b2f0$eb3a18d0$@roarklawboise.com> I just did some comparisons for a 4 person family. It looks like the total expenses allowed will increase by $127. Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone:? (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax:?(310) 553-2601 E-mail:? holly at roarklawboise.com Website: www.roarklawboise.com You can easily see my real-time availability and schedule time with me at https://calendly.com/hollyr (Appointments are by phone only unless otherwise noted.) *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. -----Original Message----- From: CLBS On Behalf Of Holly Roark Sent: Monday, April 29, 2019 5:19 PM To: clbs at admws.idaho.gov Subject: [CLBS] Fwd: Means test number changing again May 1? > Does anyone have a short summary of what is changing? They just went up April 1 as well. > > Best regards, > > Holly Roark > Attorney at Law > > Roark Law Offices > Phone: (310) 553-2600 > Fax: (310) 553-2601 > Cell phone: (818) 648-3238 > E-mail: holly at roarklawoffices.com > > *Cycle Sport Lawyer: www.cyclesportlawyer.com > > *Bankruptcy Specialist, certified by State Bar of California Board of > Legal Specialization www.bankruptcyattorneyinlosangeles.net > > Sent from my iPhone _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs