From paul at idbankruptcylaw.com Sat Jun 13 08:02:38 2020 From: paul at idbankruptcylaw.com (Paul Ross) Date: Sat, 13 Jun 2020 08:02:38 -0600 Subject: [CLBS] Extending Telephonic 341 Hearings w Exception Message-ID: *IMPORTANT NOTICE**U.S. TRUSTEE PROGRAM EXTENDS TELEPHONIC OR VIDEO SECTION 341 MEETINGS TO CASES FILED THROUGH OCTOBER 10, 2020*June 12, 2020 The U.S. Trustee Program is extending the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed through October 10, 2020. However, if the responsible U.S. Trustee or case trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or protection of estate property, the U.S. Trustee may approve the continuation of the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance. https://www.justice.gov/ust/Local_341_Meeting_Status From kam at kam13trustee.com Mon Jun 15 15:31:52 2020 From: kam at kam13trustee.com (Kathleen McCallister) Date: Mon, 15 Jun 2020 21:31:52 +0000 Subject: [CLBS] IRS and Potential Stale Dated Checks Message-ID: Please be advised that the IRS contacted the USTP regarding the possibility that trustee distribution checks may become stale because of limited staff to process mail and deposits at IRS offices due to the COVID-19 pandemic. In some instances where cases have completed or dismissed , trustee's final reports and accounts will be delayed as we are waiting the ninety days for those checks to stale, reissuing, and then waiting for them to clear before we can file a final report. Thank-you for your courtesy, Kathleen McCallister Chapter 13 Trustee PO Box 1150 Meridian, ID 83680 208-922-5100 phone 208-922-5599 fax 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 tecla.druffel at gmail.com Thu Jun 18 11:55:56 2020 From: tecla.druffel at gmail.com (Tecla Druffel) Date: Thu, 18 Jun 2020 10:55:56 -0700 Subject: [CLBS] Debtors wish to sell house during Ch. 13-- may they use the money however they want? Message-ID: Debtors are in a confirmed Ch. 13 plan. On date of filing, debtors asserted automatic homestead exemption on residence located in Idaho. There were no objections raised to the claim of exemption. Now debtors wish to sell the home and move out of state. Confirmed plan states property vests in debtors upon confirmation. *May the debtors freely use the proceeds?* Of course, I want the answer to be "yes," and I can make several arguments to support it but I wonder if I have a blind spot. Has anyone tested the vesting clause of a Ch. 13 plan when it comes to exempt assets turned into money during the pendency of a Ch. 13 case? Debtors' credit is shot so obtaining a new mortgage is difficult and any new homestead would likely be outside of Idaho. Feel free to email me directly, tecla at lewistonbankruptcylawyer.com. Thank you! Tecla Druffel From lburri at morrowfischer.com Thu Jun 18 12:11:00 2020 From: lburri at morrowfischer.com (Laura Burri) Date: Thu, 18 Jun 2020 18:11:00 +0000 Subject: [CLBS] Debtors wish to sell house during Ch. 13-- may they use the money however they want? In-Reply-To: References: Message-ID: Idaho Code 55-1009 provides that proceeds of a voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead are exempt for one year from receipt as well as any new homestead acquired with the proceeds. There should be a few Idaho bankruptcy cases that deal with this. As I recall, the debtors have to intend to use the funds to purchase a new home to retain the exemption. The funds should be placed in a separate account in order to track the exemption in the proceeds. What impact this has in the middle of a chapter 13, I don't know. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com -----Original Message----- From: CLBS On Behalf Of Tecla Druffel Sent: Thursday, June 18, 2020 11:56 AM To: clbs at admws.idaho.gov Subject: [CLBS] Debtors wish to sell house during Ch. 13-- may they use the money however they want? Debtors are in a confirmed Ch. 13 plan. On date of filing, debtors asserted automatic homestead exemption on residence located in Idaho. There were no objections raised to the claim of exemption. Now debtors wish to sell the home and move out of state. Confirmed plan states property vests in debtors upon confirmation. *May the debtors freely use the proceeds?* Of course, I want the answer to be "yes," and I can make several arguments to support it but I wonder if I have a blind spot. Has anyone tested the vesting clause of a Ch. 13 plan when it comes to exempt assets turned into money during the pendency of a Ch. 13 case? Debtors' credit is shot so obtaining a new mortgage is difficult and any new homestead would likely be outside of Idaho. Feel free to email me directly, tecla at lewistonbankruptcylawyer.com. Thank you! Tecla Druffel _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From alex at cavallawoffice.com Thu Jun 18 13:14:47 2020 From: alex at cavallawoffice.com (Alexandra Caval) Date: Thu, 18 Jun 2020 13:14:47 -0600 Subject: [CLBS] Debtors wish to sell house during Ch. 13-- may they use the money however they want? In-Reply-To: References: Message-ID: Take a look at Burgie (it's a 9th Cir BAP decision). There was also another decision from the BAP earlier this year - Black - that is also relevant. Both cases are attached. These should help you get started. On Thu, Jun 18, 2020 at 11:56 AM Tecla Druffel wrote: > Debtors are in a confirmed Ch. 13 plan. On date of filing, debtors asserted > automatic homestead exemption on residence located in Idaho. There were no > objections raised to the claim of exemption. Now debtors wish to sell the > home and move out of state. Confirmed plan states property vests in debtors > upon confirmation. > > *May the debtors freely use the proceeds?* Of course, I want the answer to > be "yes," and I can make several arguments to support it but I wonder if I > have a blind spot. Has anyone tested the vesting clause of a Ch. 13 plan > when it comes to exempt assets turned into money during the pendency of a > Ch. 13 case? Debtors' credit is shot so obtaining a new mortgage is > difficult and any new homestead would likely be outside of Idaho. > > Feel free to email me directly, tecla at lewistonbankruptcylawyer.com. > > Thank you! > Tecla Druffel > _______________________________________________ > 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: Black Opinion Final 18-1351 (002).pdf Type: application/pdf Size: 141376 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: In re Burgie 239 B.R. 406.pdf Type: application/pdf Size: 42372 bytes Desc: not available URL: From Jeremy at idaho-law.com Mon Jun 22 11:06:14 2020 From: Jeremy at idaho-law.com (Jeremy Vaughn) Date: Mon, 22 Jun 2020 11:06:14 -0600 Subject: [CLBS] Automobile Title/Possession Question Message-ID: <5EF090A60200001800028517@skst1.idaho-law.com> Greetings all, Recently our firm has picked up a number of cases all in the same vein. A local consignment auto dealership took the clients' vehicles on consignment and sold them to third parties. The problem is that the dealership then never paid the sellers their funds, and in some cases never paid off the liens against the vehicles. It's been weeks/months since the sales. In all of our cases, the titles are still in the name of our clients, not the third party purchasers, and still show the liens of record, where applicable. The dealership is now in bankruptcy, and looking at the schedules/pleadings, any claim against them is likely a lost cause. The question from my clients is can they retake possession of the vehicles, assuming they can find the vehicles? They are the owners of record per the titles. I appreciate any help or guidance anyone can offer. Jeremy Jeremy C. Vaughn Stephan, Kvanvig, Stone & Trainor P.O. Box 83 Twin Falls, ID 83303-0083 phone: (208) 733-2721 fax: (208) 733-3619 CONFIDENTIALITY NOTICE: This e-mail is intended only for the personal and confidential use of the individual(s) named as recipients and is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney/client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents or take any action in reliance on the information it contains. Stephan, Kvanvig, Stone & Trainor (208) 733-2721 From jlefevre at crowleyfleck.com Mon Jun 22 11:26:30 2020 From: jlefevre at crowleyfleck.com (Jared M. Le Fevre) Date: Mon, 22 Jun 2020 17:26:30 +0000 Subject: [CLBS] Automobile Title/Possession Question In-Reply-To: <5EF090A60200001800028517@skst1.idaho-law.com> References: <5EF090A60200001800028517@skst1.idaho-law.com> Message-ID: Your clients will run into problems with entrusting under 28-2-403(2) and buyer in the ordinary course of business under 28-9-320. While I have not researched this scenario under Idaho law, in other UCC jurisdictions, the buyers of the cars have prevailed over your clients so long as the buyer lacked knowledge of the title issues and wasn't in on the scheme. Perhaps Idaho vehicle title statutes would have something helpful in them that the UCC does not have. However, the vehicle buyers may be subject to liens created by your clients, which could give you something to work with. Jared M. Le Fevre Crowley Fleck PLLP 490 North 31st Street, Suite 500 Billings, MT 59101 Main: 406.252.3441 | Fax: 406.252.3181 Direct: 406.255.7323 Licensed in Montana, Wyoming, North Dakota, Idaho, Utah With Offices in Montana, North Dakota, and Wyoming Billings Bismarck Bozeman Butte Casper Cheyenne Helena Kalispell Missoula Sheridan Williston 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 -----Original Message----- From: CLBS On Behalf Of Jeremy Vaughn Sent: Monday, June 22, 2020 11:06 AM To: clbs at admws.idaho.gov Subject: [CLBS] Automobile Title/Possession Question This message was received from an external email account. Please use caution when opening messages or links from unknown senders. Greetings all, Recently our firm has picked up a number of cases all in the same vein. A local consignment auto dealership took the clients' vehicles on consignment and sold them to third parties. The problem is that the dealership then never paid the sellers their funds, and in some cases never paid off the liens against the vehicles. It's been weeks/months since the sales. In all of our cases, the titles are still in the name of our clients, not the third party purchasers, and still show the liens of record, where applicable. The dealership is now in bankruptcy, and looking at the schedules/pleadings, any claim against them is likely a lost cause. The question from my clients is can they retake possession of the vehicles, assuming they can find the vehicles? They are the owners of record per the titles. I appreciate any help or guidance anyone can offer. Jeremy Jeremy C. Vaughn Stephan, Kvanvig, Stone & Trainor P.O. Box 83 Twin Falls, ID 83303-0083 phone: (208) 733-2721 fax: (208) 733-3619 CONFIDENTIALITY NOTICE: This e-mail is intended only for the personal and confidential use of the individual(s) named as recipients and is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney/client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents or take any action in reliance on the information it contains. Stephan, Kvanvig, Stone & Trainor (208) 733-2721 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From ajt at aaronjtolsonlaw.com Mon Jun 22 14:00:40 2020 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Mon, 22 Jun 2020 14:00:40 -0600 Subject: [CLBS] Tax refund issue Message-ID: I had a client who filed taxes and got a 500 refund per the tax return, so the trustee wanted it turned over and debtor sent a personal check in before getting the actual refund, because the letter from the trustee was "scary." So then the IRS wrote a letter back and said the accountant made an error on the taxes and debtor actually owes $500 instead so no refund is coming. So does: 1. The trustee have to return the money; 2. If not, does the accountant owe the money back to debtor, which is then property of the estate because the claim is rooted in the pre-bankruptcy past. -- 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 rap at givenspursley.com Mon Jun 22 15:44:45 2020 From: rap at givenspursley.com (Randy A. Peterman) Date: Mon, 22 Jun 2020 21:44:45 +0000 Subject: [CLBS] Automobile Title/Possession Question In-Reply-To: References: <5EF090A60200001800028517@skst1.idaho-law.com>, Message-ID: Idaho Code 28-2-326 deals with this issue. Randy Sent from my iPhone On Jun 22, 2020, at 11:26 AM, Jared M. Le Fevre wrote: ? Your clients will run into problems with entrusting under 28-2-403(2) and buyer in the ordinary course of business under 28-9-320. While I have not researched this scenario under Idaho law, in other UCC jurisdictions, the buyers of the cars have prevailed over your clients so long as the buyer lacked knowledge of the title issues and wasn't in on the scheme. Perhaps Idaho vehicle title statutes would have something helpful in them that the UCC does not have. However, the vehicle buyers may be subject to liens created by your clients, which could give you something to work with. Jared M. Le Fevre Crowley Fleck PLLP 490 North 31st Street, Suite 500 Billings, MT 59101 Main: 406.252.3441 | Fax: 406.252.3181 Direct: 406.255.7323 Licensed in Montana, Wyoming, North Dakota, Idaho, Utah With Offices in Montana, North Dakota, and Wyoming Billings Bismarck Bozeman Butte Casper Cheyenne Helena Kalispell Missoula Sheridan Williston 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 -----Original Message----- From: CLBS On Behalf Of Jeremy Vaughn Sent: Monday, June 22, 2020 11:06 AM To: clbs at admws.idaho.gov Subject: [CLBS] Automobile Title/Possession Question This message was received from an external email account. Please use caution when opening messages or links from unknown senders. Greetings all, Recently our firm has picked up a number of cases all in the same vein. A local consignment auto dealership took the clients' vehicles on consignment and sold them to third parties. The problem is that the dealership then never paid the sellers their funds, and in some cases never paid off the liens against the vehicles. It's been weeks/months since the sales. In all of our cases, the titles are still in the name of our clients, not the third party purchasers, and still show the liens of record, where applicable. The dealership is now in bankruptcy, and looking at the schedules/pleadings, any claim against them is likely a lost cause. The question from my clients is can they retake possession of the vehicles, assuming they can find the vehicles? They are the owners of record per the titles. I appreciate any help or guidance anyone can offer. Jeremy Jeremy C. Vaughn Stephan, Kvanvig, Stone & Trainor P.O. Box 83 Twin Falls, ID 83303-0083 phone: (208) 733-2721 fax: (208) 733-3619 CONFIDENTIALITY NOTICE: This e-mail is intended only for the personal and confidential use of the individual(s) named as recipients and is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney/client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents or take any action in reliance on the information it contains. Stephan, Kvanvig, Stone & Trainor (208) 733-2721 _______________________________________________ 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 lvs at magicvalleylaw.com Mon Jun 22 16:03:46 2020 From: lvs at magicvalleylaw.com (Louis V. Spiker) Date: Mon, 22 Jun 2020 22:03:46 +0000 Subject: [CLBS] Automobile Title/Possession Question In-Reply-To: References: <5EF090A60200001800028517@skst1.idaho-law.com> Message-ID: Jeremy: Judge Mitchell in north Idaho addressed a similar set of facts in 2004 and applied 28-2-403(2). https://www.kcgov.us/DocumentCenter/View/2654/August-23-2004-CV-2003-7599-Bell-v-Godbout-PDF Louis V. Spiker ________________________________ WORST, STOVER, GADD & SPIKER, P.L.L.C. OF COUNSEL WILSON & MCCOLL ? 3858 North Garden Center Way, Suite 200 P.O. Box 1544 | Boise, ID 83703 (208) 345-9100 | Fax: (208) 384-0442 ? lvs at magicvalleylaw.com www.magicvalleylaw.com ? ? ******************************************************************************************************************************************************************************************************************************************* NOTICE:? This email is intended only for use of the party to which it is addressed and may contain information that is privileged, confidential or protected by law.? If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. NOTICE:? Internet communications are not assured to be secure or clear of inaccuracies as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Therefore, we do not accept responsibility for any errors or omissions that are present in this email, or any attachment, that have arisen as a result of email transmission The purpose of this communication is to collect a debt; any information obtained may be used for that purpose. -----Original Message----- From: CLBS On Behalf Of Jared M. Le Fevre Sent: Monday, June 22, 2020 11:27 AM To: Jeremy Vaughn ; clbs at admws.idaho.gov Subject: Re: [CLBS] Automobile Title/Possession Question Your clients will run into problems with entrusting under 28-2-403(2) and buyer in the ordinary course of business under 28-9-320. While I have not researched this scenario under Idaho law, in other UCC jurisdictions, the buyers of the cars have prevailed over your clients so long as the buyer lacked knowledge of the title issues and wasn't in on the scheme. Perhaps Idaho vehicle title statutes would have something helpful in them that the UCC does not have. However, the vehicle buyers may be subject to liens created by your clients, which could give you something to work with. Jared M. Le Fevre Crowley Fleck PLLP 490 North 31st Street, Suite 500 Billings, MT 59101 Main: 406.252.3441 | Fax: 406.252.3181 Direct: 406.255.7323 Licensed in Montana, Wyoming, North Dakota, Idaho, Utah With Offices in Montana, North Dakota, and Wyoming Billings Bismarck Bozeman Butte Casper Cheyenne Helena Kalispell Missoula Sheridan Williston 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 -----Original Message----- From: CLBS On Behalf Of Jeremy Vaughn Sent: Monday, June 22, 2020 11:06 AM To: clbs at admws.idaho.gov Subject: [CLBS] Automobile Title/Possession Question This message was received from an external email account. Please use caution when opening messages or links from unknown senders. Greetings all, Recently our firm has picked up a number of cases all in the same vein. A local consignment auto dealership took the clients' vehicles on consignment and sold them to third parties. The problem is that the dealership then never paid the sellers their funds, and in some cases never paid off the liens against the vehicles. It's been weeks/months since the sales. In all of our cases, the titles are still in the name of our clients, not the third party purchasers, and still show the liens of record, where applicable. The dealership is now in bankruptcy, and looking at the schedules/pleadings, any claim against them is likely a lost cause. The question from my clients is can they retake possession of the vehicles, assuming they can find the vehicles? They are the owners of record per the titles. I appreciate any help or guidance anyone can offer. Jeremy Jeremy C. Vaughn Stephan, Kvanvig, Stone & Trainor P.O. Box 83 Twin Falls, ID 83303-0083 phone: (208) 733-2721 fax: (208) 733-3619 CONFIDENTIALITY NOTICE: This e-mail is intended only for the personal and confidential use of the individual(s) named as recipients and is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney/client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents or take any action in reliance on the information it contains. Stephan, Kvanvig, Stone & Trainor (208) 733-2721 _______________________________________________ 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 ryan at averylaw.net Mon Jun 22 16:13:33 2020 From: ryan at averylaw.net (Ryan Farnsworth) Date: Mon, 22 Jun 2020 16:13:33 -0600 Subject: [CLBS] Automobile Title/Possession Question In-Reply-To: References: <5EF090A60200001800028517@skst1.idaho-law.com> Message-ID: If that's the case, then our judges may have been applying the "name on title" principle a little too harshly. Ryan Farnsworth On Mon, Jun 22, 2020, 4:03 PM Louis V. Spiker wrote: > Jeremy: > > Judge Mitchell in north Idaho addressed a similar set of facts in 2004 and > applied 28-2-403(2). > > > https://www.kcgov.us/DocumentCenter/View/2654/August-23-2004-CV-2003-7599-Bell-v-Godbout-PDF > > Louis V. Spiker > ________________________________ > WORST, STOVER, GADD & SPIKER, P.L.L.C. > OF COUNSEL > WILSON & MCCOLL > > 3858 North Garden Center Way, Suite 200 > P.O. Box 1544 | Boise, ID 83703 > (208) 345-9100 | Fax: (208) 384-0442 > > lvs at magicvalleylaw.com > www.magicvalleylaw.com > > > > ******************************************************************************************************************************************************************************************************************************************* > NOTICE: This email is intended only for use of the party to which it is > addressed and may contain information that is privileged, confidential or > protected by law. If you are not the intended recipient you are hereby > notified that any dissemination, copying or distribution of this email or > its contents is strictly prohibited. If you have received this message in > error, please notify us immediately by replying to the message and deleting > it from your computer. Thank you. > NOTICE: Internet communications are not assured to be secure or clear of > inaccuracies as information could be intercepted, corrupted, lost, > destroyed, arrive late or incomplete, or contain viruses. Therefore, we do > not accept responsibility for any errors or omissions that are present in > this email, or any attachment, that have arisen as a result of email > transmission > The purpose of this communication is to collect a debt; any information > obtained may be used for that purpose. > > -----Original Message----- > From: CLBS On Behalf Of Jared M. Le Fevre > Sent: Monday, June 22, 2020 11:27 AM > To: Jeremy Vaughn ; clbs at admws.idaho.gov > Subject: Re: [CLBS] Automobile Title/Possession Question > > Your clients will run into problems with entrusting under 28-2-403(2) and > buyer in the ordinary course of business under 28-9-320. While I have not > researched this scenario under Idaho law, in other UCC jurisdictions, the > buyers of the cars have prevailed over your clients so long as the buyer > lacked knowledge of the title issues and wasn't in on the scheme. Perhaps > Idaho vehicle title statutes would have something helpful in them that the > UCC does not have. However, the vehicle buyers may be subject to liens > created by your clients, which could give you something to work with. > > Jared M. Le Fevre > Crowley Fleck PLLP > 490 North 31st Street, Suite 500 > Billings, MT 59101 > Main: 406.252.3441 | Fax: 406.252.3181 > Direct: 406.255.7323 > Licensed in Montana, Wyoming, North Dakota, Idaho, Utah With Offices in > Montana, North Dakota, and Wyoming Billings Bismarck Bozeman Butte Casper > Cheyenne Helena Kalispell Missoula Sheridan Williston > > 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 > > -----Original Message----- > From: CLBS On Behalf Of Jeremy Vaughn > Sent: Monday, June 22, 2020 11:06 AM > To: clbs at admws.idaho.gov > Subject: [CLBS] Automobile Title/Possession Question > > This message was received from an external email account. Please use > caution when opening messages or links from unknown senders. > > > > Greetings all, > > Recently our firm has picked up a number of cases all in the same vein. A > local consignment auto dealership took the clients' vehicles on consignment > and sold them to third parties. The problem is that the dealership then > never paid the sellers their funds, and in some cases never paid off the > liens against the vehicles. It's been weeks/months since the sales. In > all of our cases, the titles are still in the name of our clients, not the > third party purchasers, and still show the liens of record, where > applicable. > > The dealership is now in bankruptcy, and looking at the > schedules/pleadings, any claim against them is likely a lost cause. The > question from my clients is can they retake possession of the vehicles, > assuming they can find the vehicles? They are the owners of record per the > titles. > > I appreciate any help or guidance anyone can offer. > > Jeremy > > Jeremy C. Vaughn > Stephan, Kvanvig, Stone & Trainor > P.O. Box 83 > Twin Falls, ID 83303-0083 > phone: (208) 733-2721 > fax: (208) 733-3619 > > CONFIDENTIALITY NOTICE: This e-mail is intended only for the personal and > confidential use of the individual(s) named as recipients and is covered by > the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It may > contain information that is privileged, confidential and/or protected from > disclosure under applicable law including, but not limited to, the > attorney/client privilege and/or work product doctrine. If you are not the > intended recipient of this transmission, please notify the sender > immediately by telephone. Do not deliver, distribute or copy this > transmission, disclose its contents or take any action in reliance on the > information it contains. Stephan, Kvanvig, Stone & Trainor (208) 733-2721 > > > _______________________________________________ > 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 dbc at dbclarklaw.com Thu Jun 25 15:12:54 2020 From: dbc at dbclarklaw.com (dbc at dbclarklaw.com) Date: Thu, 25 Jun 2020 15:12:54 -0600 Subject: [CLBS] (no subject) Message-ID: <108e01d64b35$64f1b3c0$2ed51b40$@dbclarklaw.com> INTERESTING decision!!!!! In Rochelle's Daily Wire this morning. 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: Sisk.pdf Type: application/pdf Size: 141106 bytes Desc: not available URL: From paul at idbankruptcylaw.com Sat Jun 27 09:07:08 2020 From: paul at idbankruptcylaw.com (Paul Ross) Date: Sat, 27 Jun 2020 09:07:08 -0600 Subject: [CLBS] Consumer Practice Poll & COVID-19 Message-ID: (Avg time to complete 3-5 mins) This is an important opportunity for NACBA to gather feedback from the bankruptcy community about how things have been since the onset of the COVID-19 crisis and closure of courthouse buildings across the country. The goal of this survey is to share compiled information with the court system along with recommendations to ensure a safe return to full operations as conditions allow. POLL CLOSES Friday, July 3, 2020 https://www.surveymonkey.com/survey-taken/?sm=kwwBKSalEMNrBGHlZkWkG_2BB4dgZpYQwW3bWQbwiYV7UUGUgFXMHIgvWbbNoeJBkfh8DHTgat_2FEmWcwh2Go6Hwb9dbsk0ufUZSIbsvqaAzAE_3D From paul at idbankruptcylaw.com Mon Jun 29 18:01:00 2020 From: paul at idbankruptcylaw.com (Paul Ross) Date: Mon, 29 Jun 2020 18:01:00 -0600 Subject: [CLBS] Consumer Practice Poll & COVID-19 In-Reply-To: References: Message-ID: All, My apologies. Apparently the link sent out wasn't any good. Let's try this one. https://www.surveymonkey.com/r/PTSTDRF Paul On Sat, Jun 27, 2020 at 9:07 AM Paul Ross wrote: > (Avg time to complete 3-5 mins) This is an important opportunity for NACBA > to gather feedback from the bankruptcy community about how things have been > since the onset of the COVID-19 crisis and closure of courthouse buildings > across the country. The goal of this survey is to share compiled > information with the court system along with recommendations to ensure a > safe return to full operations as conditions allow. POLL CLOSES Friday, > July 3, 2020 > > > https://www.surveymonkey.com/survey-taken/?sm=kwwBKSalEMNrBGHlZkWkG_2BB4dgZpYQwW3bWQbwiYV7UUGUgFXMHIgvWbbNoeJBkfh8DHTgat_2FEmWcwh2Go6Hwb9dbsk0ufUZSIbsvqaAzAE_3D > > -- 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 ajt at aaronjtolsonlaw.com Tue Jun 30 15:11:34 2020 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Tue, 30 Jun 2020 15:11:34 -0600 Subject: [CLBS] Cancellation of NCBJ San Diego Message-ID: Rebecca Meekma wanted this passed along. There will not be an in person CLE this year, but they will try for Indianapolis in 2021. -- 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.