From holly at roarklawboise.com Tue Dec 1 11:00:10 2020 From: holly at roarklawboise.com (Holly Roark) Date: Tue, 1 Dec 2020 11:00:10 -0700 Subject: [CLBS] Judge Hillen's telephonic instructions? Message-ID: <043b01d6c80b$cfc72a60$6f557f20$@roarklawboise.com> Does anyone have these? 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: holly at roarklawboise.com *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 rgreenwood at greenwoodlaw.com Tue Dec 1 11:25:55 2020 From: rgreenwood at greenwoodlaw.com (Richard Greenwood) Date: Tue, 1 Dec 2020 11:25:55 -0700 Subject: [CLBS] Judge Hillen's telephonic instructions? In-Reply-To: <043b01d6c80b$cfc72a60$6f557f20$@roarklawboise.com> References: <043b01d6c80b$cfc72a60$6f557f20$@roarklawboise.com> Message-ID: <21d78aba-2432-274c-929f-45531c91c4f4@greenwoodlaw.com> Suggest you start with contacting his courtroom deputy. From the BK Court website [https://www.id.uscourts.gov/bankruptcy/judges/hillen/Preliminary_Matters.cfm]: *Telephone Conferences* Due to?the COVID-19 pandemic, Judge Hillen will conduct all non-evidentiary hearings telephonically through the end of 2020. Under normal circumstances, Judge Hillen's telephone conferences are generally limited to adversary pretrial conferences or, on rare occasions, emergency hearings where no evidence or testimony is involved.? Telephone conferences must be arranged through the courtroom deputy. On 12/1/2020 11:00 AM, Holly Roark wrote: > Does anyone have these? 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: holly at roarklawboise.com > > > > *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 shawngmillerlaw at gmail.com Thu Dec 10 12:20:55 2020 From: shawngmillerlaw at gmail.com (Shawn Miller) Date: Thu, 10 Dec 2020 12:20:55 -0700 Subject: [CLBS] (no subject) Message-ID: Hello listmates, I spoke with a new client who filed a chapter 7 in 2017 to discharge a couple of Judgments for credit card debt. Judgments were recorded but clients didn't own any real property at the time they filed the Chapter 7 so there were no judgment liens created and the judgments were discharged. Now clients are trying to buy a house but the title company won't close because of one of the judgments, referring to it as a lien, until the Judgment is removed or paid. The Collection agency, although not actively trying to collect on the judgment, refuses to remove the judgment. I need some insight on what options are available for my clients to remove the judgment. Thanks for thoughts and recommendations Shawn -- 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 Dec 10 12:57:54 2020 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Thu, 10 Dec 2020 19:57:54 +0000 Subject: [CLBS] (no subject) In-Reply-To: References: Message-ID: There's a Judge Myers case on point. You might have to reopen it if you can't get the title company to get with it. If it's TitleOne or First American, they have house counsel who knows what's going on. Stewart not so much. But the law is pretty clear on this point that it is NOT a cloud on the title. D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 967 E. Parkcenter Blvd., #282 Boise, ID 83706 Phone: 208-475-2050 Fax: 208-475-2055 Cel: 208-863-2505 -----Original Message----- From: CLBS On Behalf Of Shawn Miller Sent: Thursday, December 10, 2020 12:21 PM To: Bankruptcy list Subject: [CLBS] (no subject) Hello listmates, I spoke with a new client who filed a chapter 7 in 2017 to discharge a couple of Judgments for credit card debt. Judgments were recorded but clients didn't own any real property at the time they filed the Chapter 7 so there were no judgment liens created and the judgments were discharged. Now clients are trying to buy a house but the title company won't close because of one of the judgments, referring to it as a lien, until the Judgment is removed or paid. The Collection agency, although not actively trying to collect on the judgment, refuses to remove the judgment. I need some insight on what options are available for my clients to remove the judgment. Thanks for thoughts and recommendations Shawn -- 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 -------------- A non-text attachment was scrubbed... Name: Judgment or statutory lien not attach property acquired after BK-Judge Myers-Williams-Mechling v Bonner County 284 BR 127.pdf Type: application/pdf Size: 36634 bytes Desc: Judgment or statutory lien not attach property acquired after BK-Judge Myers-Williams-Mechling v Bonner County 284 BR 127.pdf URL: From alex at cavallawoffice.com Thu Dec 10 13:35:12 2020 From: alex at cavallawoffice.com (Alexandra Caval) Date: Thu, 10 Dec 2020 13:35:12 -0700 Subject: [CLBS] (no subject) In-Reply-To: References: Message-ID: I would reopen the case and avoid the judgment lien under 522(f). Instead of avoiding the lien for impairing the homestead exemption I've used the household goods & furnishings exemption as the impaired exemption. After you get the order avoid the lien you then just record it. I did this a few months ago while a ch 7 case was open rather than reopening a closed case. I think this is easier than dealing with the title company. ~Alex On Thu, Dec 10, 2020 at 12:21 PM Shawn Miller wrote: > Hello listmates, > > I spoke with a new client who filed a chapter 7 in 2017 to discharge a > couple of Judgments for credit card debt. Judgments were recorded but > clients didn't own any real property at the time they filed the Chapter 7 > so there were no judgment liens created and the judgments were discharged. > Now clients are trying to buy a house but the title company won't close > because of one of the judgments, referring to it as a lien, until the > Judgment is removed or paid. The Collection agency, although not actively > trying to collect on the judgment, refuses to remove the judgment. I need > some insight on what options are available for my clients to remove the > judgment. > > Thanks for thoughts and recommendations > > Shawn > > -- > 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 > -- Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com *PRIVILEGE AND CONFIDENTIALITY NOTICE* This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. -------------- next part -------------- A non-text attachment was scrubbed... Name: 19_Motion_to_Avoid_Lien.pdf Type: application/pdf Size: 191061 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 19_Motion_to_Avoid_Lien(1).pdf Type: application/pdf Size: 40966 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 22_Order_on_Motion_to_Avoid_Lien.pdf Type: application/pdf Size: 162421 bytes Desc: not available URL: From holly at roarklawboise.com Mon Dec 14 08:49:43 2020 From: holly at roarklawboise.com (Holly Roark) Date: Mon, 14 Dec 2020 08:49:43 -0700 Subject: [CLBS] Employee Income Records docket Message-ID: <8f8901d6d230$be350fe0$3a9f2fa0$@roarklawboise.com> When the debtors are not employed, do you file a document under the Employee Income Records docket stating that the debtors are not employed, or do you not file anything? I've been filing a placeholder document saying that the debtors are not employed, but I recently just tried not filing anything (to see what happens) because it's clear from the schedules the debtors are unemployed. I got a deficiency notice, so I guess I'll file a statement saying they're unemployed. What do you all do? Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: holly at roarklawboise.com *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. From PGeile at foleyfreeman.com Wed Dec 16 16:30:50 2020 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Wed, 16 Dec 2020 23:30:50 +0000 Subject: [CLBS] Form Chapter 11 and Sub Chapter V plan Message-ID: Good afternoon, The board seeks input from our section on the concept of form plans for chapter 11 and sub chapter 5 plans. 1) Do you support or not support them and why; and 2) Do you already use form plans; can you send them to everyone; and what other districts have good form plans we can look at. We appreciate everyone's input. You can respond to everyone or just me. And don't forget the annual conference is coming up February 5th!!!!! Patrick J. Geile Attorney [cid:image003.png at 01D6D3C8.D065F0F0] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: www.foleyfreeman.com Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 7837 bytes Desc: image003.png URL: From ajt at aaronjtolsonlaw.com Mon Dec 21 17:51:53 2020 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Mon, 21 Dec 2020 17:51:53 -0700 Subject: [CLBS] Mind blown here, curious what you think Message-ID: Stern v. Marshall said Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter a final judgment on a state law counterclaim that is not resolved in the process of ruling on a creditor?s proof of claim. But what about if an Article 3 District Judge also serves as a bankruptcy Judge, as is the case in some places. It would seem to me that in that case they could enter a final judgment. -- Aaron J. Tolson 2677 E. 17th St. #300 Ammon, ID. 83406 208-228-5221 This a privileged communication. Please advise if you received it in error. From jpk at kam13trustee.com Tue Dec 22 10:41:01 2020 From: jpk at kam13trustee.com (Jeffrey Kaufman) Date: Tue, 22 Dec 2020 17:41:01 +0000 Subject: [CLBS] The Consolidated Appropriations Act, 2021 Message-ID: Congress has passed the Consolidated Appropriations Act, 2021 with overwhelming support in both houses (92-6 & 359-53). The provisions of this act that pertain to bankruptcy can be found on pages 5350-5364 of the .pdf. Take a look. The extensions and relief provided appear focused on housing for debtors. Of note, there is no extension of the CARES Act provision allowing for 84 month modified plans for those plans originally confirmed by March 27, 2020. Per a fresh AP article, the bill has been sent to the President for his signature, which "is expected in the coming days." Link to bill: https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf. Link to AP article: https://apnews.com/article/900b-coronavirus-relief-bill-passed-a38250860a0e720bde8481fe1aab744b The more you know..... Cordially, Jeffrey P. Kaufman Staff Attorney, Kathleen A. McCallister, Chapter 13 Trustee PO Box 1150 Meridian, ID 83680 P.208.922.5100 F.208.922.5599 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. Nothing in this message should be construed as legal advice. 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 jpk at kam13trustee.com Tue Dec 22 14:15:13 2020 From: jpk at kam13trustee.com (Jeffrey Kaufman) Date: Tue, 22 Dec 2020 21:15:13 +0000 Subject: [CLBS] FW: The Consolidated Appropriations Act, 2021 In-Reply-To: References: Message-ID: Upon further review, I also note that there is some additional amendments to the bankruptcy code with regards to PPP loans (or this legislation's equivalent) on pages 2106 of the .pdf. Here's the link again: https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf Cordially, Jeffrey P. Kaufman Staff Attorney, Kathleen A. McCallister, Chapter 13 Trustee PO Box 1150 Meridian, ID 83680 P.208.922.5100 F.208.922.5599 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. Nothing in this message should be construed as legal advice. 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. -----Original Message----- From: CLBS On Behalf Of Jeffrey Kaufman Sent: Tuesday, December 22, 2020 10:41 AM To: clbs at admws.idaho.gov Subject: [CLBS] The Consolidated Appropriations Act, 2021 Congress has passed the Consolidated Appropriations Act, 2021 with overwhelming support in both houses (92-6 & 359-53). The provisions of this act that pertain to bankruptcy can be found on pages 5350-5364 of the .pdf. Take a look. The extensions and relief provided appear focused on housing for debtors. Of note, there is no extension of the CARES Act provision allowing for 84 month modified plans for those plans originally confirmed by March 27, 2020. Per a fresh AP article, the bill has been sent to the President for his signature, which "is expected in the coming days." Link to bill: https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf. Link to AP article: https://apnews.com/article/900b-coronavirus-relief-bill-passed-a38250860a0e720bde8481fe1aab744b The more you know..... Cordially, Jeffrey P. Kaufman Staff Attorney, Kathleen A. McCallister, Chapter 13 Trustee PO Box 1150 Meridian, ID 83680 P.208.922.5100 F.208.922.5599 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. Nothing in this message should be construed as legal advice. 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. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From RFaucher at hollandhart.com Tue Dec 29 09:32:39 2020 From: RFaucher at hollandhart.com (Robert Faucher) Date: Tue, 29 Dec 2020 16:32:39 +0000 Subject: [CLBS] 2021 ISB Commercial Law and Bankruptcy Events Message-ID: <9c39174080e7472caf71b7b902730172@VHHEXMB01.hollandhart.com> Colleagues, The Commercial Law and Bankruptcy section of the bar is excited about 2021. Please plan on attending two great events upcoming soon: Judges' Presentation on Video Hearings, January 6, 2021 (11:45 a.m. MST) Chief Bankruptcy Judge Joseph Meier and Bankruptcy Judge Noah Hillen have asked us to join them as they lead a discussion of our new reality: video evidentiary hearings. You can't miss this one. Find the details on the attached pdf. No registration required! No cost! Annual Meeting, February 5, 2021 (all day) As you know, our annual meeting will be virtual this year. Participate from the comfort of your own home/office. The one-day event is scheduled for February 5, 2021. Register here: https://isb.idaho.gov/events/event/39th-annual-commercial-law-and-bankruptcy-seminar-live-webcast/ Our thanks go out to Tecla Druffel, who, as the Vice-Chair of the Board, is responsible for putting together this great event. It features our own judges, Senator Kelly Anthon, and some of our favorite visitors such as Tara Twomey; Chief Judge Hursh; and Chief Judge Holt. And make sure you stay for the cocktail hour-resident funnyman Patrick Geile is promising his usual high jinks. See you in the New Year! Bob Robert A. Faucher Holland & Hart LLP 800 W. Main St., Suite 1750 Boise, ID 83702 Phone (208) 383-3941 (dd) (208) 283-6781 (m) Fax (208) 343-8869 E-Mail: rfaucher at hollandhart.com [cid:image001.gif at 01D6DD31.7D58DCC0] 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. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 3241 bytes Desc: image001.gif URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Bankruptcy Zoom Hearings.pdf Type: application/pdf Size: 194950 bytes Desc: Bankruptcy Zoom Hearings.pdf URL: