From holly at roarklawboise.com  Fri Feb  1 03:20:13 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Fri, 1 Feb 2019 03:20:13 -0700
Subject: [CLBS] Power of attorney and bankruptcy
Message-ID: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>

Can the potential debtor's son file a Chapter 7 on his behalf if the son has
a POA and the debtor is elderly and living in a care facility? Does the son
with the POA testify at the 341? How does this work? Thanks. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at
<https://calendly.com/hollyr> 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 mtc at angstman.com  Fri Feb  1 08:32:59 2019
From: mtc at angstman.com (Matthew Christensen)
Date: Fri, 1 Feb 2019 15:32:59 +0000
Subject: [CLBS] Power of attorney and bankruptcy
In-Reply-To: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>
References: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>
Message-ID: <MWHPR16MB004517502F7612A98B1496D6C2920@MWHPR16MB0045.namprd16.prod.outlook.com>

Holly,

There's a local rule that deals with this a bit.  LBR 1002.1(d) deals with signing the petition, etc.  The wrinkle, though, is the appearance at the 341 meeting.  The Code still requires the debtor to appear at that meeting.  

I think this is also something that is being addressed at the BK conference next week, in some form (the "Greying of Bankruptcy" session, maybe)?

MTC


Matthew T. Christensen 

PLEASE NOTE MY NEW ADDRESS BELOW:

199 N. Capitol Blvd., Ste 200 
Boise, Idaho ?83702
 (208) 384-8588 
mtc at angstman.com 
? 
NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510 and 2521 and may be legally privileged.? This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret.? If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited.? If you have received this communication in error, please notify Angstman Johnson immediately by telephone (208-384-8588) and destroy the original message.? Messages sent to and from us may be monitored.? If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Friday, February 1, 2019 3:20 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Power of attorney and bankruptcy

Can the potential debtor's son file a Chapter 7 on his behalf if the son has a POA and the debtor is elderly and living in a care facility? Does the son with the POA testify at the 341? How does this work? Thanks. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at <https://calendly.com/hollyr> 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


From lburri at morrowfischer.com  Fri Feb  1 10:04:11 2019
From: lburri at morrowfischer.com (Laura Burri)
Date: Fri, 1 Feb 2019 17:04:11 +0000
Subject: [CLBS] Power of attorney and bankruptcy
In-Reply-To: <MWHPR16MB004517502F7612A98B1496D6C2920@MWHPR16MB0045.namprd16.prod.outlook.com>
References: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>
 <MWHPR16MB004517502F7612A98B1496D6C2920@MWHPR16MB0045.namprd16.prod.outlook.com>
Message-ID: <MWHPR1201MB247786A02EC6F42038DF1A0FDD920@MWHPR1201MB2477.namprd12.prod.outlook.com>

If the son is appointed conservator for the parent, he can sign the documents and appear at the meeting of creditors as the legal representative. I have done that a couple of times. I don't know if any other way to handle this situation. 


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Matthew Christensen
Sent: Friday, February 01, 2019 8:33 AM
To: holly at roarklawboise.com; clbs at admws.idaho.gov
Subject: Re: [CLBS] Power of attorney and bankruptcy

Holly,

There's a local rule that deals with this a bit.  LBR 1002.1(d) deals with signing the petition, etc.  The wrinkle, though, is the appearance at the 341 meeting.  The Code still requires the debtor to appear at that meeting.  

I think this is also something that is being addressed at the BK conference next week, in some form (the "Greying of Bankruptcy" session, maybe)?

MTC


Matthew T. Christensen 

PLEASE NOTE MY NEW ADDRESS BELOW:

199 N. Capitol Blvd., Ste 200 
Boise, Idaho ?83702
 (208) 384-8588 
mtc at angstman.com 
? 
NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510 and 2521 and may be legally privileged.? This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret.? If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited.? If you have received this communication in error, please notify Angstman Johnson immediately by telephone (208-384-8588) and destroy the original message.? Messages sent to and from us may be monitored.? If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Friday, February 1, 2019 3:20 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Power of attorney and bankruptcy

Can the potential debtor's son file a Chapter 7 on his behalf if the son has a POA and the debtor is elderly and living in a care facility? Does the son with the POA testify at the 341? How does this work? Thanks. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at <https://calendly.com/hollyr> 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

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

From dbc at dbclarklaw.com  Fri Feb  1 10:07:36 2019
From: dbc at dbclarklaw.com (D. Blair Clark)
Date: Fri, 1 Feb 2019 10:07:36 -0700
Subject: [CLBS] Power of attorney and bankruptcy
In-Reply-To: <MWHPR1201MB247786A02EC6F42038DF1A0FDD920@MWHPR1201MB2477.namprd12.prod.outlook.com>
References: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>
 <MWHPR16MB004517502F7612A98B1496D6C2920@MWHPR16MB0045.namprd16.prod.outlook.com>
 <MWHPR1201MB247786A02EC6F42038DF1A0FDD920@MWHPR1201MB2477.namprd12.prod.outlook.com>
Message-ID: <0a5801d4ba50$a1aa9c90$e4ffd5b0$@com>

Agreed.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri
Sent: Friday, February 1, 2019 10:04 AM
To: Matthew Christensen; holly at roarklawboise.com; clbs at admws.idaho.gov
Subject: Re: [CLBS] Power of attorney and bankruptcy

If the son is appointed conservator for the parent, he can sign the
documents and appear at the meeting of creditors as the legal
representative. I have done that a couple of times. I don't know if any
other way to handle this situation. 


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Matthew Christensen
Sent: Friday, February 01, 2019 8:33 AM
To: holly at roarklawboise.com; clbs at admws.idaho.gov
Subject: Re: [CLBS] Power of attorney and bankruptcy

Holly,

There's a local rule that deals with this a bit.  LBR 1002.1(d) deals with
signing the petition, etc.  The wrinkle, though, is the appearance at the
341 meeting.  The Code still requires the debtor to appear at that meeting.


I think this is also something that is being addressed at the BK conference
next week, in some form (the "Greying of Bankruptcy" session, maybe)?

MTC


Matthew T. Christensen 

PLEASE NOTE MY NEW ADDRESS BELOW:

199 N. Capitol Blvd., Ste 200 
Boise, Idaho ?83702
 (208) 384-8588 
mtc at angstman.com 
? 
NOTICE: This electronic transmission (and/or the documents accompanying it)
may contain confidential information belonging to the sender that is
protected by the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510
and 2521 and may be legally privileged.? This message (and any associated
files) is intended only for the use of the individual or entity to which it
is addressed and may contain information that is confidential, subject to
copyright or constitutes a trade secret.? If you are not the intended
recipient you are hereby notified that any dissemination, copying or
distribution of this message, or files associated with this message, is
strictly prohibited.? If you have received this communication in error,
please notify Angstman Johnson immediately by telephone (208-384-8588) and
destroy the original message.? Messages sent to and from us may be
monitored.? If you are the intended recipient, you acknowledge that the
email address being utilized is secure and that there will not be a waiver
of the attorney-client privilege or breach of any duty of confidentiality by
the sender's correspondence to that email address.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Friday, February 1, 2019 3:20 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Power of attorney and bankruptcy

Can the potential debtor's son file a Chapter 7 on his behalf if the son has
a POA and the debtor is elderly and living in a care facility? Does the son
with the POA testify at the 341? How does this work? Thanks. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at
<https://calendly.com/hollyr> 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

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs


From paul at idbankruptcylaw.com  Fri Feb  1 10:21:56 2019
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Fri, 1 Feb 2019 10:21:56 -0700
Subject: [CLBS] Power of attorney and bankruptcy
In-Reply-To: <0a5801d4ba50$a1aa9c90$e4ffd5b0$@com>
References: <074c01d4ba17$b8dc81a0$2a9584e0$@roarklawboise.com>
 <MWHPR16MB004517502F7612A98B1496D6C2920@MWHPR16MB0045.namprd16.prod.outlook.com>
 <MWHPR1201MB247786A02EC6F42038DF1A0FDD920@MWHPR1201MB2477.namprd12.prod.outlook.com>
 <0a5801d4ba50$a1aa9c90$e4ffd5b0$@com>
Message-ID: <CAByLFi4T7Sg19tRM+kH1Pk1t1o3wvEhxiL4qtDXXf+KJ=Lvh2Q@mail.gmail.com>

Don't forget to sign up for the Seminar in Burley next week!

There are various options.

Guardian/Conservator appointed prior to the bankruptcy under state law.  If
one has already been appointed, I like an order to verify the ability for
bankruptcy from the state court.  If the person is going to struggle in a
bankruptcy, their situation is such you might need a G/C for other issues
as well.  I prefer this route over doing it in the BK.

GAL appointed in the bankruptcy.  Looking at my notes, I watched a hearing
in 16-40164 where Avery Law sought a GAL after the filing of the
bankruptcy.  I remember a hearing where Youngblood did the same thing but I
don't have a case number.  Pappas seemed content with representations in
the pleadings to provide the order.  I suppose that would be different if
contested.

Next Friend appears to be a lower standard, although I have never sought
that route.

Matt pointed out the local rule that you also need to consider.

My recollection is the person still comes to the 341, but the other person
answers.  This is something you might want to review with your Trustee or
US Trustee ahead of time to see what is their preference.  State appointed
before the filing seems iron clad to me.  Just make sure your G/C knows the
information.

Paul

On Fri, Feb 1, 2019 at 10:07 AM D. Blair Clark <dbc at dbclarklaw.com> wrote:

> Agreed.
>
> D. Blair Clark
> LAW OFFICES OF D. BLAIR CLARK PC
> 1509 Tyrell Lane, Suite 180
> Boise, ID 83706
> Phone:  208-475-2050
> Fax:  208-475-2055
>
>
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri
> Sent: Friday, February 1, 2019 10:04 AM
> To: Matthew Christensen; holly at roarklawboise.com; clbs at admws.idaho.gov
> Subject: Re: [CLBS] Power of attorney and bankruptcy
>
> If the son is appointed conservator for the parent, he can sign the
> documents and appear at the meeting of creditors as the legal
> representative. I have done that a couple of times. I don't know if any
> other way to handle this situation.
>
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Matthew Christensen
> Sent: Friday, February 01, 2019 8:33 AM
> To: holly at roarklawboise.com; clbs at admws.idaho.gov
> Subject: Re: [CLBS] Power of attorney and bankruptcy
>
> Holly,
>
> There's a local rule that deals with this a bit.  LBR 1002.1(d) deals with
> signing the petition, etc.  The wrinkle, though, is the appearance at the
> 341 meeting.  The Code still requires the debtor to appear at that meeting.
>
>
> I think this is also something that is being addressed at the BK conference
> next week, in some form (the "Greying of Bankruptcy" session, maybe)?
>
> MTC
>
>
> Matthew T. Christensen
>
> PLEASE NOTE MY NEW ADDRESS BELOW:
>
> 199 N. Capitol Blvd., Ste 200
> Boise, Idaho  83702
>  (208) 384-8588
> mtc at angstman.com
>
> NOTICE: This electronic transmission (and/or the documents accompanying it)
> may contain confidential information belonging to the sender that is
> protected by the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510
> and 2521 and may be legally privileged.  This message (and any associated
> files) is intended only for the use of the individual or entity to which it
> is addressed and may contain information that is confidential, subject to
> copyright or constitutes a trade secret.  If you are not the intended
> recipient you are hereby notified that any dissemination, copying or
> distribution of this message, or files associated with this message, is
> strictly prohibited.  If you have received this communication in error,
> please notify Angstman Johnson immediately by telephone (208-384-8588) and
> destroy the original message.  Messages sent to and from us may be
> monitored.  If you are the intended recipient, you acknowledge that the
> email address being utilized is secure and that there will not be a waiver
> of the attorney-client privilege or breach of any duty of confidentiality
> by
> the sender's correspondence to that email address.
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
> Sent: Friday, February 1, 2019 3:20 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Power of attorney and bankruptcy
>
> Can the potential debtor's son file a Chapter 7 on his behalf if the son
> has
> a POA and the debtor is elderly and living in a care facility? Does the son
> with the POA testify at the 341? How does this work? Thanks.
>
>
>
> 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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com
> Website:
> <http://www.roarklawboise.com/> www.roarklawboise.com
>
> You can easily see my real-time availability and schedule time with me at
> <https://calendly.com/hollyr> 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
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 
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 paul at idbankruptcylaw.com  Mon Feb  4 13:59:42 2019
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Mon, 4 Feb 2019 13:59:42 -0700
Subject: [CLBS] 5th Amendment Privilege
Message-ID: <CAByLFi4sWZwSz25mmj-i14vaAwoxU-8pb_HV7Kcp3R5zSz2A-g@mail.gmail.com>

Dear Section,

At the Seminar this week there is a presentation on the 5th Amendment, the
Privilege against Self-Incrimination in Bankruptcy and the Plight of the
Debtor.  We have not heard back from Seton Hall with permission to publish
or copy the law review article for the materials.

However, I would like you to be aware that the Law Review Article appears
to be publicly available at the following link:
https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1490&context=shlr

If you should wish to review some of the issues regarding the 5th Amendment.

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 dbc at dbclarklaw.com  Tue Feb  5 19:03:31 2019
From: dbc at dbclarklaw.com (D. Blair Clark)
Date: Tue, 5 Feb 2019 19:03:31 -0700
Subject: [CLBS] 37th Annual Bankruptcy Seminar - February 7-9, 2019
In-Reply-To: <BYAPR19MB22964262F9E29DF84C082E7AA8890@BYAPR19MB2296.namprd19.prod.outlook.com>
References: <C4D658855F28914B914A2B4FE83234946DA5B91C@IDSBAMAIL01.idbsa.corp>
 <MWHPR1301MB2093ABE3B12C975366FF2364AF890@MWHPR1301MB2093.namprd13.prod.outlook.com>
 <BYAPR19MB22964262F9E29DF84C082E7AA8890@BYAPR19MB2296.namprd19.prod.outlook.com>
Message-ID: <103101d4bdc0$2935cff0$7ba16fd0$@com>

Did you confirm the bar tab????

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick Geile
Sent: Monday, January 7, 2019 4:33 PM
To: James Macdonald; 'Bankruptcy list'
Subject: Re: [CLBS] 37th Annual Bankruptcy Seminar - February 7-9, 2019

It is going to be great.  The value of the seminars is seeing each other,
especially those we only get to see once a year at the seminar.  I look
forward to learning a few great things about Burley and surrounding areas.

I understand Noah Hillen will have a tab open at the bar for all us poor
debtor counsel.  I'm sure Gary, Kathleen, Ford, DPG, Barry and Sam will soon
follow suit.

Looking forward to seeing everyone I am already signed up!!!!!

Patrick J. Geile
Foley Freeman?PLLC
(208) 947-1563

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
Sent: Monday, January 7, 2019 2:52 PM
To: 'Bankruptcy list' <clbs at admws.idaho.gov>
Subject: [CLBS] FW: 37th Annual Bankruptcy Seminar - February 7-9, 2019

Why did the Section decide to have the annual Seminar in Burley?  It is a
difficult place to get to, and no reason to ever want get there in the first
place.

I won't be going to the Seminar this year because of its location.  I have
talked to other section members, and they have expressed the same sentiment.

In the future can all seminars be held in Boise, CDA, Sun Valley or McCall?
If we are to take off work and spend money to go to the Seminar it would be
nice for it at least to be in an enjoyable place, with amenities and things
to do.

Regards,

James S. Macdonald

MACDONALD LAW, PC
PO Box 1545
Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID  83864
208.263.6546   PLEASE NOTE NEW PHONE NUMBER
208.263.0759 (Fax)

The information in this email message may be privileged, confidential and
protected from disclosure.  If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited.  If you think
you received this email message in error, please reply to
james at macdonaldlawoffices.com or call (208) 263-6546.

From: Idaho State Bar <idahostatebar at isb.idaho.gov>
Sent: Monday, January 7, 2019 9:15 AM
To: Idaho State Bar <idahostatebar at isb.idaho.gov>
Subject: 37th Annual Bankruptcy Seminar - February 7-9, 2019

37TH ANNUAL BANKRUPTCY SEMINAR - February 7-9, 2019

February 7-9, 2019
Best Western Plus Burley Inn & Convention Center
800 N. Overland Avenue - Burley, ID
14.0 CLE credits of which 1.0 is Ethics

Join the Commercial Law & Bankruptcy Section for the 37th Annual Bankruptcy
Seminar in Burley, Idaho! Topics will include: Ethics in Disclosures and
Bifurcation; Bankruptcy and the 5th Amendment; The Graying of Consumer
Bankruptcy; Means Test Conundrums; Interaction of Family Law and Bankruptcy;
Banks vs. Credit Unions: Cross-Collateralization; Judges Panel; and many
more!

To view the full seminar brochure, including the full agenda, select: 37th
Annual Bankruptcy Seminar
Brochure<https://isb.idaho.gov/wp-content/uploads/2019-Bankruptcy-Seminar-Fu
ll-Brochure_fillable.pdf>.

To register to participate in this program, click
HERE<https://isb.idaho.gov/wp-content/uploads/BNK-2019-02-37th-Annual-Bankru
ptcy-Seminar_fillable.pdf>.

Negotiated lodging rate of $93 per night. Call (208) 678-3501 and mention
"Idaho State Bar."

**This message has been sent to members of the Idaho State Bar on behalf of
the Commercial Law & Bankruptcy Section. The Idaho State Bar sends email
messages to its members on issues and events directly related to the Idaho
State Bar and the Idaho Law Foundation only.**
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs


From rmaynes at maynestaggart.com  Thu Feb  7 09:36:58 2019
From: rmaynes at maynestaggart.com (Robert Maynes)
Date: Thu, 7 Feb 2019 09:36:58 -0700
Subject: [CLBS] Additional seminar materials for this afternoon
Message-ID: <A0096671-D46E-4551-B311-7FF6E1CDAD6F@maynestaggart.com>








From rmaynes at maynestaggart.com  Thu Feb  7 09:56:24 2019
From: rmaynes at maynestaggart.com (Robert Maynes)
Date: Thu, 7 Feb 2019 09:56:24 -0700
Subject: [CLBS] Additional seminar materials for this afternoon
In-Reply-To: <A0096671-D46E-4551-B311-7FF6E1CDAD6F@maynestaggart.com>
References: <A0096671-D46E-4551-B311-7FF6E1CDAD6F@maynestaggart.com>
Message-ID: <D786BC83-1F86-43D7-B6BA-080392774823@maynestaggart.com>

Here?s a link <https://www.dropbox.com/s/w7uf1jvllrs0fto/2019.02.05%20Musings%20on%20Discovery%20Outline%20and%20Reference%20Materials%20SEMINAR.pdf?dl=0>.

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.






> On Feb 7, 2019, at 9:36 AM, Robert Maynes <rmaynes at maynestaggart.com> wrote:
> 
> 
> 
> 
> 
> 
> 
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs


From rmaynes at maynestaggart.com  Thu Feb  7 10:22:30 2019
From: rmaynes at maynestaggart.com (Robert Maynes)
Date: Thu, 7 Feb 2019 10:22:30 -0700
Subject: [CLBS] Additional seminar materials for this afternoon
In-Reply-To: <A0096671-D46E-4551-B311-7FF6E1CDAD6F@maynestaggart.com>
References: <A0096671-D46E-4551-B311-7FF6E1CDAD6F@maynestaggart.com>
Message-ID: <0E055675-0D5A-4D8A-B948-107E6747888C@maynestaggart.com>

Cut and past this address into your browser in order to download the materials:
https://www.dropbox.com/s/w7uf1jvllrs0fto/2019.02.05%20Musings%20on%20Discovery%20Outline%20and%20Reference%20Materials%20SEMINAR.pdf?dl=0 <https://www.dropbox.com/s/w7uf1jvllrs0fto/2019.02.05%20Musings%20on%20Discovery%20Outline%20and%20Reference%20Materials%20SEMINAR.pdf?dl=0>

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.






> On Feb 7, 2019, at 9:36 AM, Robert Maynes <rmaynes at maynestaggart.com> wrote:
> 
> 
> 
> 
> 
> 
> 
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs


From RFaucher at hollandhart.com  Sun Feb 10 11:22:00 2019
From: RFaucher at hollandhart.com (Robert Faucher)
Date: Sun, 10 Feb 2019 18:22:00 +0000
Subject: [CLBS] Seminar Materials
Message-ID: <7e7654ef3f424146a0a8e2e571da9c66@VHHEXMB02.hollandhart.com>

Colleagues,

Here are my written materials, "Opportunities for Creditors to Recover Postpetition Attorney's Fees in Bankruptcy."  They were not included in the book passed out at the seminar.

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]<http://www.hollandhart.com/>

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.

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From reynardtrustee at gmail.com  Sun Feb 10 15:50:05 2019
From: reynardtrustee at gmail.com (Janine)
Date: Sun, 10 Feb 2019 15:50:05 -0700
Subject: [CLBS] Seminar Materials
In-Reply-To: <7e7654ef3f424146a0a8e2e571da9c66@VHHEXMB02.hollandhart.com>
References: <7e7654ef3f424146a0a8e2e571da9c66@VHHEXMB02.hollandhart.com>
Message-ID: <716E44E7-55FA-42F0-BD20-5DC32807BFBE@gmail.com>

Thanks Bob!

Sent from my iPhone

> On Feb 10, 2019, at 11:22 AM, Robert Faucher <RFaucher at hollandhart.com> wrote:
> 
> Colleagues,
> 
> Here are my written materials, "Opportunities for Creditors to Recover Postpetition Attorney's Fees in Bankruptcy."  They were not included in the book passed out at the seminar.
> 
> 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]<http://www.hollandhart.com/>
> 
> 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.
> 
> <Opportunities for Creditors to Recover Attorney's Fees.pdf>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs

From tyler at twinfallsattorneys.com  Mon Feb 11 09:15:40 2019
From: tyler at twinfallsattorneys.com (Tyler McGee)
Date: Mon, 11 Feb 2019 16:15:40 +0000
Subject: [CLBS] Seminar Materials - Divorce and Bankruptcy
Message-ID: <BY2PR11MB0728BC3BC4A517717117E199CE640@BY2PR11MB0728.namprd11.prod.outlook.com>

Listmates -

I referred to a case during the presentation on bankruptcy and divorce. I've attached it so take a look. Although it is a Utah/10th circuit case, the application and lesson are important for us. As you read this case you will agree that the divorce attorney should have counseled with a bankruptcy attorney (and probably a tax attorney) in order to avoid the disaster that was described.

Tyler J. McGee
ROY, NIELSON, PLATTS, McGEE & SCHOETTGER
P.O. Box 487
Twin Falls, Idaho 83303-0487
Phone: (208) 734-4450
Fax:  (208) 734-4452

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From PGeile at foleyfreeman.com  Mon Feb 11 10:05:15 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Mon, 11 Feb 2019 17:05:15 +0000
Subject: [CLBS] call from advocate articles
Message-ID: <BYAPR19MB22969E46A3A9D4AECC7B361DA8640@BYAPR19MB2296.namprd19.prod.outlook.com>

Have you ever wanted to be a published author?  The fame, riches, and badassery quickly follow.  Articles are due in late August 2019.

Judge Pappas, has claimed all three already but has agreed to contribute an article this year nonetheless.

I am looking for a few good authors for the following subjects


  1.  A history of our section
  2.  UCC basics
  3.  5th amendment and the bankruptcy code (Brett this is an easy one for you)
  4.  Trustee preference powers, a primer
  5.  Any other articles you have on hand that can easily be republished.

Otherwise it will just be a photo journal of embarrassing seminar photos.

Thanks in advance.

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 PGeile at foleyfreeman.com  Mon Feb 11 10:19:08 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Mon, 11 Feb 2019 17:19:08 +0000
Subject: [CLBS] Drop it like its hot
Message-ID: <BYAPR19MB22969F6088D2A9473CC1CDF3A8640@BYAPR19MB2296.namprd19.prod.outlook.com>

I've decided "Drop it like it's Hot"  will be the theme for our Advocate Issue.

Attached are the guidelines for the articles, as well as a typical agenda and minutes of our section meetings.





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

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From attorney at martellelaw.com  Tue Feb 12 10:38:38 2019
From: attorney at martellelaw.com (Martin Martelle)
Date: Tue, 12 Feb 2019 17:38:38 +0000
Subject: [CLBS] Bk for an illegal
Message-ID: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>

We have a client who has a wife who is an illegal in the US.  They needs to file BK.  What are the implications of them filing together?  She has no SS #.  They filed joint tax returns and owe a huge amount.  The taxes are dischargable in Bk, but we are fearful of filing for her.

Any insight would be greatly appreciated.

Marty Martelle

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Monday, February 11, 2019 10:19 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Drop it like its hot

I've decided "Drop it like it's Hot"  will be the theme for our Advocate Issue.

Attached are the guidelines for the articles, as well as a typical agenda and minutes of our section meetings.





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 MBennett at foleyfreeman.com  Tue Feb 12 10:42:56 2019
From: MBennett at foleyfreeman.com (Matthew Bennett)
Date: Tue, 12 Feb 2019 17:42:56 +0000
Subject: [CLBS] Bk for an illegal
In-Reply-To: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>
References: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>
Message-ID: <MWHPR19MB14548FF3284FA320582CEB9CB5650@MWHPR19MB1454.namprd19.prod.outlook.com>

You can file with an ITIN number.  There is no guarantee that information contained in the bankruptcy will not get passed along to law enforcement, but I have never had a problem with it.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Martin Martelle
Sent: Tuesday, February 12, 2019 10:39 AM
To: Patrick Geile <PGeile at foleyfreeman.com>; clbs at admws.idaho.gov
Subject: [CLBS] Bk for an illegal

We have a client who has a wife who is an illegal in the US.  They needs to file BK.  What are the implications of them filing together?  She has no SS #.  They filed joint tax returns and owe a huge amount.  The taxes are dischargable in Bk, but we are fearful of filing for her.

Any insight would be greatly appreciated.

Marty Martelle

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Monday, February 11, 2019 10:19 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Drop it like its hot

I've decided "Drop it like it's Hot"  will be the theme for our Advocate Issue.

Attached are the guidelines for the articles, as well as a typical agenda and minutes of our section meetings.





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

From rfrench at rfrenchlaw.net  Tue Feb 12 10:47:33 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Tue, 12 Feb 2019 17:47:33 +0000
Subject: [CLBS] Bk for an illegal
In-Reply-To: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>
References: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>
Message-ID: <DM5PR2201MB13401FA58AC030E6B643085AD1650@DM5PR2201MB1340.namprd22.prod.outlook.com>

Consider not filing for her, just for husband.  All community assets will be listed and the discharge will protect all community assets acquired after the bk.  For her, the risk is that they get divorced and then the IRS would be able to try to collect from her assets after the divorce.  So, they should not get divorced.  Statute of limitations for collecting on an tax claim is 10 years, so she just needs to remain married to Husband for at least ten years from the date of assessment of that tax.  

Good luck.

Thanks.
Randy French

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

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 Martin Martelle
Sent: Tuesday, February 12, 2019 10:39 AM
To: Patrick Geile; clbs at admws.idaho.gov
Subject: [CLBS] Bk for an illegal

We have a client who has a wife who is an illegal in the US.  They needs to file BK.  What are the implications of them filing together?  She has no SS #.  They filed joint tax returns and owe a huge amount.  The taxes are dischargable in Bk, but we are fearful of filing for her.

Any insight would be greatly appreciated.

Marty Martelle

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Monday, February 11, 2019 10:19 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Drop it like its hot

I've decided "Drop it like it's Hot"  will be the theme for our Advocate Issue.

Attached are the guidelines for the articles, as well as a typical agenda and minutes of our section meetings.





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

From paul at idbankruptcylaw.com  Tue Feb 12 10:50:57 2019
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 12 Feb 2019 10:50:57 -0700
Subject: [CLBS] Bk for an illegal
In-Reply-To: <DM5PR2201MB13401FA58AC030E6B643085AD1650@DM5PR2201MB1340.namprd22.prod.outlook.com>
References: <BYAPR05MB5591F058525159A1D9717081CB650@BYAPR05MB5591.namprd05.prod.outlook.com>
 <DM5PR2201MB13401FA58AC030E6B643085AD1650@DM5PR2201MB1340.namprd22.prod.outlook.com>
Message-ID: <CAByLFi4uaFgbJ5__o-tp38ahFgtTpZ4VDk_EoOB30uyv9vXdcw@mail.gmail.com>

We file with an ITIN fairly regularly.  Just make sure the person has a
government issued ID and documentation for the ITIN.

If there was the prior use of another SSN, then you have risks.  May try
Randy's approach of only filing for the spouse, or give plenty of warnings
regarding potential criminal issues.  Never file under an illegal tax
number/SSN.

Paul

On Tue, Feb 12, 2019 at 10:47 AM Randal French <rfrench at rfrenchlaw.net>
wrote:

> Consider not filing for her, just for husband.  All community assets will
> be listed and the discharge will protect all community assets acquired
> after the bk.  For her, the risk is that they get divorced and then the IRS
> would be able to try to collect from her assets after the divorce.  So,
> they should not get divorced.  Statute of limitations for collecting on an
> tax claim is 10 years, so she just needs to remain married to Husband for
> at least ten years from the date of assessment of that tax.
>
> Good luck.
>
> Thanks.
> Randy French
>
> Law Office of Randal J. French, P.C.
> Attorneys at Law
> P.O. Box 836
> Boise, ID 83701
> (208) 859-6881
>
> 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 Martin
> Martelle
> Sent: Tuesday, February 12, 2019 10:39 AM
> To: Patrick Geile; clbs at admws.idaho.gov
> Subject: [CLBS] Bk for an illegal
>
> We have a client who has a wife who is an illegal in the US.  They needs
> to file BK.  What are the implications of them filing together?  She has no
> SS #.  They filed joint tax returns and owe a huge amount.  The taxes are
> dischargable in Bk, but we are fearful of filing for her.
>
> Any insight would be greatly appreciated.
>
> Marty Martelle
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
> Sent: Monday, February 11, 2019 10:19 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Drop it like its hot
>
> I've decided "Drop it like it's Hot"  will be the theme for our Advocate
> Issue.
>
> Attached are the guidelines for the articles, as well as a typical agenda
> and minutes of our section meetings.
>
>
>
>
>
> 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
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 
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 paul at idbankruptcylaw.com  Tue Feb 12 14:18:22 2019
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 12 Feb 2019 14:18:22 -0700
Subject: [CLBS] Graying of Bankruptcy Slides
In-Reply-To: <DM6PR04MB54674F63E76326C488DD68CDD0650@DM6PR04MB5467.namprd04.prod.outlook.com>
References: <DM6PR04MB5467304F960142DF29647FEFD0650@DM6PR04MB5467.namprd04.prod.outlook.com>
 <CAByLFi4PDZzqokKvpKHLyRT27+=7=3urBb20K=7x33Fai9mu-A@mail.gmail.com>
 <DM6PR04MB54674F63E76326C488DD68CDD0650@DM6PR04MB5467.namprd04.prod.outlook.com>
Message-ID: <CAByLFi455HkY2Z0te7R7s44xW95dFitFixtAbpNSO0AM6+UA8g@mail.gmail.com>

A number of you asked for Ms. Thorne's slides from her presentation.
Please find them attached for your viewing pleasure.

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.
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From holly at roarklawboise.com  Wed Feb 13 17:58:05 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 13 Feb 2019 17:58:05 -0700
Subject: [CLBS] Do I need to file an employment app to reopen a ch 11 to
	request a discharge?
Message-ID: <A0F722F0-ECA2-4261-B7AA-E7C6E91C08FC@roarklawboise.com>

I?m subbing in for Randy French to reopen an individual ch 11 to file final report and request discharge. Do I need to file an employment app in this case? 

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 dbc at dbclarklaw.com  Wed Feb 13 18:42:48 2019
From: dbc at dbclarklaw.com (D. Blair Clark)
Date: Wed, 13 Feb 2019 18:42:48 -0700
Subject: [CLBS] Do I need to file an employment app to reopen a ch 11
	to	request a discharge?
In-Reply-To: <A0F722F0-ECA2-4261-B7AA-E7C6E91C08FC@roarklawboise.com>
References: <A0F722F0-ECA2-4261-B7AA-E7C6E91C08FC@roarklawboise.com>
Message-ID: <04a801d4c406$97586eb0$c6094c10$@com>

Technically yes.  I assume you'll be asking for fees to get the final report and discharge approved.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055


-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Holly Roark
Sent: Wednesday, February 13, 2019 5:58 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Do I need to file an employment app to reopen a ch 11 to request a discharge?

I?m subbing in for Randy French to reopen an individual ch 11 to file final report and request discharge. Do I need to file an employment app in this case? 

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


From Amber.Kauffman at tax.idaho.gov  Thu Feb 14 16:13:31 2019
From: Amber.Kauffman at tax.idaho.gov (Amber Kauffman)
Date: Thu, 14 Feb 2019 23:13:31 +0000
Subject: [CLBS] Question on Effect of Conversion
In-Reply-To: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>
References: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>
Message-ID: <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>

A debt that arises after the date of petition but before the date of conversion from 13 to 7 is treated as if it were prepetition and could be discharged by the chapter 7 if otherwise dischargeable.  However, since the date of filing and commencement of the case otherwise does not change upon conversion, does that means a creditor with a post-petition, pre-conversion, debt is not stayed from collecting that debt by the automatic stay?

The reason I am asking is in regards to this section of 507(a)(8)(A):
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of-
                ***
(II)  any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days;

I'm dealing with a case that was in Chapter 7 for 13 years, followed immediately by another Chapter 7, and am trying to determine if the post-petition pre-conversion tax debt was discharged by the second Chapter 7.

Thanks in advance!

Amber

Amber Kauffman
Deputy Attorney General
Idaho Office of the Attorney General
Contracts and Administrative Law Division * Idaho State Tax Commission
Phone: (208) 334-7542  * Fax: (208) 334-7844
amber.kauffman at tax.idaho.gov<mailto:amber.kauffman at tax.idaho.gov>

Confidentiality Notice:  This email is intended only for the use of the individual(s) named as recipients and may contain confidential, proprietary, or legally privileged information protected from disclosure under applicable law.  If you are not the intended recipient or authorized agent of the intended receipient, you are hereby notified that disclosing, distributing, copying or otherwise using this message is strictly prohibited.  If you have received this message in error, please promptly notify the sender and delete this message from your system.


From PGeile at foleyfreeman.com  Fri Feb 15 10:03:37 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Fri, 15 Feb 2019 17:03:37 +0000
Subject: [CLBS] Advocate Articles
Message-ID: <BYAPR19MB22961089CCECF213FBED1120A8600@BYAPR19MB2296.namprd19.prod.outlook.com>

Thank you all for expressing interest in writing articles.  We Have History, UCC, Student loans, Preference powers covered.

I am still looking for one more article, commercial law or bankruptcy related.

I am also trying to pressure (in the best possible way) Brett to turn the 5th amendment presentation into an article.

Thanks again.



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 PGeile at foleyfreeman.com  Fri Feb 15 11:22:15 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Fri, 15 Feb 2019 18:22:15 +0000
Subject: [CLBS] Articles
Message-ID: <BYAPR19MB2296041EF72795432002AF70A8600@BYAPR19MB2296.namprd19.prod.outlook.com>

I think we are full of authors.  Thanks so much for the interest.

To the authors I will be touching base in about a month to follow up.

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 PGeile at foleyfreeman.com  Tue Feb 19 13:06:59 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Tue, 19 Feb 2019 20:06:59 +0000
Subject: [CLBS] FW: Revised $ Amounts Effective 4/1/19 - Including Ch 12
	Debt Limit
In-Reply-To: <001b01d4c88b$d0e22d40$72a687c0$@filertel.com>
References: <BN3P110MB0401E7A4BE6CC3FAB56962B0827C0@BN3P110MB0401.NAMP110.PROD.OUTLOOK.COM>
 <001b01d4c88b$d0e22d40$72a687c0$@filertel.com>
Message-ID: <BYAPR19MB229678A7FCF37E08988D82C2A87C0@BYAPR19MB2296.namprd19.prod.outlook.com>

Good afternoon,

Attached are adjusted dollar limits for the Code.  Thanks to Bonnie and Gary.

Patrick J. Geile
Foley Freeman PLLC
(208) 947-1563

From: Gary L. Rainsdon <trustee at filertel.com>
Sent: Tuesday, February 19, 2019 12:47 PM
To: Patrick Geile <PGeile at foleyfreeman.com>
Subject: FW: Revised $ Amounts Effective 4/1/19 - Including Ch 12 Debt Limit

Patrick:
Here are the bankruptcy adjustment numbers, "hot off the press."
Thank Bonnie Shuster for getting them for us.

glr
Gary L. Rainsdon, Trustee
P.O. Box 506
Twin Falls, ID  83303
208-734-1180



From: Shuster, Bonnie (USTP) [mailto:Bonnie.J.Shuster at usdoj.gov]
Sent: Tuesday, February 19, 2019 9:54 AM
To: Gary L. Rainsdon <trustee at filertel.com<mailto:trustee at filertel.com>>
Subject: Revised $ Amounts Effective 4/1/19 - Including Ch 12 Debt Limit

Hi Gary,
You were looking for the new debt limit that will be effective 4/1/19. We just received the information this morning.  I am sending both the Federal Register and the chart with all of the new dollar amount limits (quite a few that impact Chapter 7s, too . . . .).

Bonnie Shuster
Bankruptcy Analyst
U.S. Department of Justice
Office of the United States Trustee
720 E. Park Blvd., Suite 220
Boise, ID   83712
208-334-1300  x 2227

This message and any attachments are intended only for the use of the addressee and may contain information that is privileged, "Limited Official Use," or "Sensitive But Unclassified."  If the reader of the message is not the intended recipient, then any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by replying to this e-mail message or by telephone at the number above, and delete the message and any attachments from your system.  Thank you.


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From shawngmillerlaw at gmail.com  Thu Feb 21 11:58:13 2019
From: shawngmillerlaw at gmail.com (Shawn Miller)
Date: Thu, 21 Feb 2019 11:58:13 -0700
Subject: [CLBS] grangeville
Message-ID: <CAB1h7=JV9cpjsxyxGkRfTSuf+gr_USmYGbsNqsUr=MPNo8AGEg@mail.gmail.com>

Need a BK attorney referral for a client in Grangeville, ID.  Thx

-- 
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 dbc at dbclarklaw.com  Thu Feb 21 13:47:32 2019
From: dbc at dbclarklaw.com (D. Blair Clark)
Date: Thu, 21 Feb 2019 13:47:32 -0700
Subject: [CLBS] grangeville
In-Reply-To: <CAB1h7=JV9cpjsxyxGkRfTSuf+gr_USmYGbsNqsUr=MPNo8AGEg@mail.gmail.com>
References: <CAB1h7=JV9cpjsxyxGkRfTSuf+gr_USmYGbsNqsUr=MPNo8AGEg@mail.gmail.com>
Message-ID: <001d01d4ca26$ab434eb0$01c9ec10$@dbclarklaw.com>

Tecla Druffel in Lewiston.  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Shawn Miller
Sent: Thursday, February 21, 2019 11:58 AM
To: Bankruptcy list <clbs at admws.idaho.gov>
Subject: [CLBS] grangeville

Need a BK attorney referral for a client in Grangeville, ID.  Thx

--
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
-------------- next part --------------
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From shawngmillerlaw at gmail.com  Thu Feb 21 14:02:35 2019
From: shawngmillerlaw at gmail.com (Shawn Miller)
Date: Thu, 21 Feb 2019 14:02:35 -0700
Subject: [CLBS] grangeville
In-Reply-To: <001d01d4ca26$ab434eb0$01c9ec10$@dbclarklaw.com>
References: <CAB1h7=JV9cpjsxyxGkRfTSuf+gr_USmYGbsNqsUr=MPNo8AGEg@mail.gmail.com>
 <001d01d4ca26$ab434eb0$01c9ec10$@dbclarklaw.com>
Message-ID: <CAB1h7=J5nTjJ_CwbXSMuQ2NcJca=JFWqvgaJPrJrb6bV62DGJA@mail.gmail.com>

thank you all.  I sent Tecla the information

On Thu, Feb 21, 2019 at 1:47 PM D. Blair Clark <dbc at dbclarklaw.com> wrote:

> Tecla Druffel in Lewiston.
>
> D. Blair Clark
> LAW OFFICES OF D. BLAIR CLARK PC
> 1509 Tyrell Lane, Suite 180
> Boise, ID 83706
> Phone:  208-475-2050
> Fax:  208-475-2055
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Shawn Miller
> Sent: Thursday, February 21, 2019 11:58 AM
> To: Bankruptcy list <clbs at admws.idaho.gov>
> Subject: [CLBS] grangeville
>
> Need a BK attorney referral for a client in Grangeville, ID.  Thx
>
> --
> 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
>


-- 
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 rfrench at rfrenchlaw.net  Thu Feb 21 19:36:45 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Fri, 22 Feb 2019 02:36:45 +0000
Subject: [CLBS] Question on Effect of Conversion
In-Reply-To: <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>
References: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>,
 <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>
Message-ID: <DM5PR2201MB13408C300D3203CBEF46679FD17F0@DM5PR2201MB1340.namprd22.prod.outlook.com>

If the first case was the ch 13 converted to chapter 7 and the tax debt arose during the ch 13 more than a decade ago, then for income taxes it would seem that it is no longer a priority tax claim if the tax returns were filed.  If it is any other kind of tax, then it would still be a priority tax.

Whether it is discharged depends on the language of 523(a), doesn't it?  I don't have 523(a) in front of me.  Doesn't that make non-dischargeable the taxes owed for which no tax return was filed, a tax return was fraudulent, the tax is a priority tax under 507(a)(8), or the tax return was filed within two years of the current bk filing date? Review that section for accurate information.

If it is dischargeable, then any action to try to collect violates the stay.  If the debt is not dischargeable, then the stay of action against the debtor ends when the discharge is granted or denied.  Once that happens, if the debt is in fact not discharged, then the state can commence collection action against the debtor from assets that are not assets of the estate, such as post-petition income.

But even if the debt would not be discharged, if it ultimately would be paid in full from the estate by a distribution from the ch 7 trustee, I think any collection action would violate the stay and expose the State to
potential sanctions for a stay violation.

Good luck.

Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Sent: Thursday, February 14, 2019 4:13:31 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Question on Effect of Conversion

A debt that arises after the date of petition but before the date of conversion from 13 to 7 is treated as if it were prepetition and could be discharged by the chapter 7 if otherwise dischargeable.  However, since the date of filing and commencement of the case otherwise does not change upon conversion, does that means a creditor with a post-petition, pre-conversion, debt is not stayed from collecting that debt by the automatic stay?

The reason I am asking is in regards to this section of 507(a)(8)(A):
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of-
                ***
(II)  any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days;

I'm dealing with a case that was in Chapter 7 for 13 years, followed immediately by another Chapter 7, and am trying to determine if the post-petition pre-conversion tax debt was discharged by the second Chapter 7.

Thanks in advance!

Amber

Amber Kauffman
Deputy Attorney General
Idaho Office of the Attorney General
Contracts and Administrative Law Division * Idaho State Tax Commission
Phone: (208) 334-7542  * Fax: (208) 334-7844
amber.kauffman at tax.idaho.gov<mailto:amber.kauffman at tax.idaho.gov>

Confidentiality Notice:  This email is intended only for the use of the individual(s) named as recipients and may contain confidential, proprietary, or legally privileged information protected from disclosure under applicable law.  If you are not the intended recipient or authorized agent of the intended receipient, you are hereby notified that disclosing, distributing, copying or otherwise using this message is strictly prohibited.  If you have received this message in error, please promptly notify the sender and delete this message from your system.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

From carolyn.g.wade at doj.state.or.us  Thu Feb 21 19:44:28 2019
From: carolyn.g.wade at doj.state.or.us (Wade Carolyn G)
Date: Fri, 22 Feb 2019 02:44:28 +0000
Subject: [CLBS] Question on Effect of Conversion
In-Reply-To: <DM5PR2201MB13408C300D3203CBEF46679FD17F0@DM5PR2201MB1340.namprd22.prod.outlook.com>
References: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>,
 <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>
 <DM5PR2201MB13408C300D3203CBEF46679FD17F0@DM5PR2201MB1340.namprd22.prod.outlook.com>
Message-ID: <37451D2AF09F5145841F3918A9715E6E0135C25D5C@DOJ-CE-EX10-1.DOJ.pri>

The facts aren't clear.

When was the first case filed, and under what chapter?  How long did it stay in that chapter?  What happened then?  When was the second case filed, and under what chapter?

When was the tax incurred?  


Carolyn Wade
Oregon Department of Justice
541.686.7846 (Eugene)
503.934.4459 (Salem)

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Thursday, February 21, 2019 6:37 PM
To: clbs at admws.idaho.gov; Amber Kauffman
Subject: Re: [CLBS] Question on Effect of Conversion

If the first case was the ch 13 converted to chapter 7 and the tax debt arose during the ch 13 more than a decade ago, then for income taxes it would seem that it is no longer a priority tax claim if the tax returns were filed.  If it is any other kind of tax, then it would still be a priority tax.

Whether it is discharged depends on the language of 523(a), doesn't it?  I don't have 523(a) in front of me.  Doesn't that make non-dischargeable the taxes owed for which no tax return was filed, a tax return was fraudulent, the tax is a priority tax under 507(a)(8), or the tax return was filed within two years of the current bk filing date? Review that section for accurate information.

If it is dischargeable, then any action to try to collect violates the stay.  If the debt is not dischargeable, then the stay of action against the debtor ends when the discharge is granted or denied.  Once that happens, if the debt is in fact not discharged, then the state can commence collection action against the debtor from assets that are not assets of the estate, such as post-petition income.

But even if the debt would not be discharged, if it ultimately would be paid in full from the estate by a distribution from the ch 7 trustee, I think any collection action would violate the stay and expose the State to
potential sanctions for a stay violation.

Good luck.

Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Sent: Thursday, February 14, 2019 4:13:31 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Question on Effect of Conversion

A debt that arises after the date of petition but before the date of conversion from 13 to 7 is treated as if it were prepetition and could be discharged by the chapter 7 if otherwise dischargeable.  However, since the date of filing and commencement of the case otherwise does not change upon conversion, does that means a creditor with a post-petition, pre-conversion, debt is not stayed from collecting that debt by the automatic stay?

The reason I am asking is in regards to this section of 507(a)(8)(A):
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of-
                ***
(II)  any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days;

I'm dealing with a case that was in Chapter 7 for 13 years, followed immediately by another Chapter 7, and am trying to determine if the post-petition pre-conversion tax debt was discharged by the second Chapter 7.

Thanks in advance!

Amber

Amber Kauffman
Deputy Attorney General
Idaho Office of the Attorney General
Contracts and Administrative Law Division * Idaho State Tax Commission
Phone: (208) 334-7542  * Fax: (208) 334-7844
amber.kauffman at tax.idaho.gov<mailto:amber.kauffman at tax.idaho.gov>

Confidentiality Notice:  This email is intended only for the use of the individual(s) named as recipients and may contain confidential, proprietary, or legally privileged information protected from disclosure under applicable law.  If you are not the intended recipient or authorized agent of the intended receipient, you are hereby notified that disclosing, distributing, copying or otherwise using this message is strictly prohibited.  If you have received this message in error, please promptly notify the sender and delete this message from your system.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

*****CONFIDENTIALITY  NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 

************************************

From Amber.Kauffman at tax.idaho.gov  Fri Feb 22 09:29:45 2019
From: Amber.Kauffman at tax.idaho.gov (Amber Kauffman)
Date: Fri, 22 Feb 2019 16:29:45 +0000
Subject: [CLBS] Question on Effect of Conversion
In-Reply-To: <37451D2AF09F5145841F3918A9715E6E0135C25D5C@DOJ-CE-EX10-1.DOJ.pri>
References: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>,
 <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>
 <DM5PR2201MB13408C300D3203CBEF46679FD17F0@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <37451D2AF09F5145841F3918A9715E6E0135C25D5C@DOJ-CE-EX10-1.DOJ.pri>
Message-ID: <MWHPR09MB14726A0CBC873B132F198ABDC87F0@MWHPR09MB1472.namprd09.prod.outlook.com>

First case - Chapter 13 filed 10/14/05, never confirmed.   Converted to Ch 7 on 7/19/06.  A POC was filed for tax years 2003, 2004, and 2005.  The 2003 and 2004 debts are prepetition, but the 2005 debt is post-petition, pre-conversion.  For many reasons, this case did not discharge until 4/30/18 (he was in bankruptcy for nearly 13 years).   A distribution was made, but none to the priority tax debt.

Second case - Ch 7 filed 6/22/18, Discharged 9/28/18. No asset case.  Debtor claims this discharged the 2003, 2004, 2005 taxes.

I understand clearly the 2003-2004 taxes were stayed by the first case and therefore remained priority in the second case and were excepted from discharged.  The penalties were technically discharged, but under equitable tolling I think these are arguably not-discharged either.  My only concern is regarding the 2005 taxes.  Were these stayed?  If they were not, then they were discharged by the second bankruptcy.

Reviewing the caselaw, I found support both ways.  The 11th Circuit said this, "The filing of a petition operates as an automatic stay. A conversion order is not the filing of a petition. A conversion order does not trigger section 362." In re State Airlines, Inc. 873 F.2d 264, 268 (11th Circuit 1989).  That case specifically was in the context of a creditor who lifted the stay pre-conversion, the court held it remained lifted after conversion because the stay was not reimposed by the conversion.

Thanks for looking at it.

Amber

-----Original Message-----
From: Wade Carolyn G <carolyn.g.wade at doj.state.or.us> 
Sent: Thursday, February 21, 2019 7:44 PM
To: 'Randal French' <rfrench at rfrenchlaw.net>; clbs at admws.idaho.gov; Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Subject: RE: Question on Effect of Conversion

The facts aren't clear.

When was the first case filed, and under what chapter?  How long did it stay in that chapter?  What happened then?  When was the second case filed, and under what chapter?

When was the tax incurred?  


Carolyn Wade
Oregon Department of Justice
541.686.7846 (Eugene)
503.934.4459 (Salem)

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Thursday, February 21, 2019 6:37 PM
To: clbs at admws.idaho.gov; Amber Kauffman
Subject: Re: [CLBS] Question on Effect of Conversion

If the first case was the ch 13 converted to chapter 7 and the tax debt arose during the ch 13 more than a decade ago, then for income taxes it would seem that it is no longer a priority tax claim if the tax returns were filed.  If it is any other kind of tax, then it would still be a priority tax.

Whether it is discharged depends on the language of 523(a), doesn't it?  I don't have 523(a) in front of me.  Doesn't that make non-dischargeable the taxes owed for which no tax return was filed, a tax return was fraudulent, the tax is a priority tax under 507(a)(8), or the tax return was filed within two years of the current bk filing date? Review that section for accurate information.

If it is dischargeable, then any action to try to collect violates the stay.  If the debt is not dischargeable, then the stay of action against the debtor ends when the discharge is granted or denied.  Once that happens, if the debt is in fact not discharged, then the state can commence collection action against the debtor from assets that are not assets of the estate, such as post-petition income.

But even if the debt would not be discharged, if it ultimately would be paid in full from the estate by a distribution from the ch 7 trustee, I think any collection action would violate the stay and expose the State to potential sanctions for a stay violation.

Good luck.

Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Sent: Thursday, February 14, 2019 4:13:31 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Question on Effect of Conversion

A debt that arises after the date of petition but before the date of conversion from 13 to 7 is treated as if it were prepetition and could be discharged by the chapter 7 if otherwise dischargeable.  However, since the date of filing and commencement of the case otherwise does not change upon conversion, does that means a creditor with a post-petition, pre-conversion, debt is not stayed from collecting that debt by the automatic stay?

The reason I am asking is in regards to this section of 507(a)(8)(A):
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of-
                ***
(II)  any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days;

I'm dealing with a case that was in Chapter 7 for 13 years, followed immediately by another Chapter 7, and am trying to determine if the post-petition pre-conversion tax debt was discharged by the second Chapter 7.

Thanks in advance!

Amber

Amber Kauffman
Deputy Attorney General
Idaho Office of the Attorney General
Contracts and Administrative Law Division * Idaho State Tax Commission
Phone: (208) 334-7542  * Fax: (208) 334-7844 amber.kauffman at tax.idaho.gov<mailto:amber.kauffman at tax.idaho.gov>

Confidentiality Notice:  This email is intended only for the use of the individual(s) named as recipients and may contain confidential, proprietary, or legally privileged information protected from disclosure under applicable law.  If you are not the intended recipient or authorized agent of the intended receipient, you are hereby notified that disclosing, distributing, copying or otherwise using this message is strictly prohibited.  If you have received this message in error, please promptly notify the sender and delete this message from your system.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

*****CONFIDENTIALITY  NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 

************************************

From alex at cavallawoffice.com  Mon Feb 25 15:38:26 2019
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Mon, 25 Feb 2019 15:38:26 -0700
Subject: [CLBS] IRS contact Info?
Message-ID: <CACg1PEWgN5=QQuWLnZJktBR4FdG3-8FeLo8D6UxAEzt2vrn_jg@mail.gmail.com>

Does anyone have a phone number for a live human being at the IRS's
insolvency office who can give me a payoff number on a bk case? I've
exhausted my contacts and I've been on hold on the IRS's general insolvency
department phone number (800-973-0424 for those who want to avoid it) for
about 45 minutes now.

Thanks in advance,
Alex
-- 

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
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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
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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 rfrench at rfrenchlaw.net  Tue Feb 26 08:40:52 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Tue, 26 Feb 2019 15:40:52 +0000
Subject: [CLBS] Question on Effect of Conversion
In-Reply-To: <MWHPR09MB14726A0CBC873B132F198ABDC87F0@MWHPR09MB1472.namprd09.prod.outlook.com>
References: <MWHPR09MB14720D7C0361369291E710F4C8670@MWHPR09MB1472.namprd09.prod.outlook.com>,
 <MWHPR09MB1472076997BADC73AA99AEADC8670@MWHPR09MB1472.namprd09.prod.outlook.com>
 <DM5PR2201MB13408C300D3203CBEF46679FD17F0@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <37451D2AF09F5145841F3918A9715E6E0135C25D5C@DOJ-CE-EX10-1.DOJ.pri>,
 <MWHPR09MB14726A0CBC873B132F198ABDC87F0@MWHPR09MB1472.namprd09.prod.outlook.com>
Message-ID: <DM5PR2201MB13400F30D2EEF6C22FBC8145D17B0@DM5PR2201MB1340.namprd22.prod.outlook.com>

What kind of tax? Income? Sales? Unemployment? Withholding?

Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Sent: Friday, February 22, 2019 9:29:45 AM
To: Wade Carolyn G; Randal French; clbs at admws.idaho.gov
Subject: RE: Question on Effect of Conversion

First case - Chapter 13 filed 10/14/05, never confirmed.   Converted to Ch 7 on 7/19/06.  A POC was filed for tax years 2003, 2004, and 2005.  The 2003 and 2004 debts are prepetition, but the 2005 debt is post-petition, pre-conversion.  For many reasons, this case did not discharge until 4/30/18 (he was in bankruptcy for nearly 13 years).   A distribution was made, but none to the priority tax debt.

Second case - Ch 7 filed 6/22/18, Discharged 9/28/18. No asset case.  Debtor claims this discharged the 2003, 2004, 2005 taxes.

I understand clearly the 2003-2004 taxes were stayed by the first case and therefore remained priority in the second case and were excepted from discharged.  The penalties were technically discharged, but under equitable tolling I think these are arguably not-discharged either.  My only concern is regarding the 2005 taxes.  Were these stayed?  If they were not, then they were discharged by the second bankruptcy.

Reviewing the caselaw, I found support both ways.  The 11th Circuit said this, "The filing of a petition operates as an automatic stay. A conversion order is not the filing of a petition. A conversion order does not trigger section 362." In re State Airlines, Inc. 873 F.2d 264, 268 (11th Circuit 1989).  That case specifically was in the context of a creditor who lifted the stay pre-conversion, the court held it remained lifted after conversion because the stay was not reimposed by the conversion.

Thanks for looking at it.

Amber

-----Original Message-----
From: Wade Carolyn G <carolyn.g.wade at doj.state.or.us>
Sent: Thursday, February 21, 2019 7:44 PM
To: 'Randal French' <rfrench at rfrenchlaw.net>; clbs at admws.idaho.gov; Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Subject: RE: Question on Effect of Conversion

The facts aren't clear.

When was the first case filed, and under what chapter?  How long did it stay in that chapter?  What happened then?  When was the second case filed, and under what chapter?

When was the tax incurred?


Carolyn Wade
Oregon Department of Justice
541.686.7846 (Eugene)
503.934.4459 (Salem)

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Thursday, February 21, 2019 6:37 PM
To: clbs at admws.idaho.gov; Amber Kauffman
Subject: Re: [CLBS] Question on Effect of Conversion

If the first case was the ch 13 converted to chapter 7 and the tax debt arose during the ch 13 more than a decade ago, then for income taxes it would seem that it is no longer a priority tax claim if the tax returns were filed.  If it is any other kind of tax, then it would still be a priority tax.

Whether it is discharged depends on the language of 523(a), doesn't it?  I don't have 523(a) in front of me.  Doesn't that make non-dischargeable the taxes owed for which no tax return was filed, a tax return was fraudulent, the tax is a priority tax under 507(a)(8), or the tax return was filed within two years of the current bk filing date? Review that section for accurate information.

If it is dischargeable, then any action to try to collect violates the stay.  If the debt is not dischargeable, then the stay of action against the debtor ends when the discharge is granted or denied.  Once that happens, if the debt is in fact not discharged, then the state can commence collection action against the debtor from assets that are not assets of the estate, such as post-petition income.

But even if the debt would not be discharged, if it ultimately would be paid in full from the estate by a distribution from the ch 7 trustee, I think any collection action would violate the stay and expose the State to potential sanctions for a stay violation.

Good luck.

Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Amber Kauffman <Amber.Kauffman at tax.idaho.gov>
Sent: Thursday, February 14, 2019 4:13:31 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Question on Effect of Conversion

A debt that arises after the date of petition but before the date of conversion from 13 to 7 is treated as if it were prepetition and could be discharged by the chapter 7 if otherwise dischargeable.  However, since the date of filing and commencement of the case otherwise does not change upon conversion, does that means a creditor with a post-petition, pre-conversion, debt is not stayed from collecting that debt by the automatic stay?

The reason I am asking is in regards to this section of 507(a)(8)(A):
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of-
                ***
(II)  any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days;

I'm dealing with a case that was in Chapter 7 for 13 years, followed immediately by another Chapter 7, and am trying to determine if the post-petition pre-conversion tax debt was discharged by the second Chapter 7.

Thanks in advance!

Amber

Amber Kauffman
Deputy Attorney General
Idaho Office of the Attorney General
Contracts and Administrative Law Division * Idaho State Tax Commission
Phone: (208) 334-7542  * Fax: (208) 334-7844 amber.kauffman at tax.idaho.gov<mailto:amber.kauffman at tax.idaho.gov>

Confidentiality Notice:  This email is intended only for the use of the individual(s) named as recipients and may contain confidential, proprietary, or legally privileged information protected from disclosure under applicable law.  If you are not the intended recipient or authorized agent of the intended receipient, you are hereby notified that disclosing, distributing, copying or otherwise using this message is strictly prohibited.  If you have received this message in error, please promptly notify the sender and delete this message from your system.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

*****CONFIDENTIALITY  NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system.

************************************

From christopher at postfallslaw.com  Tue Feb 26 10:44:41 2019
From: christopher at postfallslaw.com (Christopher Williams)
Date: Tue, 26 Feb 2019 09:44:41 -0800
Subject: [CLBS] Debtor in Jail
Message-ID: <CAD56TsE8JsUzm1q26GyAVWnbrVPCY5iLyAzbXP2xv3i3quWxWA@mail.gmail.com>

Good Morning everyone,

What are the options for a debtor attending a 341 meeting when they are in
a county jail?  Has anyone been successful having interrogatories answered
in lieu of physical attendance in a situation like that?

Do I need to file a motion with the court or work out the logistics with
the jail and trustee?

-- 
Christopher Williams
Attorney
Post Falls Law
(208) 262-3893

From orofinolaw at msn.com  Tue Feb 26 10:47:36 2019
From: orofinolaw at msn.com (Patricia Evans)
Date: Tue, 26 Feb 2019 17:47:36 +0000
Subject: [CLBS] Debtor in Jail
In-Reply-To: <CAD56TsE8JsUzm1q26GyAVWnbrVPCY5iLyAzbXP2xv3i3quWxWA@mail.gmail.com>
References: <CAD56TsE8JsUzm1q26GyAVWnbrVPCY5iLyAzbXP2xv3i3quWxWA@mail.gmail.com>
Message-ID: <MWHPR16MB177375BC657000FB7CA2C47EC37B0@MWHPR16MB1773.namprd16.prod.outlook.com>

Unfortunely all the time. I just contact the US trustee and the sitting Trustee and they have worked it out.



Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Christopher Williams <christopher at postfallslaw.com>
Date: 2/26/19 9:45 AM (GMT-08:00)
To: clbs at admws.idaho.gov
Subject: [CLBS] Debtor in Jail

Good Morning everyone,

What are the options for a debtor attending a 341 meeting when they are in
a county jail?  Has anyone been successful having interrogatories answered
in lieu of physical attendance in a situation like that?

Do I need to file a motion with the court or work out the logistics with
the jail and trustee?

--
Christopher Williams
Attorney
Post Falls Law
(208) 262-3893
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadmws.idaho.gov%2Fmailman%2Flistinfo%2Fclbs&amp;data=02%7C01%7C%7Cb950c2bb3ef649311a1908d69c1222b5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636867999039533715&amp;sdata=0RSP2lgBVnYsLVBcNpGAS7EVPcQm7cVMNAnhHOayqQI%3D&amp;reserved=0

From PGeile at foleyfreeman.com  Tue Feb 26 15:24:47 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Tue, 26 Feb 2019 22:24:47 +0000
Subject: [CLBS] cheat sheet
Message-ID: <BYAPR19MB2296260C7430D21D4B4792AFA87B0@BYAPR19MB2296.namprd19.prod.outlook.com>

Does anyone have and would be willing to share a cheat sheet on when to use a box notice and when you can't.

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  Tue Feb 26 15:49:53 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Tue, 26 Feb 2019 15:49:53 -0700
Subject: [CLBS] CDCA Ch 13 case: Need 9th or sup court case re SSI income
	and ch 13 plan
Message-ID: <04d801d4ce25$9752e110$c5f8a330$@roarklawboise.com>

Can someone direct me to the name of the controlling case that says SSI
income is not required to be devoted to the Chapter 13 plan? This is for a
case in CDCA. Trustee is looking to increase plan payments in the last 6
months of the plan, and the increase includes the social security income
(about $315/month). Notably the SS income has been devoted to the plan and
not backed out for the first 4.5 years of the plan, but I'd like to back it
out now for the last 6 months to offset this request for increase in plan
payment. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at
<https://calendly.com/hollyr> 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 jaykohler at live.com  Wed Feb 27 11:11:36 2019
From: jaykohler at live.com (jay kohler)
Date: Wed, 27 Feb 2019 18:11:36 +0000
Subject: [CLBS] Negative noticing on sec. 522f motion to avoid judgment lien
 on homestead
Message-ID: <MWHPR17MB2032D91AEA53ED2945B4E77DC6740@MWHPR17MB2032.namprd17.prod.outlook.com>


Since the beginning of time I have used negative noticing on Sec. 522(f) motions to avoid judicial liens that impair a homestead - with no hearing necessary when there were no objections.  I recently filed my first one under Judge Meier.  I used the negative noticing, properly served the motion according to the rules (as far as I know) and waited out the time.  No objections were filed.  I filed a "statement of no objections" and submitted a proposed order. I then received a short note back from the clerk advising me that the judge wanted me to notice the motion up for hearing.  So, I did - giving notice to all interested parties including the judgment creditor and its attorney. There was no explanation as to why this was necessary.  So, I'm just reaching out to see if anyone else has had a similar experience and can perhaps give me a heads up on what to expect at the hearing.  I don't know whether to go to the hearing prepared to present evidence, or, what.

Jay Kohler

From alex at cavallawoffice.com  Wed Feb 27 11:58:14 2019
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Wed, 27 Feb 2019 11:58:14 -0700
Subject: [CLBS] Negative noticing on sec. 522f motion to avoid judgment
 lien on homestead
In-Reply-To: <MWHPR17MB2032D91AEA53ED2945B4E77DC6740@MWHPR17MB2032.namprd17.prod.outlook.com>
References: <MWHPR17MB2032D91AEA53ED2945B4E77DC6740@MWHPR17MB2032.namprd17.prod.outlook.com>
Message-ID: <CACg1PEX2z9LhyEXGus3xuyKZ=EjdDSbtnTz-zMmg6o_GUM59=A@mail.gmail.com>

You may want to check your service - that's probably where the problem is
if I had to guess. I've used negative notice on 522(f) motions many times
without a problem (even in front of Judge Meier). I do know the Court
checks service to make sure the motion was properly served on the right
person for entity before they will enter the order on your motion.

On Wed, Feb 27, 2019 at 11:11 AM jay kohler <jaykohler at live.com> wrote:

>
> Since the beginning of time I have used negative noticing on Sec. 522(f)
> motions to avoid judicial liens that impair a homestead - with no hearing
> necessary when there were no objections.  I recently filed my first one
> under Judge Meier.  I used the negative noticing, properly served the
> motion according to the rules (as far as I know) and waited out the time.
> No objections were filed.  I filed a "statement of no objections" and
> submitted a proposed order. I then received a short note back from the
> clerk advising me that the judge wanted me to notice the motion up for
> hearing.  So, I did - giving notice to all interested parties including the
> judgment creditor and its attorney. There was no explanation as to why this
> was necessary.  So, I'm just reaching out to see if anyone else has had a
> similar experience and can perhaps give me a heads up on what to expect at
> the hearing.  I don't know whether to go to the hearing prepared to present
> evidence, or, what.
>
> Jay Kohler
> _______________________________________________
> 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 jdavidson at dbm-law.net  Wed Feb 27 12:00:53 2019
From: jdavidson at dbm-law.net (Jeremy Davidson)
Date: Wed, 27 Feb 2019 19:00:53 +0000
Subject: [CLBS] CDCA Ch 13 case: Need 9th or sup court case re SSI
	income	and ch 13 plan
In-Reply-To: <04d801d4ce25$9752e110$c5f8a330$@roarklawboise.com>
References: <04d801d4ce25$9752e110$c5f8a330$@roarklawboise.com>
Message-ID: <MWHPR1301MB21763E0B081E1A86DB68B414F1740@MWHPR1301MB2176.namprd13.prod.outlook.com>

Hi Holly - Case attached.  

Jeremy S. Davidson
?
Email:???jdavidson at dbm-law.net
Web: ? ??www.dbm-law.net
?
Davidson Backman Medeiros PLLC
1550 Bank of America Financial Center
601 West Riverside Avenue
Spokane, Washington 99201
?
Office: ?(509) 624-4600
Fax: ? ? ? (509) 623-1660
?
This message, including any replies or attachments, is intended only for the use of the intended recipient, and may contain information that is confidential or privileged.??If you are not the intended recipient or representative of the recipient, you are notified that any disclosure, copying, distribution or use of this communication or information contained herein is strictly prohibited.??If you received this communication in error, please immediately notify the sender and delete this message from your system.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Tuesday, February 26, 2019 2:50 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] CDCA Ch 13 case: Need 9th or sup court case re SSI income and ch 13 plan

Can someone direct me to the name of the controlling case that says SSI income is not required to be devoted to the Chapter 13 plan? This is for a case in CDCA. Trustee is looking to increase plan payments in the last 6 months of the plan, and the increase includes the social security income (about $315/month). Notably the SS income has been devoted to the plan and not backed out for the first 4.5 years of the plan, but I'd like to back it out now for the last 6 months to offset this request for increase in plan payment. 

 

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:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
<http://www.roarklawboise.com/> www.roarklawboise.com

You can easily see my real-time availability and schedule time with me at <https://calendly.com/hollyr> 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
-------------- next part --------------
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From paul at idbankruptcylaw.com  Wed Feb 27 12:09:31 2019
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Wed, 27 Feb 2019 12:09:31 -0700
Subject: [CLBS] Negative noticing on sec. 522f motion to avoid judgment
 lien on homestead
In-Reply-To: <CACg1PEX2z9LhyEXGus3xuyKZ=EjdDSbtnTz-zMmg6o_GUM59=A@mail.gmail.com>
References: <MWHPR17MB2032D91AEA53ED2945B4E77DC6740@MWHPR17MB2032.namprd17.prod.outlook.com>
 <CACg1PEX2z9LhyEXGus3xuyKZ=EjdDSbtnTz-zMmg6o_GUM59=A@mail.gmail.com>
Message-ID: <CAByLFi4-khP1_b_GV9gX1pzgwqH-w5PGmQ7gVe2ekF204q4orw@mail.gmail.com>

I received some Orders Avoiding Liens back from Judge Meier in the last
week or two.  There is likely an issue with the Motion or Service.

Last year I had an issue where the Motion was set for a hearing where I had
language that the lien was avoided.  I had to tweak the language in the
Motion and Order that the lien is avoided to the extent it impairs the
homestead exemption.

Paul

On Wed, Feb 27, 2019 at 11:58 AM Alexandra Caval <alex at cavallawoffice.com>
wrote:

> You may want to check your service - that's probably where the problem is
> if I had to guess. I've used negative notice on 522(f) motions many times
> without a problem (even in front of Judge Meier). I do know the Court
> checks service to make sure the motion was properly served on the right
> person for entity before they will enter the order on your motion.
>
> On Wed, Feb 27, 2019 at 11:11 AM jay kohler <jaykohler at live.com> wrote:
>
> >
> > Since the beginning of time I have used negative noticing on Sec. 522(f)
> > motions to avoid judicial liens that impair a homestead - with no hearing
> > necessary when there were no objections.  I recently filed my first one
> > under Judge Meier.  I used the negative noticing, properly served the
> > motion according to the rules (as far as I know) and waited out the time.
> > No objections were filed.  I filed a "statement of no objections" and
> > submitted a proposed order. I then received a short note back from the
> > clerk advising me that the judge wanted me to notice the motion up for
> > hearing.  So, I did - giving notice to all interested parties including
> the
> > judgment creditor and its attorney. There was no explanation as to why
> this
> > was necessary.  So, I'm just reaching out to see if anyone else has had a
> > similar experience and can perhaps give me a heads up on what to expect
> at
> > the hearing.  I don't know whether to go to the hearing prepared to
> present
> > evidence, or, what.
> >
> > Jay Kohler
> > _______________________________________________
> > 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
>
>
>
>
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-- 
Idaho Bankruptcy Law
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From PGeile at foleyfreeman.com  Thu Feb 28 14:36:22 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Thu, 28 Feb 2019 21:36:22 +0000
Subject: [CLBS] Bankruptcy debtor counsel referral for La Grand?.  Anyone?
Message-ID: <BYAPR19MB229601FFB4563C23EF52A6CBA8750@BYAPR19MB2296.namprd19.prod.outlook.com>



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 dbc at dbclarklaw.com  Thu Feb 28 14:59:26 2019
From: dbc at dbclarklaw.com (D. Blair Clark)
Date: Thu, 28 Feb 2019 14:59:26 -0700
Subject: [CLBS] Bankruptcy debtor counsel referral for La Grand?. Anyone?
In-Reply-To: <BYAPR19MB229601FFB4563C23EF52A6CBA8750@BYAPR19MB2296.namprd19.prod.outlook.com>
References: <BYAPR19MB229601FFB4563C23EF52A6CBA8750@BYAPR19MB2296.namprd19.prod.outlook.com>
Message-ID: <014f01d4cfb0$df389c90$9da9d5b0$@dbclarklaw.com>

http://www.bettislaw.com/   Wade Bettis.  I've worked with him before.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1509 Tyrell Lane, Suite 180
Boise, ID 83706
Phone:  208-475-2050
Fax:  208-475-2055

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Thursday, February 28, 2019 2:36 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Bankruptcy debtor counsel referral for La Grand?. Anyone?



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

_______________________________________________
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