From shawngmillerlaw at gmail.com  Tue Mar  5 08:46:55 2019
From: shawngmillerlaw at gmail.com (Shawn Miller)
Date: Tue, 5 Mar 2019 08:46:55 -0700
Subject: [CLBS] Military education stipened
Message-ID: <CAB1h7=JrK6A-8HRmUAuFq7_-2SDK5KE60=0=Sec45n7J3p4WRw@mail.gmail.com>

I wanted to check to see if a Military education stipend is considered in a
debtors current monthly income (CMI).  code says income from all sources
whether or not it is taxable.  My reading is that it would be considered.
Any thoughts would be appreciated.
-- 
Miller Law PLLC
6901 W. Emerald St. Ste 203
Boise, ID 83704
Phone: 208-901-1647
Fax:208-906-8667
Email:  shawngmillerlaw at gmail.com

*ATTENTION*:  This email and any attachments are intended for the addressee
only and may contain legally privileged or confidential information.  If
you are not the intended recipient of this email, disregard and delete it
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sender at the email address provided above.

From holly at roarklawboise.com  Wed Mar  6 01:02:02 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 6 Mar 2019 01:02:02 -0700
Subject: [CLBS] CDCA Ch 13 - seeking to modify Conf plan
In-Reply-To: <CAE20010-F206-479E-8988-0599A7210A18@roarklawboise.com>
References: <CAE20010-F206-479E-8988-0599A7210A18@roarklawboise.com>
Message-ID: <74DE8546-9C01-46B7-AC49-4050BFD25716@roarklawboise.com>

I should add to the fact pattern below, that a good portion of the litigation between conversion and confirmation were not solely confirmation issues, but were fights with a creditor over the homestead exemption. This fight would have been had in a chapter 7 as well. 

Best regards, 

Holly Roark
Attorney at Law

Roark Law Offices
Phone: (310) 553-2600
Fax:  (310) 553-2601
Cell phone:  (818) 648-3238
E-mail:  holly at roarklawoffices.com 

*Cycle Sport Lawyer: www.cyclesportlawyer.com

*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
www.bankruptcyattorneyinlosangeles.net

Sent from my iPhone

> On Mar 6, 2019, at 12:41 AM, Holly Roark <holly at roarklawboise.com> wrote:
> 
> This is a case converted from ch 7 to 13, and confirmed. Highly litigious case. I?ve had 3 fee apps and have one final one, BUT, can I do this: reduce the base amount owed to general unsecured creditors in this way: 
> 
> So a modified plan still has to meet best interest of creditors: 1325(a)(4) under 1329(b)(1). In light of that, and the fact that liquidation analysis is as of the ?effective date of the plan,? which is construed to be at confirmation under Pak, 378 BR 257 (9th Cir Bap 2007), can I redo the liquidation analysis (as part of my request to modify the plan reducing the base amount to be paid to general unsecured creditors) to accommodate my administrative fee claim, based on the fact that upon confirmation I was owed a significant amount of fees between the converted date and confirmation though my fees were not approved until after confirmation? 
> 
> This is a unique case, highly litigious. Had the case actually been reconverted to chapter 7 instead of confirmed, I would have sought those fees. They were earned but not  yet approved on confirmation. Between conversion from 7 to 13, and confirmation was 9 months.   
> 
> So the math looks like this:
> Assets: $200,000
> Less homestead: $100,000
> Less admin claims: $60,000
> =@$40,000 to general unsecured creditors when case converted and plan was filed
> 
> 9 months later ....
> Case confirmed, but,
> Now through date of confirmation, I?m owed $20,000 more in admin fees which I apply for after confirmation and which are approved. I am paid those fees.
> 
> Now, 2 years later, I am owed some more fees; I put in fee app.
> Trustee says can?t reduce $40k liquidation owed to General Unsecured Creditors (see above) per 1325(a)(4)
> But... can I? Can I go back in and say, wait, actually, on the effective date (confirmation)  the liquidation analysis should have been reduced by those $20k in fees but was not done so. 
> 
> Thoughts? 
> 
> I need to file my reply today.
> 
> Best regards, 
> 
> Holly Roark
> Attorney at Law
> 
> Roark Law Offices
> Phone: (310) 553-2600
> Fax:  (310) 553-2601
> Cell phone:  (818) 648-3238
> E-mail:  holly at roarklawoffices.com 
> 
> *Cycle Sport Lawyer: www.cyclesportlawyer.com
> 
> *Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
> www.bankruptcyattorneyinlosangeles.net
> 
> Sent from my iPhone


From holly at roarklawboise.com  Wed Mar  6 00:41:14 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 6 Mar 2019 00:41:14 -0700
Subject: [CLBS] CDCA Ch 13 - seeking to modify Conf plan
Message-ID: <CAE20010-F206-479E-8988-0599A7210A18@roarklawboise.com>

This is a case converted from ch 7 to 13, and confirmed. Highly litigious case. I?ve had 3 fee apps and have one final one, BUT, can I do this: reduce the base amount owed to general unsecured creditors in this way: 

So a modified plan still has to meet best interest of creditors: 1325(a)(4) under 1329(b)(1). In light of that, and the fact that liquidation analysis is as of the ?effective date of the plan,? which is construed to be at confirmation under Pak, 378 BR 257 (9th Cir Bap 2007), can I redo the liquidation analysis (as part of my request to modify the plan reducing the base amount to be paid to general unsecured creditors) to accommodate my administrative fee claim, based on the fact that upon confirmation I was owed a significant amount of fees between the converted date and confirmation though my fees were not approved until after confirmation? 

This is a unique case, highly litigious. Had the case actually been reconverted to chapter 7 instead of confirmed, I would have sought those fees. They were earned but not  yet approved on confirmation. Between conversion from 7 to 13, and confirmation was 9 months.   

So the math looks like this:
Assets: $200,000
Less homestead: $100,000
Less admin claims: $60,000
=@$40,000 to general unsecured creditors when case converted and plan was filed

9 months later ....
Case confirmed, but,
Now through date of confirmation, I?m owed $20,000 more in admin fees which I apply for after confirmation and which are approved. I am paid those fees.

Now, 2 years later, I am owed some more fees; I put in fee app.
Trustee says can?t reduce $40k liquidation owed to General Unsecured Creditors (see above) per 1325(a)(4)
But... can I? Can I go back in and say, wait, actually, on the effective date (confirmation)  the liquidation analysis should have been reduced by those $20k in fees but was not done so. 

Thoughts? 

I need to file my reply today.

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 PGeile at foleyfreeman.com  Wed Mar 13 11:26:05 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Wed, 13 Mar 2019 17:26:05 +0000
Subject: [CLBS] interesting state court opinion on making claims against a
 debtors insurance company
Message-ID: <BYAPR19MB22968A6B589E9D2643E5595DA84A0@BYAPR19MB2296.namprd19.prod.outlook.com>

Jackson v. Crow<https://www.isc.idaho.gov/opinions/45450.pdf>

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  Wed Mar 13 16:49:40 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 13 Mar 2019 16:49:40 -0600
Subject: [CLBS] Questions re Plan modification and looking at liquidation,
	timing, etc.
Message-ID: <05d801d4d9ef$0b851830$228f4890$@roarklawboise.com>

CDCA case:

 

1.	Let's say that we're 4.5 years in to the plan, and I just realized
in the liquidation analysis we forgot to subtract out the hypothetical CH 7
trustee's fees which would reduce the amount that is required to be paid to
general unsecured creditors. I filed a motion to modify the plan along with
an application for supplemental fees. The chapter 13 trustee says we cannot
look at the mistake in the original plan liquidation analysis at this time
without also looking at the value of the assets as of modification. He says
at the hearing that "case law" supports this. My motion to modify was denied
and the court invited me to withdraw my application for fees and refile both
in light of the trustee's arguments.

 

Can anyone point me to this case law he is referring to regarding valuing
assets at modification if you are going back and addressing a mistake you
made in the liquidation analysis? (The reason he wants to do this is because
the house value has increased by $100K, and he wants to deny me my fees in
the case).

 

2.	Also, deducted as part of the liquidation analysis were fees I
earned in the original litigious chapter 7 ($28K). I applied for them under
503(b) and they were paid in the chapter 13. I had a feeling this would come
up. The CH 13 trustee noticed this now that we are looking at liquidation,
and said under no circumstances would debtor's counsel get awarded fees in
the chapter 7, so he wants to use this to increase the net equity that
should have been paid in to the estate. During the chapter 7, I had to act
as a fiduciary of the estate because the chapter 7 trustee and his counsel
would not. This had to do with probate cases I appeared in to try to
preserve assets for the estate where the chapter 7 trustee failed to do his
job. I know I was not hired by the estate (as debtor's) counsel, but are
there any exceptions at all where I would have been awarded these fees and
so could deduct them from liquidation? How about the argument that had the
trustee been doing his job, his counsel would have incurred these fees?

 

I need to get my arguments and case law together to refile these. I am so
exhausted from all the litigation in this case that the trustee invited and
made me do and now wants to deny payment to me because of a 1325(a)(4) issue
that was a mistake in calculation. 

 

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 ngh at hillenlaw.com  Wed Mar 13 17:00:22 2019
From: ngh at hillenlaw.com (Noah Hillen)
Date: Wed, 13 Mar 2019 17:00:22 -0600
Subject: [CLBS] Questions re Plan modification and looking at
	liquidation, timing, etc.
In-Reply-To: <05d801d4d9ef$0b851830$228f4890$@roarklawboise.com>
References: <05d801d4d9ef$0b851830$228f4890$@roarklawboise.com>
Message-ID: <C3C46E4B-932A-4C67-80CC-50BBDFCC418C@hillenlaw.com>

You may be able to argue your fees were permissible in the chapter 7 because you made a substantial contribution pursuant to section 503(b)(3)(D). There is, however, a split of authority as to whether this section applies in a chapter 7 case. 

> On Mar 13, 2019, at 4:49 PM, Holly Roark <holly at roarklawboise.com> wrote:
> 
> CDCA case:
> 
> 
> 
> 1.    Let's say that we're 4.5 years in to the plan, and I just realized
> in the liquidation analysis we forgot to subtract out the hypothetical CH 7
> trustee's fees which would reduce the amount that is required to be paid to
> general unsecured creditors. I filed a motion to modify the plan along with
> an application for supplemental fees. The chapter 13 trustee says we cannot
> look at the mistake in the original plan liquidation analysis at this time
> without also looking at the value of the assets as of modification. He says
> at the hearing that "case law" supports this. My motion to modify was denied
> and the court invited me to withdraw my application for fees and refile both
> in light of the trustee's arguments.
> 
> 
> 
> Can anyone point me to this case law he is referring to regarding valuing
> assets at modification if you are going back and addressing a mistake you
> made in the liquidation analysis? (The reason he wants to do this is because
> the house value has increased by $100K, and he wants to deny me my fees in
> the case).
> 
> 
> 
> 2.    Also, deducted as part of the liquidation analysis were fees I
> earned in the original litigious chapter 7 ($28K). I applied for them under
> 503(b) and they were paid in the chapter 13. I had a feeling this would come
> up. The CH 13 trustee noticed this now that we are looking at liquidation,
> and said under no circumstances would debtor's counsel get awarded fees in
> the chapter 7, so he wants to use this to increase the net equity that
> should have been paid in to the estate. During the chapter 7, I had to act
> as a fiduciary of the estate because the chapter 7 trustee and his counsel
> would not. This had to do with probate cases I appeared in to try to
> preserve assets for the estate where the chapter 7 trustee failed to do his
> job. I know I was not hired by the estate (as debtor's) counsel, but are
> there any exceptions at all where I would have been awarded these fees and
> so could deduct them from liquidation? How about the argument that had the
> trustee been doing his job, his counsel would have incurred these fees?
> 
> 
> 
> I need to get my arguments and case law together to refile these. I am so
> exhausted from all the litigation in this case that the trustee invited and
> made me do and now wants to deny payment to me because of a 1325(a)(4) issue
> that was a mistake in calculation. 
> 
> 
> 
> 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 holly at roarklawboise.com  Thu Mar 21 14:37:35 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Thu, 21 Mar 2019 14:37:35 -0600
Subject: [CLBS] Refinancing loans of debtor's related entity prior to filing
	personal ch 7?
Message-ID: <01f501d4e025$eb171fc0$c1455f40$@roarklawboise.com>

Individual debtor has an LLC (H &W). No equity in LLC. LLC has 4 loans
(total $400K), 3 are corporate lenders, and 1 is to a family member of over
$100K. Debtors want to refinance/consolidate the biz loans to have better
payment terms. I don't think this is a good idea prior to filing their
personal case. I can't seem to articulate why this is a problem, but the
thought of a family member getting paid $100K from a related entity of the
debtor prior to the debtor filing BK seems like it may raise some issues.
What am I missing here? 

 

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 rfrench at rfrenchlaw.net  Thu Mar 21 19:43:01 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Fri, 22 Mar 2019 01:43:01 +0000
Subject: [CLBS] Referral for business bk in Ogden
Message-ID: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>

Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.

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


From rfrench at rfrenchlaw.net  Thu Mar 21 19:43:06 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Fri, 22 Mar 2019 01:43:06 +0000
Subject: [CLBS] Refinancing loans of debtor's related entity prior to
 filingtpersonal ch 7?
In-Reply-To: <01f501d4e025$eb171fc0$c1455f40$@roarklawboise.com>
References: <01f501d4e025$eb171fc0$c1455f40$@roarklawboise.com>
Message-ID: <DM5PR2201MB13401FA6235CFBAB1DF1B129D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>

Do transfers that benefit an insider raise preference issues under 547?

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

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Holly Roark <holly at roarklawboise.com>
Sent: Friday, March 22, 2019 9:37:35 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Refinancing loans of debtor's related entity prior to filing personal ch 7?

Individual debtor has an LLC (H &W). No equity in LLC. LLC has 4 loans
(total $400K), 3 are corporate lenders, and 1 is to a family member of over
$100K. Debtors want to refinance/consolidate the biz loans to have better
payment terms. I don't think this is a good idea prior to filing their
personal case. I can't seem to articulate why this is a problem, but the
thought of a family member getting paid $100K from a related entity of the
debtor prior to the debtor filing BK seems like it may raise some issues.
What am I missing here?



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<http://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 rfrench at rfrenchlaw.net  Fri Mar 22 01:17:50 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Fri, 22 Mar 2019 07:17:50 +0000
Subject: [CLBS] Referral for business bk in Ogden
In-Reply-To: <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
References: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>,
 <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
Message-ID: <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>

Debtor's attorney.

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

________________________________
From: Tyler Wirick <tyler.wirick at wiricklaw.com>
Sent: Friday, March 22, 2019 3:30:55 PM
To: Randal French
Subject: Re: [CLBS] Referral for business bk in Ogden

Creditor or debtor?

Best regards,

Tyler Wirick

******NOTICE******

The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system.

> On Mar 21, 2019, at 7:43 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
>
> Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.
>
> Get Outlook for Android<https://aka.ms/ghei36>
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs


From tyler.wirick at wiricklaw.com  Fri Mar 22 10:33:33 2019
From: tyler.wirick at wiricklaw.com (Tyler Wirick)
Date: Fri, 22 Mar 2019 10:33:33 -0600
Subject: [CLBS] Referral for business bk in Ogden
In-Reply-To: <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
References: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
 <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
Message-ID: <D62B7C24-2C7D-4D8D-A881-B5BBFB99E559@wiricklaw.com>

Morrison Law Group does a pretty good job. 

Morrison Law Group:
290 25th St, STE 102
Ogden, UT 84401
Tel: (801) 392-9324


> On Mar 22, 2019, at 1:17 AM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> Debtor's attorney.
> 
> Get Outlook for Android <https://aka.ms/ghei36>
> From: Tyler Wirick <tyler.wirick at wiricklaw.com>
> Sent: Friday, March 22, 2019 3:30:55 PM
> To: Randal French
> Subject: Re: [CLBS] Referral for business bk in Ogden
>  
> Creditor or debtor?
> 
> Best regards,
> 
> Tyler Wirick
> 
> ******NOTICE******
> 
> The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system.
> 
> > On Mar 21, 2019, at 7:43 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> > 
> > Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.
> > 
> > Get Outlook for Android<https://aka.ms/ghei36 <https://aka.ms/ghei36>>
> > 
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > http://admws.idaho.gov/mailman/listinfo/clbs <http://admws.idaho.gov/mailman/listinfo/clbs>

From jlefevre at crowleyfleck.com  Fri Mar 22 10:41:26 2019
From: jlefevre at crowleyfleck.com (Jared M. Le Fevre)
Date: Fri, 22 Mar 2019 16:41:26 +0000
Subject: [CLBS] Referral for business bk in Ogden
In-Reply-To: <D62B7C24-2C7D-4D8D-A881-B5BBFB99E559@wiricklaw.com>
References: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
 <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <D62B7C24-2C7D-4D8D-A881-B5BBFB99E559@wiricklaw.com>
Message-ID: <BL0PR1701MB243635C0D39472BF1AA3B4F8AA430@BL0PR1701MB2436.namprd17.prod.outlook.com>

https://www.princeyeates.com/Ted-Cundick/

Ted Cundick in SLC practices throughout Utah.  Very good debtor's attorney.


Jared M. Le Fevre
Crowley Fleck PLLP
PARTNER 
490 North 31st Street, Suite 500
Billings, MT 59101
DIRECT 406.255.7323; FAX 406.252.3181
JLEFEVRE at CROWLEYFLECK.COM
Licensed in Montana, North Dakota, Wyoming, Idaho and Utah


OFFICES:? 
BILLINGS?? BISMARCK?? BOZEMAN?? BUTTE?? CASPER?? CHEYENNE?? HELENA?? KALISPELL?? MISSOULA?? SHERIDAN?? WILLISTON

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Tyler Wirick
Sent: Friday, March 22, 2019 10:34 AM
To: Randal French <rfrench at rfrenchlaw.net>
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Referral for business bk in Ogden

This message was received from an external email account. Please use caution when opening messages or links from unknown senders.


Morrison Law Group does a pretty good job. 

Morrison Law Group:
290 25th St, STE 102
Ogden, UT 84401
Tel: (801) 392-9324


> On Mar 22, 2019, at 1:17 AM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> Debtor's attorney.
> 
> Get Outlook for Android <https://aka.ms/ghei36>
> From: Tyler Wirick <tyler.wirick at wiricklaw.com>
> Sent: Friday, March 22, 2019 3:30:55 PM
> To: Randal French
> Subject: Re: [CLBS] Referral for business bk in Ogden
>  
> Creditor or debtor?
> 
> Best regards,
> 
> Tyler Wirick
> 
> ******NOTICE******
> 
> The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system.
> 
> > On Mar 21, 2019, at 7:43 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> > 
> > Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.
> > 
> > Get Outlook for Android<https://aka.ms/ghei36 <https://aka.ms/ghei36>>
> > 
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > http://admws.idaho.gov/mailman/listinfo/clbs <http://admws.idaho.gov/mailman/listinfo/clbs>
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

NOTICE: This electronic mail transmission may constitute an Attorney-Client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling Crowley Fleck PLLP, 406-252-3441, so that our address record can be corrected. 

This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com


From doneill at idalaw.com  Fri Mar 22 10:49:12 2019
From: doneill at idalaw.com (Derrick O'Neill)
Date: Fri, 22 Mar 2019 16:49:12 +0000
Subject: [CLBS] Referral for business bk in Ogden
In-Reply-To: <BL0PR1701MB243635C0D39472BF1AA3B4F8AA430@BL0PR1701MB2436.namprd17.prod.outlook.com>
References: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
 <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <D62B7C24-2C7D-4D8D-A881-B5BBFB99E559@wiricklaw.com>
 <BL0PR1701MB243635C0D39472BF1AA3B4F8AA430@BL0PR1701MB2436.namprd17.prod.outlook.com>
Message-ID: <3428260b5b1044a48845a6857b659f60@idalaw.com>

Our old friend Brian Langford is practicing and still representing debtors, just up the road in Provo.

MACARTHUR HEDER & METLER
4844 N 300 W, Suite 300
Provo, UT 84604
Contact
Tel: 801.377.1900
Toll-Free: 866.427.1900
Fax: 801.377.1901

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Jared M. Le Fevre
Sent: Friday, March 22, 2019 10:41 AM
To: Tyler Wirick <tyler.wirick at wiricklaw.com>; Randal French <rfrench at rfrenchlaw.net>
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Referral for business bk in Ogden

https://www.princeyeates.com/Ted-Cundick/

Ted Cundick in SLC practices throughout Utah.  Very good debtor's attorney.


Jared M. Le Fevre
Crowley Fleck PLLP
PARTNER 
490 North 31st Street, Suite 500
Billings, MT 59101
DIRECT 406.255.7323; FAX 406.252.3181
JLEFEVRE at CROWLEYFLECK.COM
Licensed in Montana, North Dakota, Wyoming, Idaho and Utah


OFFICES:? 
BILLINGS?? BISMARCK?? BOZEMAN?? BUTTE?? CASPER?? CHEYENNE?? HELENA?? KALISPELL?? MISSOULA?? SHERIDAN?? WILLISTON

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Tyler Wirick
Sent: Friday, March 22, 2019 10:34 AM
To: Randal French <rfrench at rfrenchlaw.net>
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Referral for business bk in Ogden

This message was received from an external email account. Please use caution when opening messages or links from unknown senders.


Morrison Law Group does a pretty good job. 

Morrison Law Group:
290 25th St, STE 102
Ogden, UT 84401
Tel: (801) 392-9324


> On Mar 22, 2019, at 1:17 AM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> Debtor's attorney.
> 
> Get Outlook for Android <https://aka.ms/ghei36>
> From: Tyler Wirick <tyler.wirick at wiricklaw.com>
> Sent: Friday, March 22, 2019 3:30:55 PM
> To: Randal French
> Subject: Re: [CLBS] Referral for business bk in Ogden
>  
> Creditor or debtor?
> 
> Best regards,
> 
> Tyler Wirick
> 
> ******NOTICE******
> 
> The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system.
> 
> > On Mar 21, 2019, at 7:43 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> > 
> > Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.
> > 
> > Get Outlook for Android<https://aka.ms/ghei36 <https://aka.ms/ghei36>>
> > 
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > http://admws.idaho.gov/mailman/listinfo/clbs <http://admws.idaho.gov/mailman/listinfo/clbs>
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

NOTICE: This electronic mail transmission may constitute an Attorney-Client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling Crowley Fleck PLLP, 406-252-3441, so that our address record can be corrected. 

This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com

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

From brian at hwmlawfirm.com  Fri Mar 22 10:48:54 2019
From: brian at hwmlawfirm.com (Brian Porter)
Date: Fri, 22 Mar 2019 16:48:54 +0000
Subject: [CLBS] Referral for business bk in Ogden
In-Reply-To: <BL0PR1701MB243635C0D39472BF1AA3B4F8AA430@BL0PR1701MB2436.namprd17.prod.outlook.com>
References: <DM5PR2201MB13402396AACF5DEDABE250A5D1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <401D8E51-5DC3-48AA-9187-0B0FEC30184F@wiricklaw.com>
 <DM5PR2201MB1340C861D06664AE73E79ABBD1430@DM5PR2201MB1340.namprd22.prod.outlook.com>
 <D62B7C24-2C7D-4D8D-A881-B5BBFB99E559@wiricklaw.com>
 <BL0PR1701MB243635C0D39472BF1AA3B4F8AA430@BL0PR1701MB2436.namprd17.prod.outlook.com>
Message-ID: <CY4PR2001MB1877C6D42F92F652D596052ADB430@CY4PR2001MB1877.namprd20.prod.outlook.com>

Second for Morrison law group. I was actually an associate with them right out of law school. They know their stuff. I'm also based out of salt lake and know the Debtor's bar down here well, if you need any other suggestions, let me know. 


Brian J. Porter
Bankruptcy and Foreclosure Attorney 
376 East 400 South, Ste 300
Salt Lake City, Utah 84111
Phone: 801-355-2886
www.hwmlawfirm.com



Idaho | Montana | North Dakota | South Dakota | Utah | Wyoming





-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Jared M. Le Fevre
Sent: Friday, March 22, 2019 10:41 AM
To: Tyler Wirick <tyler.wirick at wiricklaw.com>; Randal French <rfrench at rfrenchlaw.net>
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Referral for business bk in Ogden

https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.princeyeates.com%2FTed-Cundick%2F&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=EujoJw1tnEROuq0CVWhf41I2dlpPlfPVmUhsJIhNTaY%3D&amp;reserved=0

Ted Cundick in SLC practices throughout Utah.  Very good debtor's attorney.


Jared M. Le Fevre
Crowley Fleck PLLP
PARTNER 
490 North 31st Street, Suite 500
Billings, MT 59101
DIRECT 406.255.7323; FAX 406.252.3181
JLEFEVRE at CROWLEYFLECK.COM
Licensed in Montana, North Dakota, Wyoming, Idaho and Utah


OFFICES:? 
BILLINGS?? BISMARCK?? BOZEMAN?? BUTTE?? CASPER?? CHEYENNE?? HELENA?? KALISPELL?? MISSOULA?? SHERIDAN?? WILLISTON

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Tyler Wirick
Sent: Friday, March 22, 2019 10:34 AM
To: Randal French <rfrench at rfrenchlaw.net>
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Referral for business bk in Ogden

This message was received from an external email account. Please use caution when opening messages or links from unknown senders.


Morrison Law Group does a pretty good job. 

Morrison Law Group:
290 25th St, STE 102
Ogden, UT 84401
Tel: (801) 392-9324


> On Mar 22, 2019, at 1:17 AM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> Debtor's attorney.
> 
> Get Outlook for Android <https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fghei36&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=HNNkEW4i2DutpJIY2d7aMYv%2BValszkbXPWQyfcdNlY8%3D&amp;reserved=0>
> From: Tyler Wirick <tyler.wirick at wiricklaw.com>
> Sent: Friday, March 22, 2019 3:30:55 PM
> To: Randal French
> Subject: Re: [CLBS] Referral for business bk in Ogden
>  
> Creditor or debtor?
> 
> Best regards,
> 
> Tyler Wirick
> 
> ******NOTICE******
> 
> The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the original message from your system.
> 
> > On Mar 21, 2019, at 7:43 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> > 
> > Could anyone give me the name of a good experience business bankruptcy attorney in the Logan/Ogden Utah area?  Thanks.
> > 
> > Get Outlook for Android<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fghei36&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=HNNkEW4i2DutpJIY2d7aMYv%2BValszkbXPWQyfcdNlY8%3D&amp;reserved=0 <https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fghei36&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=HNNkEW4i2DutpJIY2d7aMYv%2BValszkbXPWQyfcdNlY8%3D&amp;reserved=0>>
> > 
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadmws.idaho.gov%2Fmailman%2Flistinfo%2Fclbs&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=AyOoFkHl4jmX8xHqatNiqSWWRfpgexzdZfI857vkCLc%3D&amp;reserved=0 <https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadmws.idaho.gov%2Fmailman%2Flistinfo%2Fclbs&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=AyOoFkHl4jmX8xHqatNiqSWWRfpgexzdZfI857vkCLc%3D&amp;reserved=0>
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadmws.idaho.gov%2Fmailman%2Flistinfo%2Fclbs&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=AyOoFkHl4jmX8xHqatNiqSWWRfpgexzdZfI857vkCLc%3D&amp;reserved=0

NOTICE: This electronic mail transmission may constitute an Attorney-Client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling Crowley Fleck PLLP, 406-252-3441, so that our address record can be corrected. 

This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mimecast.com&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=dqu6M0nlwsyXYAFYwVQWaVKTpKAzfwQii4zlpRhGbRk%3D&amp;reserved=0

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fadmws.idaho.gov%2Fmailman%2Flistinfo%2Fclbs&amp;data=01%7C01%7Cbrian%40hwmlawfirm.com%7Cf9c0929227f74d7233ee08d6aee53f22%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0&amp;sdata=AyOoFkHl4jmX8xHqatNiqSWWRfpgexzdZfI857vkCLc%3D&amp;reserved=0

From PGeile at foleyfreeman.com  Fri Mar 22 11:15:44 2019
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Fri, 22 Mar 2019 17:15:44 +0000
Subject: [CLBS] call for monthly tip writers
Message-ID: <BYAPR19MB22969BFB67C91519EA82CDCAA8430@BYAPR19MB2296.namprd19.prod.outlook.com>

Good afternoon,

As you are aware our section will be sponsoring the advocate later this year.  We do not plan on putting out a newsletter.  Instead, we discussed a monthly tip, such as a commercial law or bankruptcy case summary.

I am calling for 9 volunteers to write a short email tip for each month left in the year, limited to a couple paragraphs.

Let me know general thoughts and if anyone would like to write something.

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  Fri Mar 22 15:57:09 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Fri, 22 Mar 2019 15:57:09 -0600
Subject: [CLBS] Can I represent both an LLC and a principal? What kind of
	waivers do I need?
Message-ID: <04f901d4e0fa$32ba4120$982ec360$@roarklawboise.com>

I've got an LLC with 2 members. Can I represent both the LLC and one of the
principals (who signed personal guarantees)? There is no litigation yet, but
I am doing some transactional work for the LLC, and may have to do a BK for
the principal and/or defend him in civil court if he is sued. Does anyone
have a sample of conflict waivers for this type of situation you can share
with me? Or any horror story as to why I should not do this? I appreciate
all guidance on this. 

 

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 rfrench at rfrenchlaw.net  Fri Mar 22 18:30:30 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Sat, 23 Mar 2019 00:30:30 +0000
Subject: [CLBS] Can I represent both an LLC and a principal? What kind
 oftwaivers do I need?
In-Reply-To: <04f901d4e0fa$32ba4120$982ec360$@roarklawboise.com>
References: <04f901d4e0fa$32ba4120$982ec360$@roarklawboise.com>
Message-ID: <CY4PR2201MB13351D0E7FF2817C86891C96D15C0@CY4PR2201MB1335.namprd22.prod.outlook.com>

In a ch 7 or ch 13, yes.  In a ch 11 or 12, no. Representing both in ch 11 or 12 is a conflict of interest between representing the estate and being paid from the estate. Which requires employment approval per 327, and representing the conflicting interest of the principal/guarantor.

Not usually an issue in ch 7 or 13 because no approval per 327 is required. Then its BBCack to basic rules of professional conduct addressing representation of multiple patties.

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

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Holly Roark <holly at roarklawboise.com>
Sent: Saturday, March 23, 2019 10:57:09 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Can I represent both an LLC and a principal? What kind of waivers do I need?

I've got an LLC with 2 members. Can I represent both the LLC and one of the
principals (who signed personal guarantees)? There is no litigation yet, but
I am doing some transactional work for the LLC, and may have to do a BK for
the principal and/or defend him in civil court if he is sued. Does anyone
have a sample of conflict waivers for this type of situation you can share
with me? Or any horror story as to why I should not do this? I appreciate
all guidance on this.



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<http://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 holly at roarklawboise.com  Fri Mar 22 18:50:49 2019
From: holly at roarklawboise.com (Holly Roark)
Date: Fri, 22 Mar 2019 18:50:49 -0600
Subject: [CLBS] Can I represent both an LLC and a principal? What kind
	oftwaivers do I need?
In-Reply-To: <CY4PR2201MB13351D0E7FF2817C86891C96D15C0@CY4PR2201MB1335.namprd22.prod.outlook.com>
References: <04f901d4e0fa$32ba4120$982ec360$@roarklawboise.com>
 <CY4PR2201MB13351D0E7FF2817C86891C96D15C0@CY4PR2201MB1335.namprd22.prod.outlook.com>
Message-ID: <89960BA8-F3E2-4FE8-B935-67B2C8301E66@roarklawboise.com>

Thank you. What if neither the principal or the LLC has to do a BK and I?m just defending them in civil court? 

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

> On Mar 22, 2019, at 6:30 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> In a ch 7 or ch 13, yes.  In a ch 11 or 12, no. Representing both in ch 11 or 12 is a conflict of interest between representing the estate and being paid from the estate. Which requires employment approval per 327, and representing the conflicting interest of the principal/guarantor.
> 
> Not usually an issue in ch 7 or 13 because no approval per 327 is required. Then its BBCack to basic rules of professional conduct addressing representation of multiple patties.
> 
> Get Outlook for Android
> 
> From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Holly Roark <holly at roarklawboise.com>
> Sent: Saturday, March 23, 2019 10:57:09 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Can I represent both an LLC and a principal? What kind of waivers do I need?
>  
> I've got an LLC with 2 members. Can I represent both the LLC and one of the
> principals (who signed personal guarantees)? There is no litigation yet, but
> I am doing some transactional work for the LLC, and may have to do a BK for
> the principal and/or defend him in civil court if he is sued. Does anyone
> have a sample of conflict waivers for this type of situation you can share
> with me? Or any horror story as to why I should not do this? I appreciate
> all guidance on this. 
> 
>  
> 
> 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 rfrench at rfrenchlaw.net  Sat Mar 23 07:51:44 2019
From: rfrench at rfrenchlaw.net (Randal French)
Date: Sat, 23 Mar 2019 13:51:44 +0000
Subject: [CLBS] Can I represent both an LLC and a principal? What kind
 oftwaivers do I need?
In-Reply-To: <89960BA8-F3E2-4FE8-B935-67B2C8301E66@roarklawboise.com>
References: <04f901d4e0fa$32ba4120$982ec360$@roarklawboise.com>
 <CY4PR2201MB13351D0E7FF2817C86891C96D15C0@CY4PR2201MB1335.namprd22.prod.outlook.com>,
 <89960BA8-F3E2-4FE8-B935-67B2C8301E66@roarklawboise.com>
Message-ID: <DM5PR2201MB1340068F6A4524B9944E43E7D15C0@DM5PR2201MB1340.namprd22.prod.outlook.com>

Then Idaho Rules of Professional Conduct apply and question is whether any conflicts are waivable.

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

________________________________
From: Holly Roark <holly at roarklawboise.com>
Sent: Friday, March 22, 2019 5:50:49 PM
To: Randal French
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Can I represent both an LLC and a principal? What kind oftwaivers do I need?

Thank you. What if neither the principal or the LLC has to do a BK and I?m just defending them in civil court?

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<mailto:holly at roarklawoffices.com>

*Cycle Sport Lawyer: www.cyclesportlawyer.com<http://www.cyclesportlawyer.com>

*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
www.bankruptcyattorneyinlosangeles.net<http://www.bankruptcyattorneyinlosangeles.net>

Sent from my iPhone

On Mar 22, 2019, at 6:30 PM, Randal French <rfrench at rfrenchlaw.net<mailto:rfrench at rfrenchlaw.net>> wrote:

In a ch 7 or ch 13, yes.  In a ch 11 or 12, no. Representing both in ch 11 or 12 is a conflict of interest between representing the estate and being paid from the estate. Which requires employment approval per 327, and representing the conflicting interest of the principal/guarantor.

Not usually an issue in ch 7 or 13 because no approval per 327 is required. Then its BBCack to basic rules of professional conduct addressing representation of multiple patties.

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

________________________________
From: CLBS <clbs-bounces at admws.idaho.gov<mailto:clbs-bounces at admws.idaho.gov>> on behalf of Holly Roark <holly at roarklawboise.com<mailto:holly at roarklawboise.com>>
Sent: Saturday, March 23, 2019 10:57:09 AM
To: clbs at admws.idaho.gov<mailto:clbs at admws.idaho.gov>
Subject: [CLBS] Can I represent both an LLC and a principal? What kind of waivers do I need?

I've got an LLC with 2 members. Can I represent both the LLC and one of the
principals (who signed personal guarantees)? There is no litigation yet, but
I am doing some transactional work for the LLC, and may have to do a BK for
the principal and/or defend him in civil court if he is sued. Does anyone
have a sample of conflict waivers for this type of situation you can share
with me? Or any horror story as to why I should not do this? I appreciate
all guidance on this.



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<mailto:holly at roarklawboise.com> Website:
<http://www.roarklawboise.com/> www.roarklawboise.com<http://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<mailto:CLBS at admws.idaho.gov>
http://admws.idaho.gov/mailman/listinfo/clbs

From lburri at morrowfischer.com  Tue Mar 26 11:32:37 2019
From: lburri at morrowfischer.com (Laura Burri)
Date: Tue, 26 Mar 2019 17:32:37 +0000
Subject: [CLBS] Nevada Probate Attorney
Message-ID: <MWHPR1201MB247718AEFD134369D73BA0C7DD5F0@MWHPR1201MB2477.namprd12.prod.outlook.com>

Slightly off the bankruptcy subject, but, I have a client that needs to file a claim in a Nevada probate case based in Las Vegas. Do any of you have any recommendations? Thank you.

Laura E. Burri
Attorney at Law
[M&F-sm-RGB]
   332 North Broadmore Way, Suite 102
  Nampa, Idaho 83687
  Phone (208) 475-2200
  Fax      (208) 475-2201
  lburri at morrowfischer.com<mailto:lburri at morrowfischer.com>


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From holly at bankruptcylawid.com  Wed Mar 27 11:47:32 2019
From: holly at bankruptcylawid.com (holly at bankruptcylawid.com)
Date: Wed, 27 Mar 2019 10:47:32 -0700
Subject: [CLBS] Student Loans in a Chapter 7
Message-ID: <20190327104732.3b804be37d8ac9c2e521ef928a5222c6.04056904c4.mailapi@email18.secureserver.net>

I have a client that will be filing a Chapter 7 bankruptcy; however, she needs to apply for student loans. Have any of you had clients that were unable to receive student loans while in an active bankruptcy? If she is approved for student loans and then files, is she less likely to be approved for the next semester. Any thoughts, strategies, or experiences would be appreciated.
 
Thanks.
 
Holly Sutherland
Attorney and Counselor at Law
3090 E. Gentry Way, Ste. 150
Meridian, ID 83642
(208) 884-1928
holly at bankruptcylawid.com

From chad at angstman.com  Thu Mar 28 12:51:18 2019
From: chad at angstman.com (Chad Moody)
Date: Thu, 28 Mar 2019 18:51:18 +0000
Subject: [CLBS]  Merchant Account MATCH/TMF List
Message-ID: <MWHPR16MB1421094A881AEA387B12F548B6590@MWHPR16MB1421.namprd16.prod.outlook.com>

Does anyone have experience with representing businesses with merchant accounts disputing placement on the MATCH (formally the TMF) list?  I understand that this file/list is used by MasterCard and Visa processing banks to identify specific merchants and principals who have already been terminated.  From my research thus far, the "TMF", or MATCH list, essentially functions like a blacklist, once a merchant is on this list it is highly unlikely that future merchant account applications will be approved.  I also understand disputing such a placement is complex with low chances of success depending on the circumstances.

Any attorney referrals or recommendations would be appreciated.

Chad R. Moody
Attorney at Law

ANGSTMAN JOHNSON
199 N. Capitol Blvd., Suite 200,
Boise, ID  83702
Phone: 208-384-8588
Fax: 208-853-0117
Chad at angstman.com<mailto:Chad at angstman.com>
www.angstman.com<http://www.angstman.com/>



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