From holly at roarklawboise.com  Tue Mar  3 10:39:39 2020
From: holly at roarklawboise.com (Holly Roark)
Date: Tue, 3 Mar 2020 10:39:39 -0700
Subject: [CLBS] Medicaid & Medicare & liens
Message-ID: <00b401d5f182$b7daccf0$279066d0$@roarklawboise.com>

I had a consultation with a debtor in CA, age 73, who transferred a house to
her son 2 years ago for zero dollars (bankruptcy not advised). She's been on
Medicaid and Medicare for many years. She asked me whether Medicare or
Medicaid would have a lien on the house she transferred to her son. How do
such liens arise, and are they recorded so that I could find out with a
preliminary title report? 

 

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 shawngmillerlaw at gmail.com  Wed Mar  4 16:27:17 2020
From: shawngmillerlaw at gmail.com (Shawn Miller)
Date: Wed, 4 Mar 2020 16:27:17 -0700
Subject: [CLBS] motor vehicle exemption
Message-ID: <CAB1h7=K7QFcM+tx_fMNGWp6n=cB=gGq9NRg0jcUHPoq8-OTNKA@mail.gmail.com>

Client has an old ford pick up that was not registered prior to filing the
bk.  Trustee has objected to 11-605(3) because the vehicle was not
registered at the time of filing and therefore could not be operated
lawfully on Idaho highways. Trustee cites In Re Sanders, 03.1 I.B.C.R. 57
(Bankr. D. Idaho 2003) to support his objection.  The case deals with a
debtor trying to exempt a motor cycle and my reading of the case seems to
only apply to ATV's or other vehicles who's intended purpose is off road
use.  I havn't seen this argument applied to a normal street legal truck.
Does the trustee have a leg to stand on? Any insights would be appreciated.

-- 
Miller Law PLLC
6901 W. Emerald St. Ste 203
Boise, ID 83704
Phone: 208-901-1647
Fax:208-906-8667
Email:  shawngmillerlaw at gmail.com

*ATTENTION*:  This email and any attachments are intended for the addressee
only and may contain legally privileged or confidential information.  If
you are not the intended recipient of this email, disregard and delete it
immediately.  Any unauthorized use or dissemination  is strictly
prohibited.  If you have received this message in error please contact the
sender at the email address provided above.

From PGeile at foleyfreeman.com  Wed Mar  4 16:36:03 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Wed, 4 Mar 2020 23:36:03 +0000
Subject: [CLBS] motor vehicle exemption
In-Reply-To: <CAB1h7=K7QFcM+tx_fMNGWp6n=cB=gGq9NRg0jcUHPoq8-OTNKA@mail.gmail.com>
References: <CAB1h7=K7QFcM+tx_fMNGWp6n=cB=gGq9NRg0jcUHPoq8-OTNKA@mail.gmail.com>
Message-ID: <MW3PR19MB4362930DA2B425C6FA50B666A8E50@MW3PR19MB4362.namprd19.prod.outlook.com>

Given the recent cases on operable vehicles I think the trustee may prevail, but it is an issue that really needs to go up to the district court for some clarification.  Most of the legislative history and older cases had to do with 4 wheelers.  I get that people shouldn't be going down the freeway on a 4 wheeler, but not registered, no battery, what if it is out of gas?

What if the debtor can't afford registration...........



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

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Shawn Miller
Sent: Wednesday, March 4, 2020 4:27 PM
To: Bankruptcy list <clbs at admws.idaho.gov>
Subject: [CLBS] motor vehicle exemption

Client has an old ford pick up that was not registered prior to filing the bk.  Trustee has objected to 11-605(3) because the vehicle was not registered at the time of filing and therefore could not be operated lawfully on Idaho highways. Trustee cites In Re Sanders, 03.1 I.B.C.R. 57 (Bankr. D. Idaho 2003) to support his objection.  The case deals with a debtor trying to exempt a motor cycle and my reading of the case seems to only apply to ATV's or other vehicles who's intended purpose is off road use.  I havn't seen this argument applied to a normal street legal truck.
Does the trustee have a leg to stand on? Any insights would be appreciated.

--
Miller Law PLLC
6901 W. Emerald St. Ste 203
Boise, ID 83704
Phone: 208-901-1647
Fax:208-906-8667
Email:  shawngmillerlaw at gmail.com

*ATTENTION*:  This email and any attachments are intended for the addressee only and may contain legally privileged or confidential information.  If you are not the intended recipient of this email, disregard and delete it immediately.  Any unauthorized use or dissemination  is strictly prohibited.  If you have received this message in error please contact the sender at the email address provided above.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

From paul at idbankruptcylaw.com  Wed Mar  4 16:46:12 2020
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Wed, 4 Mar 2020 16:46:12 -0700
Subject: [CLBS] motor vehicle exemption
In-Reply-To: <MW3PR19MB4362930DA2B425C6FA50B666A8E50@MW3PR19MB4362.namprd19.prod.outlook.com>
References: <CAB1h7=K7QFcM+tx_fMNGWp6n=cB=gGq9NRg0jcUHPoq8-OTNKA@mail.gmail.com>
 <MW3PR19MB4362930DA2B425C6FA50B666A8E50@MW3PR19MB4362.namprd19.prod.outlook.com>
Message-ID: <CAByLFi4T-pchKAyqoFDaApNDEzk75bMszuaR8BWCTTUuVuH=0g@mail.gmail.com>

In re Haworth is the case that restarted this line of objections.
https://www.id.uscourts.gov/content_fetcher/decision.cfml/In_re_Haworth_3337.pdf?Decision_ID=3337

Unfortunately, the current legislative fixes in the works will not likely
resolve this issue.  The question is whether a vehicle can legally be
driven.

Paul

On Wed, Mar 4, 2020 at 4:36 PM Patrick Geile <PGeile at foleyfreeman.com>
wrote:

> Given the recent cases on operable vehicles I think the trustee may
> prevail, but it is an issue that really needs to go up to the district
> court for some clarification.  Most of the legislative history and older
> cases had to do with 4 wheelers.  I get that people shouldn't be going down
> the freeway on a 4 wheeler, but not registered, no battery, what if it is
> out of gas?
>
> What if the debtor can't afford registration...........
>
>
>
> Patrick J. Geile
> Foley Freeman PLLC
> (208) 947-1563
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Shawn Miller
> Sent: Wednesday, March 4, 2020 4:27 PM
> To: Bankruptcy list <clbs at admws.idaho.gov>
> Subject: [CLBS] motor vehicle exemption
>
> Client has an old ford pick up that was not registered prior to filing the
> bk.  Trustee has objected to 11-605(3) because the vehicle was not
> registered at the time of filing and therefore could not be operated
> lawfully on Idaho highways. Trustee cites In Re Sanders, 03.1 I.B.C.R. 57
> (Bankr. D. Idaho 2003) to support his objection.  The case deals with a
> debtor trying to exempt a motor cycle and my reading of the case seems to
> only apply to ATV's or other vehicles who's intended purpose is off road
> use.  I havn't seen this argument applied to a normal street legal truck.
> Does the trustee have a leg to stand on? Any insights would be appreciated.
>
> --
> Miller Law PLLC
> 6901 W. Emerald St. Ste 203
> Boise, ID 83704
> Phone: 208-901-1647
> Fax:208-906-8667
> Email:  shawngmillerlaw at gmail.com
>
> *ATTENTION*:  This email and any attachments are intended for the
> addressee only and may contain legally privileged or confidential
> information.  If you are not the intended recipient of this email,
> disregard and delete it immediately.  Any unauthorized use or
> dissemination  is strictly prohibited.  If you have received this message
> in error please contact the sender at the email address provided above.
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 
Idaho Bankruptcy Law
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.

From lburri at morrowfischer.com  Fri Mar  6 13:23:47 2020
From: lburri at morrowfischer.com (Laura Burri)
Date: Fri, 6 Mar 2020 20:23:47 +0000
Subject: [CLBS] Portland Oregon collection attorney
In-Reply-To: <MWHPR1201MB2477FC58661E91ACBCBA4BF8DDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>
References: <MWHPR1201MB2477FC58661E91ACBCBA4BF8DDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>
Message-ID: <MWHPR1201MB24779CBF2A775F57BEE8701CDDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>

Hello - I need a recommendation for an attorney in the Portland, Oregon area that does collections. My client has an Idaho judgment that needs to be filed as a foreign judgment in Oregon and then a wage garnishment put in place.

Thank you in advance for your suggestions. Laura

Laura E. Burri
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<mailto:lburri at morrowfischer.com>


From lburri at morrowfischer.com  Fri Mar  6 13:48:20 2020
From: lburri at morrowfischer.com (Laura Burri)
Date: Fri, 6 Mar 2020 20:48:20 +0000
Subject: [CLBS] Portland Oregon collection attorney
In-Reply-To: <MWHPR1201MB24779CBF2A775F57BEE8701CDDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>
References: <MWHPR1201MB2477FC58661E91ACBCBA4BF8DDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>
 <MWHPR1201MB24779CBF2A775F57BEE8701CDDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>
Message-ID: <MWHPR1201MB2477B54873499842F0DC51B5DDE30@MWHPR1201MB2477.namprd12.prod.outlook.com>

Hello - I need a recommendation for an attorney in the Portland, Oregon area that does collections. My client has an Idaho judgment that needs to be filed as a foreign judgment in Oregon and then a wage garnishment put in place.

Thank you in advance for your suggestions. Laura

Laura E. Burri
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<mailto:lburri at morrowfischer.com>


From alex at cavallawoffice.com  Mon Mar 16 13:05:42 2020
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Mon, 16 Mar 2020 13:05:42 -0600
Subject: [CLBS] Joint bk filing when one spouse is incarcerated
Message-ID: <CACg1PEUpKPMURBgMF1zm9aGKt9KRX_kNAWt8SDSbuJb5KT_PGg@mail.gmail.com>

Anyone filed a joint case where one spouse is in prison? My thought to have
the non-incarcerated spouse obtain a power of attorney specifically
authorizing bankruptcy filing and credit counseling. I'm mostly worried
about the signatures on the petition. I'm trying to avoid a gap between
signing date and filing date. Has anyone successfully done one of these?
Anyone see any problems with my approach?

-- 

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com




*PRIVILEGE AND CONFIDENTIALITY NOTICE*
This e-mail is intended only for the use of the recipient named and may
contain information that is confidential, privileged, and exempt from
disclosure under applicable laws. If you are not the named recipient, you
may have received this transmission in error. We ask that you immediately
notify the sender and remove this and all attached file(s) from your
system. Receipt by anyone other than the intended recipient is not a waiver
of the attorney-client or work-product privileges. You are hereby notified
that any disclosure, copying, distribution, or use of any of the
information contained in this transmission if you are not the intended
recipient is prohibited and may expose you to liability.

From PGeile at foleyfreeman.com  Mon Mar 16 15:01:21 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Mon, 16 Mar 2020 21:01:21 +0000
Subject: [CLBS] 341's
Message-ID: <MW3PR19MB43627A7FB2BD7F00966980CFA8F90@MW3PR19MB4362.namprd19.prod.outlook.com>

Effective immediately, all in-person chapter 7, 11, 12, and 13 section 341 meetings scheduled through April 10, 2020, are continued until a later date to be determined.  Appropriate notice will be provided to parties in accordance with the bankruptcy code and rules.

Counsel:  Please immediately advise your clients of the continued first meetings.   The U.S. Trustee's Office has requested the court post a notice on its website.  The U.S. Trustee's Office will also post a notice on its website.

Absent special circumstances, section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors.   Eventually, we will have conference call lines set up for 341 meetings, however, for those meetings scheduled during the next week or so, there is inadequate time to arrange and provide notice to parties for telephonic 341 meetings.  These meetings will be continued to a date to be determined.

I do not know what future date meetings will be continued to.  I will provide additional information when it becomes available.

Noah G. Hillen, Chtd.
P.O. Box 6538
Boise, Idaho 83707
Email: ngh at hillenlaw.com<mailto:ngh at hillenlaw.com>
Phone: (208) 297-5774
Fax: (208) 297-5224


Patrick J. Geile
Attorney
[cid:image001.png at 01D5FBA3.C0418CA0]
953 S. Industry Way
Meridian, ID 83642
Phone: 208-888-9111
Direct:208-947-1563
Fax: 208-888-5130
Website: www.foleyfreeman.com
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.

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From PGeile at foleyfreeman.com  Mon Mar 16 15:06:34 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Mon, 16 Mar 2020 21:06:34 +0000
Subject: [CLBS] More Court/COVID information-available on the court's website
Message-ID: <MW3PR19MB4362F2DD4D1770F04DD3D291A8F90@MW3PR19MB4362.namprd19.prod.outlook.com>

United States District & Bankruptcy Courts
Public Information
Court Operations & Information
Coronavirus (COVID-19) and Court Operations
Updated on Mar 16, 2020

March 16, 2020

INFORMATION REGARDING CORONAVIRUS DISEASE (COVID-19) AND COURT OPERATIONS

The United States Courts for the District of Idaho continues to closely monitor the national response to the Coronavirus Disease (COVID-19) and will be following guidance provided by the Administrative Office of the United States Courts (AO) and the Centers for Disease Control and Prevention (CDC).

The courthouses in Boise, Coeur d'Alene and Pocatello remain open, but will be operating with a reduced staff. Until further notice, all public events and ceremonies scheduled for the U.S. District & Bankruptcy Courts in Boise, Coeur d'Alene and Pocatello are canceled. All other court proceedings shall proceed as scheduled, subject to an order by the presiding judge in the case.

If you have a scheduled court proceeding or are otherwise required to appear at one of the courthouses in the District of Idaho and are experiencing any shortness of breath, flu like symptoms, have a fever, or coughing or sneezing, do not come to court. In addition, if you have visited any of the following countries or cities in the last 14 days: China, Iran, Italy, Japan, South Korea or the Seattle / Tacoma area, do not come to court.

Instead, please do the following:
*         If you are a litigant represented by an attorney, please contact your attorney;
*         If you are an attorney or a pro se party scheduled to appear in court before a judge, please call the courtroom deputy assigned to the presiding judge;
*         If you received a notice to appear for jury service or currently serve as a juror, please contact the Jury Office of the Division where you were requested to appear;
*         If you are scheduled for a Naturalization Ceremony, please contact the U.S. Court Naturalization Clerk's Office at 208-334-9387;
*         For District Court or Bankruptcy Court matters, please contact the District and Bankruptcy Clerk's Office in the appropriate Division.
o    Boise 208-334-1361
o    Coeur d'Alene 208-665-6850
o    Pocatello 208-478-4123
*         For probation matters please call 208-334-1630.

Stay informed by:
*         Visiting the Idaho Novel Coronavirus website at: https://coronavirus.idaho.gov/
*         Visiting the CDC website: https://www.cdc.gov/
*         Visiting the WHO website: https://www.who.int/health-topics/coronavirus


Patrick J. Geile
Attorney
[cid:image001.png at 01D5FBA4.7B12DDE0]
953 S. Industry Way
Meridian, ID 83642
Phone: 208-888-9111
Direct:208-947-1563
Fax: 208-888-5130
Website: www.foleyfreeman.com
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.

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From paul at idbankruptcylaw.com  Tue Mar 17 12:27:32 2020
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 17 Mar 2020 12:27:32 -0600
Subject: [CLBS] Continuances Of 341 Meetings
In-Reply-To: <CAByLFi6mqQ7igGq9ZQ6=yTveQdMmMPbGAC+tbQN5_ktURkR5Qg@mail.gmail.com>
References: <CY1P110MB05672D337F627E45144074CE80F60@CY1P110MB0567.NAMP110.PROD.OUTLOOK.COM>
 <CAByLFi6mqQ7igGq9ZQ6=yTveQdMmMPbGAC+tbQN5_ktURkR5Qg@mail.gmail.com>
Message-ID: <CAByLFi7hCYwD1U4Lk_c5KwULGy7dUCe8TFvNyO+t8XK=JAJJxQ@mail.gmail.com>

Patrick sent out a notice earlier about continuances of 341 Hearings.

Here is a similar e-mail from Mr. Newman regarding the same for all the
state and includes Mr. Newman's letter.

Paul



Paul, would you please send the attached notice to the Bankruptcy Section
list serve?  Please also advise them that the U.S. Trustee is making
arrangements for telephonic 341 meetings and additional information will be
included in notices of continued 341 meetings.  Thanks!





Respectfully,



David W. Newman

Assistant United States Trustee

Districts of Idaho, Montana, and Utah

U.S. Department of Justice

Office of the United States Trustee

405 South Main Street, Suite 300

Salt Lake City, UT 84111

(801) 524-5149



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





-- 
Idaho Bankruptcy Law
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.
-------------- next part --------------
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From evans_trish at msn.com  Wed Mar 18 12:49:55 2020
From: evans_trish at msn.com (Patricia Evans)
Date: Wed, 18 Mar 2020 18:49:55 +0000
Subject: [CLBS] Government stimulus
Message-ID: <MWHPR22MB0670C1402ABDD36CB2DB3E5A81F70@MWHPR22MB0670.namprd22.prod.outlook.com>

Assuming it comes ti be. Botton line. Is it exempt? Getting calls.



Sent from my Samsung Galaxy smartphone.


From PGeile at foleyfreeman.com  Thu Mar 19 09:43:59 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Thu, 19 Mar 2020 15:43:59 +0000
Subject: [CLBS] Obituary: William Ray Hollifield
Message-ID: <MW3PR19MB436248F63B73414E16DFA5F8A8F40@MW3PR19MB4362.namprd19.prod.outlook.com>

Good Morning,

Please review the kind note from Judge Pappas and the link for Bill's obituary. 

I was sad to read this morning of the passing of twin falls atty bill hollifield. Bill practiced extensively in the bk ct representing primarily creditors and trustees, and was a loyal, active member if the section for many years, and just a wonderful colleague to Idaho lawyers  Perhaps  you could circulate the sad news of his death to the section membership. I think the link below is to his obituary in the tf times but you might want to check that. Thnx

JDP 


https://magicvalley.com/news/local/obituaries/obituary-william-ray-hollifield/article_4268c4f1-54e6-5ef8-8a19-aca4dc2050ac.html?utm_medium=social&utm_source=email&utm_campaign=user-share

From reynardtrustee at gmail.com  Thu Mar 19 10:08:07 2020
From: reynardtrustee at gmail.com (Janine Reynard)
Date: Thu, 19 Mar 2020 09:08:07 -0700
Subject: [CLBS] Obituary: William Ray Hollifield
In-Reply-To: <MW3PR19MB436248F63B73414E16DFA5F8A8F40@MW3PR19MB4362.namprd19.prod.outlook.com>
References: <MW3PR19MB436248F63B73414E16DFA5F8A8F40@MW3PR19MB4362.namprd19.prod.outlook.com>
Message-ID: <CAL+458-Jj6m6yw3bBm3UgB4k0qPA4LK8vUBMXa_bVmsMyKFrFw@mail.gmail.com>

Thanks for sharing this Patrick. Bill was a wonderful, kind man. The CLBS
was lucky to have him in its ranks.

On Thu, Mar 19, 2020 at 8:44 AM Patrick Geile <PGeile at foleyfreeman.com>
wrote:

> Good Morning,
>
> Please review the kind note from Judge Pappas and the link for Bill's
> obituary.
>
> I was sad to read this morning of the passing of twin falls atty bill
> hollifield. Bill practiced extensively in the bk ct representing primarily
> creditors and trustees, and was a loyal, active member if the section for
> many years, and just a wonderful colleague to Idaho lawyers  Perhaps  you
> could circulate the sad news of his death to the section membership. I
> think the link below is to his obituary in the tf times but you might want
> to check that. Thnx
>
> JDP
>
>
>
> https://magicvalley.com/news/local/obituaries/obituary-william-ray-hollifield/article_4268c4f1-54e6-5ef8-8a19-aca4dc2050ac.html?utm_medium=social&utm_source=email&utm_campaign=user-share
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>

From gedson at gedson.com  Thu Mar 19 10:12:51 2020
From: gedson at gedson.com (Gery Edson)
Date: Thu, 19 Mar 2020 16:12:51 +0000
Subject: [CLBS] Obituary: William Ray Hollifield
In-Reply-To: <CAL+458-Jj6m6yw3bBm3UgB4k0qPA4LK8vUBMXa_bVmsMyKFrFw@mail.gmail.com>
References: <MW3PR19MB436248F63B73414E16DFA5F8A8F40@MW3PR19MB4362.namprd19.prod.outlook.com>,
 <CAL+458-Jj6m6yw3bBm3UgB4k0qPA4LK8vUBMXa_bVmsMyKFrFw@mail.gmail.com>
Message-ID: <70005785-EC48-46E5-B1D6-3C4FEEDE8B7B@gedson.com>

So true 

Gery W. Edson
CW Moore Plaza
250 South 5th St, Suite 820
PO Box 448
Boise, Idaho 83701
gedson at gedson.com
(208)- 345-8700 Office
(208)-389-9449 fax
(208)-859-8711 cell

> On Mar 19, 2020, at 10:08 AM, Janine Reynard <reynardtrustee at gmail.com> wrote:
> 
> ?Thanks for sharing this Patrick. Bill was a wonderful, kind man. The CLBS
> was lucky to have him in its ranks.
> 
>> On Thu, Mar 19, 2020 at 8:44 AM Patrick Geile <PGeile at foleyfreeman.com>
>> wrote:
>> 
>> Good Morning,
>> 
>> Please review the kind note from Judge Pappas and the link for Bill's
>> obituary.
>> 
>> I was sad to read this morning of the passing of twin falls atty bill
>> hollifield. Bill practiced extensively in the bk ct representing primarily
>> creditors and trustees, and was a loyal, active member if the section for
>> many years, and just a wonderful colleague to Idaho lawyers  Perhaps  you
>> could circulate the sad news of his death to the section membership. I
>> think the link below is to his obituary in the tf times but you might want
>> to check that. Thnx
>> 
>> JDP
>> 
>> 
>> 
>> https://magicvalley.com/news/local/obituaries/obituary-william-ray-hollifield/article_4268c4f1-54e6-5ef8-8a19-aca4dc2050ac.html?utm_medium=social&utm_source=email&utm_campaign=user-share
>> _______________________________________________
>> 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 PGeile at foleyfreeman.com  Thu Mar 19 13:50:33 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Thu, 19 Mar 2020 19:50:33 +0000
Subject: [CLBS] FW: JOB LOSSES AND/OR REDUCTION IN PAY
In-Reply-To: <MW3PR22MB22171BCD0418C8F88305AA7BA6F40@MW3PR22MB2217.namprd22.prod.outlook.com>
References: <MW3PR22MB22171BCD0418C8F88305AA7BA6F40@MW3PR22MB2217.namprd22.prod.outlook.com>
Message-ID: <MW3PR19MB43622CF1E8D22E16E3705791A8F40@MW3PR19MB4362.namprd19.prod.outlook.com>

>From Kathleen McCallister's office:

In light of recent events, the Trustee and her staff would like to communicate what measures are being discussed to help assist those in need.
We will be working with individuals on a case by case basis to assess any requests made. However, in order to better assist our office and avoid prolonging the process, please be sure to provide us with as much documentation as you are able to help support the request being made. IE: paycheck stubs showing a reduction in pay or a correspondence from the employer advising of the job loss or reduction in hours, etc. We will need to know if unemployment will be covering any of reduction/loss in pay. The unemployment offices are getting inundated with requests, so we know that there will likely be a delay there as well.
We will do our best to review all requests in a timely fashion, but please be aware that our office may have reduced staffing as we also need to take time off and/or work reduced hours.

Please keep in mind that if the monthly mortgage payments are to be paid through the plan, those will still need to be paid.

We will do whatever we can to help in these strange times, pursuant to the terms of the confirmed plan.

For those cases that are unconfirmed, we will not pursue dismissal if the months of March and/or April are missed and will be amenable to solutions helping the debtor(s) with repaying any missed months over the remaining term of the plan.

We appreciate that this is a stressful and unprecedented time for all; it remains our hope that we are able to do whatever we can to make things easier both for yourselves and your clients effected by this pandemic.


Shawna Williams
Office Manager for
Kathleen McCallister, Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
208-922-5100
Fax 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  Thu Mar 19 16:23:53 2020
From: jpk at kam13trustee.com (Jeffrey  Kaufman)
Date: Thu, 19 Mar 2020 22:23:53 +0000
Subject: [CLBS] Clarification from Ms. McCallister's Office
Message-ID: <MWHPR22MB0959D5874E8694CA8ADDB172D5F40@MWHPR22MB0959.namprd22.prod.outlook.com>

Listmates,

With regards to the below message from Ms. McCallister?s office previously relayed by Mr. Geile (Thank you, Patrick), Ms. McCallister would like to clarify that the message was specific to those requests made by debtors who have been fiscally impacted by the response to the Covid-19 outbreak and/or measures taken to flatten the curve.  And in that regard, for such requests, it will be very helpful for the trustee?s office to have documentation to support the particular request being made by a particular debtor.  Please advise debtors that the relief they may seek from the trustee?s office should be related and limited to the scope of the impact.

Ms. McCallister also wants to clarify that she will do what she can within the bounds of the debtor?s confirmed plan.  Hopefully you recognize that there are statutory and judicial limits within which she may exercise her discretion ? for example, and if the particulars of the plan allows, granting up to two deferments per calendar year (per ? 2.5 of the Model Plan).  However, she simply cannot ignore a confirmation order and forgo paying a conduit mortgage payment even though the debtor might otherwise qualify for a respite in mortgage payments.  That might require a plan modification.  In some cases, a deferment may be all that is necessary to provide relief to a particular debtor.  In other cases, a plan may need to be modified and a new wage withhold order issued.

The final clarification is that, for the time being, if the debtors missed payments in March and/or April due to the outbreak, then the trustee will refrain from seeking dismissal of the case, regardless of whether it?s a confirmed or unconfirmed case.  Please note, that this is not carte blanche to simply skip payments.  And the trustee?s office will keep a keen out for attempts to abuse this temporary policy.

Lastly, it would be very helpful if you attorneys out there that represent banks and mortgage servicers could reach out to your clients and inquire if and how they intend to process relief for borrowers, both those inside and outside of bankruptcy.  While Ms. McCallister understands that things are very fluid right now and processes and procedures may not necessarily be in place, having such information and knowledge, once available, will be very helpful for all of us knee deep in bankruptcy.  Thus if you have any information as to the form by which that relief might come to borrowers, please share it if/when you are able.

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: Jeffrey P. Kaufman <jeffrey at dbclarklaw.com>
Sent: Thursday, March 19, 2020 2:30 PM
To: Jeffrey Kaufman <jpk at kam13trustee.com>
Subject: FW: [CLBS] FW: JOB LOSSES AND/OR REDUCTION IN PAY





Sent from my mobile.  Please excuse typos, brevity, and terrible speech-to-text transcription errors.


-------- Original message --------
From: Patrick Geile <PGeile at foleyfreeman.com<mailto:PGeile at foleyfreeman.com>>
Date: 3/19/20 13:50 (GMT-07:00)
To: clbs at admws.idaho.gov<mailto:clbs at admws.idaho.gov>
Subject: [CLBS] FW: JOB LOSSES AND/OR REDUCTION IN PAY

From Kathleen McCallister's office:

In light of recent events, the Trustee and her staff would like to communicate what measures are being discussed to help assist those in need.
We will be working with individuals on a case by case basis to assess any requests made. However, in order to better assist our office and avoid prolonging the process, please be sure to provide us with as much documentation as you are able to help support the request being made. IE: paycheck stubs showing a reduction in pay or a correspondence from the employer advising of the job loss or reduction in hours, etc. We will need to know if unemployment will be covering any of reduction/loss in pay. The unemployment offices are getting inundated with requests, so we know that there will likely be a delay there as well.
We will do our best to review all requests in a timely fashion, but please be aware that our office may have reduced staffing as we also need to take time off and/or work reduced hours.

Please keep in mind that if the monthly mortgage payments are to be paid through the plan, those will still need to be paid.

We will do whatever we can to help in these strange times, pursuant to the terms of the confirmed plan.

For those cases that are unconfirmed, we will not pursue dismissal if the months of March and/or April are missed and will be amenable to solutions helping the debtor(s) with repaying any missed months over the remaining term of the plan.

We appreciate that this is a stressful and unprecedented time for all; it remains our hope that we are able to do whatever we can to make things easier both for yourselves and your clients effected by this pandemic.


Shawna Williams
Office Manager for
Kathleen McCallister, Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
208-922-5100
Fax 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<mailto:CLBS at admws.idaho.gov>
http://admws.idaho.gov/mailman/listinfo/clbs

From alex at cavallawoffice.com  Tue Mar 24 11:49:04 2020
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Tue, 24 Mar 2020 11:49:04 -0600
Subject: [CLBS] Bankruptcy Exemptions Bill (HB 464) - - Signed by Governor
	3/23/2020
Message-ID: <CACg1PEWqJNKCMbx16XtDCZ2X5MRSC7RsZ3KdHqpNX4VSp4Oizg@mail.gmail.com>

Folks,
As you may recall from the Bankruptcy Seminar in McCall last month, there
was a bill working its way through the Idaho Legislature to change the
homestead exemption as well as some of the personal property exemptions in
11-605. That bill is House Bill 464, a copy is attached for your reference.
The bill was transmitted to the Governor's office on 3/18/2020 and he
signed it on 3/23/2020. The bill has an emergency clause so it is effective
upon the governor's signature rather than July 1, 2020.

Here is a summary of the changes:

*Homestead exemption (55-1003) *- the sliding scale tying the exemption to
the equity is removed; it is now a flat statutory amount. The exemption
amount also increases from $100,000 to $175,000.

*11-605(a),(b),(c)* - no change to the aggregate exemption amount but the
single item exemption increases from $750 to $1000.

*Tools of the trade (11-605(3))* - increases from $2,500 to $10,000

*Vehicle exemption (11-605(3))* - increases from $7,000 to $10,000

*Water rights/crops (11-605(7))* - increases from $1,000 to $5,000

*Firearm (11-605(8))* - increases from $750 to $1,500

*Wildard (11-605(10))* - increases from $800 to $1,500

*Disposable Earnings (11-605(11))* - increases from $1,500 to $2,500.

It will take a few days for the changes to show up in the Idaho Statutes
online.

Sincerely,
-- 

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 --------------
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From dbc at dbclarklaw.com  Tue Mar 24 11:51:04 2020
From: dbc at dbclarklaw.com (dbc at dbclarklaw.com)
Date: Tue, 24 Mar 2020 11:51:04 -0600
Subject: [CLBS] Bankruptcy Exemptions Bill (HB 464) - - Signed by
	Governor	3/23/2020
In-Reply-To: <CACg1PEWqJNKCMbx16XtDCZ2X5MRSC7RsZ3KdHqpNX4VSp4Oizg@mail.gmail.com>
References: <CACg1PEWqJNKCMbx16XtDCZ2X5MRSC7RsZ3KdHqpNX4VSp4Oizg@mail.gmail.com>
Message-ID: <015f01d60204$cb6113f0$62233bd0$@dbclarklaw.com>

Thank you everybody!!!!!  And especially to Alex for "herding" it and keeping us all informed.  

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 <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
Sent: Tuesday, March 24, 2020 11:49 AM
To: Bankruptcy list <CLBS at admws.idaho.gov>
Subject: [CLBS] Bankruptcy Exemptions Bill (HB 464) - - Signed by Governor 3/23/2020

Folks,
As you may recall from the Bankruptcy Seminar in McCall last month, there was a bill working its way through the Idaho Legislature to change the homestead exemption as well as some of the personal property exemptions in 11-605. That bill is House Bill 464, a copy is attached for your reference.
The bill was transmitted to the Governor's office on 3/18/2020 and he signed it on 3/23/2020. The bill has an emergency clause so it is effective upon the governor's signature rather than July 1, 2020.

Here is a summary of the changes:

*Homestead exemption (55-1003) *- the sliding scale tying the exemption to the equity is removed; it is now a flat statutory amount. The exemption amount also increases from $100,000 to $175,000.

*11-605(a),(b),(c)* - no change to the aggregate exemption amount but the single item exemption increases from $750 to $1000.

*Tools of the trade (11-605(3))* - increases from $2,500 to $10,000

*Vehicle exemption (11-605(3))* - increases from $7,000 to $10,000

*Water rights/crops (11-605(7))* - increases from $1,000 to $5,000

*Firearm (11-605(8))* - increases from $750 to $1,500

*Wildard (11-605(10))* - increases from $800 to $1,500

*Disposable Earnings (11-605(11))* - increases from $1,500 to $2,500.

It will take a few days for the changes to show up in the Idaho Statutes online.

Sincerely,
-- 

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com




*PRIVILEGE AND CONFIDENTIALITY NOTICE*
This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability.


From paul at idbankruptcylaw.com  Tue Mar 24 12:03:58 2020
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 24 Mar 2020 12:03:58 -0600
Subject: [CLBS] Bankruptcy Exemptions Bill (HB 464) - - Signed by
	Governor 3/23/2020
In-Reply-To: <CACg1PEWqJNKCMbx16XtDCZ2X5MRSC7RsZ3KdHqpNX4VSp4Oizg@mail.gmail.com>
References: <CACg1PEWqJNKCMbx16XtDCZ2X5MRSC7RsZ3KdHqpNX4VSp4Oizg@mail.gmail.com>
Message-ID: <CAByLFi6oqWXqfeqbqC_BpU6PN7dAU=FeV2XxvJEYiAwk6jmvAQ@mail.gmail.com>

Great work!  Thank you Alex!

On Tue, Mar 24, 2020 at 11:49 AM Alexandra Caval <alex at cavallawoffice.com>
wrote:

> Folks,
> As you may recall from the Bankruptcy Seminar in McCall last month, there
> was a bill working its way through the Idaho Legislature to change the
> homestead exemption as well as some of the personal property exemptions in
> 11-605. That bill is House Bill 464, a copy is attached for your reference.
> The bill was transmitted to the Governor's office on 3/18/2020 and he
> signed it on 3/23/2020. The bill has an emergency clause so it is effective
> upon the governor's signature rather than July 1, 2020.
>
> Here is a summary of the changes:
>
> *Homestead exemption (55-1003) *- the sliding scale tying the exemption to
> the equity is removed; it is now a flat statutory amount. The exemption
> amount also increases from $100,000 to $175,000.
>
> *11-605(a),(b),(c)* - no change to the aggregate exemption amount but the
> single item exemption increases from $750 to $1000.
>
> *Tools of the trade (11-605(3))* - increases from $2,500 to $10,000
>
> *Vehicle exemption (11-605(3))* - increases from $7,000 to $10,000
>
> *Water rights/crops (11-605(7))* - increases from $1,000 to $5,000
>
> *Firearm (11-605(8))* - increases from $750 to $1,500
>
> *Wildard (11-605(10))* - increases from $800 to $1,500
>
> *Disposable Earnings (11-605(11))* - increases from $1,500 to $2,500.
>
> It will take a few days for the changes to show up in the Idaho Statutes
> online.
>
> Sincerely,
> --
>
> 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.
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>


-- 
Idaho Bankruptcy Law
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.

From PGeile at foleyfreeman.com  Thu Mar 26 08:30:43 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Thu, 26 Mar 2020 14:30:43 +0000
Subject: [CLBS] FW: Covid Stimulus Bill Changes Bankruptcy Code
In-Reply-To: <8CEC1E52-6F2A-47F2-8DAF-5E64E037A0C5@id.uscourts.gov>
References: <r1.17260.89.109744.1585162512.71965.4uo@a2plmmsworker06.prod.iad2.gdg.mail>
 <8CEC1E52-6F2A-47F2-8DAF-5E64E037A0C5@id.uscourts.gov>
Message-ID: <MW3PR19MB4362B5B2296E9407230FBEB7A8CF0@MW3PR19MB4362.namprd19.prod.outlook.com>

Good Morning,

Below are some important changes to the SBRA and chapter 13?s among others.  Thanks Judge Pappas for forwarding this on.

Colleagues, Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to

[Image removed by sender.]



Colleagues,
Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to the Bankruptcy Code to assist small business debtors and all individual debtors. The House of Representatives will have to take up the bill shortly after the Senate passage; however, the Committee understands that while the House may want to add a liberalized homestead provision, the leadership is on board with these changes.

Here is a summary of those provisions, all of which sunset after one year:

? Amends the Small Business Reorganization Act to increase the eligibility threshold to file under subchapter V of chapter 11 of the U.S. Bankruptcy Code to businesses with less than $7,500,000 of debt.

? Amends the definition of income in the Bankruptcy Code for chapters 7 and 13 to exclude coronavirus-related payments from the federal government from being treated as ?income? for purposes of filing bankruptcy.

? Clarifies that the calculation of disposable income for purposes of confirming a chapter 13 plan shall not include coronavirus-related payments.

? Explicitly permits individuals and families currently in chapter 13 to seek payment plan modifications if they are experiencing a material financial hardship due to the coronavirus pandemic, including extending their payments for up to seven years after their initial plan payment was due.

Laurel Isicoff
NCBJ 2019-2020 President



?2020 NCBJ | 954 La Mirada, Laguna Beach, CA 92651

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From PGeile at foleyfreeman.com  Thu Mar 26 08:26:50 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Thu, 26 Mar 2020 14:26:50 +0000
Subject: [CLBS] FW: First Meetings Continued - Immediate Attention Required
In-Reply-To: <51dde8444a9a704eaf7a86ea9ed720db@mail.gmail.com>
References: 8d7780f97e8f69140a3ee64c20a4ccad@mail.gmail.com
 <51dde8444a9a704eaf7a86ea9ed720db@mail.gmail.com>
Message-ID: <MW3PR19MB4362EF06491D9B66390978A6A8CF0@MW3PR19MB4362.namprd19.prod.outlook.com>

Good Morning,

Brave new world isn?t it?

Most of you have already seen the notice below but I wanted to post to the list serve.

From Noah Hillen:

Counsel:

The U.S. Trustee?s Office has provided additional guidance regarding 341 meetings.  There will be no in-person 341 meetings until further notice.  First meetings will be conducted via telephone conference.


  1.  March 19, 2020 341 Meetings ? These meetings will be reset for Thursday, April 9, 2020.  We are not changing the time of the first meeting.  For example, if the meeting was originally set for 8:00 a.m. on March 19, 2020, then the meeting will be conducted on April 9, 2020 at 8:00 a.m.  This week, I will be filing a notice in each case resetting the first meeting and providing instructions for a conference call-in line.  All debtors and attorneys should call into the line ten minutes prior to the start of the meeting.  We will then call each case scheduled for that hour.



  1.  April 2, 16, and 30, 2020 341 Meetings ? These meetings will continue as scheduled, but will be telephonic meetings.  This week, I will be filing a notice in each case providing instructions for a conference call-in line.  All debtors and attorneys should call into the line ten minutes prior to the start of the meeting.  We will then call each case scheduled for that hour.  Telephonic meetings may also continue beyond April 30, 2020.



  1.  Conference Line Information for Noah Hillen ? Each trustee will have a unique conference line.  My conference line phone number is (877) 386-7687.  The participant code is 8741318.  The first meeting notices mentioned in items one and two above will also provide this call-in information.



  1.  341 Meeting Instructions for Debtor?s Counsel ? I have attached instructions for Debtor?s counsel for attending the telephonic first meetings.  Please review this document.  Note, that Debtor?s counsel will now be required to verify their clients? identification and Social Security Numbers.  Debtor?s counsel will also need to be in video communication with their client during the meeting, via Skype, Facetime, or other conferencing software. Debtors who cannot communicate with their attorney via a video communication system must copy, scan, or take a picture of their identification and proof of social security number and mail / email / send the copies or images to my office no later than two days prior to the meeting of creditors.



  1.  Bankruptcy Information Sheet ? Attached is a copy of the Bankruptcy Information Sheet.  Please ensure your clients review this sheet in advance of the 341 meeting.



  1.  Interpreter Cases ? If your clients will need the assistance of an interpreter, then contact my office at least two days prior to the 341 meeting.  My office will make sure that an interpreter is available for the 341 meeting.  If your client will need the assistance of an ASL interpreter, then please contact me as soon as possible, as we will need to make special arrangements for an ASL interpret.

Thank you.


From: Noah Hillen [mailto:ngh at hillenlaw.com<mailto:ngh at hillenlaw.com>]
Sent: Monday, March 16, 2020 2:46 PM
Subject: First Meetings Continued - Immediate Attention Required
Importance: High

Effective immediately, all in-person chapter 7, 11, 12, and 13 section 341 meetings scheduled through April 10, 2020, are continued until a later date to be determined.  Appropriate notice will be provided to parties in accordance with the bankruptcy code and rules.

Counsel:  Please immediately advise your clients of the continued first meetings.   The U.S. Trustee?s Office has requested the court post a notice on its website.  The U.S. Trustee?s Office will also post a notice on its website.

Absent special circumstances, section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors.   Eventually, we will have conference call lines set up for 341 meetings, however, for those meetings scheduled during the next week or so, there is inadequate time to arrange and provide notice to parties for telephonic 341 meetings.  These meetings will be continued to a date to be determined.

I do not know what future date meetings will be continued to.  I will provide additional information when it becomes available.

Noah G. Hillen, Chtd.
P.O. Box 6538
Boise, Idaho 83707
Email: ngh at hillenlaw.com<mailto:ngh at hillenlaw.com>
Phone: (208) 297-5774
Fax: (208) 297-5224
[small_orange]
The messages and attachments herein may contain confidential information protected by the attorney-client privilege or other privilege. These communications are intended to be private and may not be recorded or copied without the consent of the author.  If you believe any message has been sent to you in error, please reply to the sender and delete the message.  Thank you.

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From mtc at angstman.com  Thu Mar 26 12:42:54 2020
From: mtc at angstman.com (Matthew Christensen)
Date: Thu, 26 Mar 2020 18:42:54 +0000
Subject: [CLBS] Covid Stimulus Bill Changes Bankruptcy Code
In-Reply-To: <MW3PR19MB4362B5B2296E9407230FBEB7A8CF0@MW3PR19MB4362.namprd19.prod.outlook.com>
References: <r1.17260.89.109744.1585162512.71965.4uo@a2plmmsworker06.prod.iad2.gdg.mail>
 <8CEC1E52-6F2A-47F2-8DAF-5E64E037A0C5@id.uscourts.gov>
 <MW3PR19MB4362B5B2296E9407230FBEB7A8CF0@MW3PR19MB4362.namprd19.prod.outlook.com>
Message-ID: <MWHPR16MB0045A7F9FE6EFD82C8E0C53CC2CF0@MWHPR16MB0045.namprd16.prod.outlook.com>

Does anyone have good information on the effective date of the legislation?  I can't find it easily in the draft bill (800 pages!!).  Is this something that'll be immediately effective - or effective on a later date?

Matt


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Thursday, March 26, 2020 8:31 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] FW: Covid Stimulus Bill Changes Bankruptcy Code

Good Morning,

Below are some important changes to the SBRA and chapter 13?s among others.  Thanks Judge Pappas for forwarding this on.

Colleagues, Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to

[Image removed by sender.]



Colleagues,
Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to the Bankruptcy Code to assist small business debtors and all individual debtors. The House of Representatives will have to take up the bill shortly after the Senate passage; however, the Committee understands that while the House may want to add a liberalized homestead provision, the leadership is on board with these changes.

Here is a summary of those provisions, all of which sunset after one year:

? Amends the Small Business Reorganization Act to increase the eligibility threshold to file under subchapter V of chapter 11 of the U.S. Bankruptcy Code to businesses with less than $7,500,000 of debt.

? Amends the definition of income in the Bankruptcy Code for chapters 7 and 13 to exclude coronavirus-related payments from the federal government from being treated as ?income? for purposes of filing bankruptcy.

? Clarifies that the calculation of disposable income for purposes of confirming a chapter 13 plan shall not include coronavirus-related payments.

? Explicitly permits individuals and families currently in chapter 13 to seek payment plan modifications if they are experiencing a material financial hardship due to the coronavirus pandemic, including extending their payments for up to seven years after their initial plan payment was due.

Laurel Isicoff
NCBJ 2019-2020 President



?2020 NCBJ | 954 La Mirada, Laguna Beach, CA 92651

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From PGeile at foleyfreeman.com  Mon Mar 30 15:06:34 2020
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Mon, 30 Mar 2020 21:06:34 +0000
Subject: [CLBS] FW: Commercial Law and Bankruptcy Section ListServ
In-Reply-To: <DM3P110MB0428E297CF0202F577AF3E8194CB0@DM3P110MB0428.NAMP110.PROD.OUTLOOK.COM>
References: <DM3P110MB0428E297CF0202F577AF3E8194CB0@DM3P110MB0428.NAMP110.PROD.OUTLOOK.COM>
Message-ID: <BY5PR19MB3827D0E5C6A8DEC1CC28434EA8CB0@BY5PR19MB3827.namprd19.prod.outlook.com>

Please review the attached Notice.



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

From: Cahoon, Brett R. (USTP) <Brett.R.Cahoon at usdoj.gov>
Sent: Monday, March 30, 2020 3:05 PM
To: Patrick Geile <PGeile at foleyfreeman.com>
Subject: Commercial Law and Bankruptcy Section ListServ

Patrick,

Will you please send the attached Notice to the Commercial Law and Bankruptcy Section mailing list? Thanks.

Respectfully,

Brett R. Cahoon
Trial Attorney
U.S. Department of Justice
Office of the United States Trustee
720 Park Blvd., Ste. 220
Boise, ID 83712
(208) 334-1300 x 2226

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

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From staggart101 at gmail.com  Mon Mar 30 17:56:29 2020
From: staggart101 at gmail.com (Steve Taggart)
Date: Mon, 30 Mar 2020 17:56:29 -0600
Subject: [CLBS] Effective Date of Bankruptcy Changes
Message-ID: <FAA7648A-231D-4176-976A-20178AE92B1D@gmail.com>

The effective date is the date of enactment, ie. 3/27/20.

> Steven L. Taggart
> Attorney at Law
> MAYNES TAGGART PLLC
> 525 Park Avenue, Suite 2E
> Idaho Falls, ID 83402
> Office:  (208) 552-6442
> Cell: (208) 681-2464
> Facsimile: (208) 524-6095
> Website:  www.MaynesTaggart.com
> Email: staggart101 at gmail.com 
> 
> Confidentiality Notice:  This message is intended only for the use of the individual or entity to which it is addressed.  It may contain information that is privileged, confidential and exempt from disclosure under applicable law.  If the reader of this message is not the intended recipient, any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited.  If you have received this communication in error, please notify us immediately by reply email to the sender or collect telephone call to (208) 552-6442.


> On Mar 30, 2020, at 3:06 PM, clbs-request at admws.idaho.gov wrote:
> 
> ?Send CLBS mailing list submissions to
>    clbs at admws.idaho.gov
> 
> To subscribe or unsubscribe via the World Wide Web, visit
>    http://admws.idaho.gov/mailman/listinfo/clbs
> or, via email, send a message with subject or body 'help' to
>    clbs-request at admws.idaho.gov
> 
> You can reach the person managing the list at
>    clbs-owner at admws.idaho.gov
> 
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of CLBS digest..."
> 
> 
> Today's Topics:
> 
>   1. Re: Covid Stimulus Bill Changes Bankruptcy Code
>      (Matthew Christensen)
>   2. FW: Commercial Law and Bankruptcy Section ListServ (Patrick Geile)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Thu, 26 Mar 2020 18:42:54 +0000
> From: Matthew Christensen <mtc at angstman.com>
> To: Patrick Geile <PGeile at foleyfreeman.com>, "clbs at admws.idaho.gov"
>    <clbs at admws.idaho.gov>
> Subject: Re: [CLBS] Covid Stimulus Bill Changes Bankruptcy Code
> Message-ID:
>    <MWHPR16MB0045A7F9FE6EFD82C8E0C53CC2CF0 at MWHPR16MB0045.namprd16.prod.outlook.com>
>    
> Content-Type: text/plain; charset="utf-8"
> 
> Does anyone have good information on the effective date of the legislation?  I can't find it easily in the draft bill (800 pages!!).  Is this something that'll be immediately effective - or effective on a later date?
> 
> Matt
> 
> 
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
> Sent: Thursday, March 26, 2020 8:31 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] FW: Covid Stimulus Bill Changes Bankruptcy Code
> 
> Good Morning,
> 
> Below are some important changes to the SBRA and chapter 13?s among others.  Thanks Judge Pappas for forwarding this on.
> 
> Colleagues, Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to
> 
> [Image removed by sender.]
> 
> 
> 
> Colleagues,
> Our Legislative Committee reports that the stimulus bill that will hopefully get passed this afternoon by the Senate contains changes to the Bankruptcy Code to assist small business debtors and all individual debtors. The House of Representatives will have to take up the bill shortly after the Senate passage; however, the Committee understands that while the House may want to add a liberalized homestead provision, the leadership is on board with these changes.
> 
> Here is a summary of those provisions, all of which sunset after one year:
> 
> ? Amends the Small Business Reorganization Act to increase the eligibility threshold to file under subchapter V of chapter 11 of the U.S. Bankruptcy Code to businesses with less than $7,500,000 of debt.
> 
> ? Amends the definition of income in the Bankruptcy Code for chapters 7 and 13 to exclude coronavirus-related payments from the federal government from being treated as ?income? for purposes of filing bankruptcy.
> 
> ? Clarifies that the calculation of disposable income for purposes of confirming a chapter 13 plan shall not include coronavirus-related payments.
> 
> ? Explicitly permits individuals and families currently in chapter 13 to seek payment plan modifications if they are experiencing a material financial hardship due to the coronavirus pandemic, including extending their payments for up to seven years after their initial plan payment was due.
> 
> Laurel Isicoff
> NCBJ 2019-2020 President
> 
> 
> 
> ?2020 NCBJ | 954 La Mirada, Laguna Beach, CA 92651
> 
> Web Version<https://sable.madmimi.com/c/17260?id=109744.1754.1.3c10d51d80e19339da6b92ff437b998a&p=eyJ7e21pbWktc2lnbmF0dXJlfX0iOiIxNTc1NTI5MTMtNzA2MTQyNzM2MS1kNmMzNWIyZDczNGY2ODM3Yzk3Y2Y1YTRjNGQxOGNlMmRkOWYzY2JhIiwie3tlbWFpbElkfX0iOiIxMDk3NDQifQ==>
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> 
> ------------------------------
> 
> Message: 2
> Date: Mon, 30 Mar 2020 21:06:34 +0000
> From: Patrick Geile <PGeile at foleyfreeman.com>
> To: "clbs at admws.idaho.gov" <clbs at admws.idaho.gov>
> Subject: [CLBS] FW: Commercial Law and Bankruptcy Section ListServ
> Message-ID:
>    <BY5PR19MB3827D0E5C6A8DEC1CC28434EA8CB0 at BY5PR19MB3827.namprd19.prod.outlook.com>
>    
> Content-Type: text/plain; charset="us-ascii"
> 
> Please review the attached Notice.
> 
> 
> 
> Patrick J. Geile
> Foley Freeman PLLC
> (208) 947-1563
> 
> From: Cahoon, Brett R. (USTP) <Brett.R.Cahoon at usdoj.gov>
> Sent: Monday, March 30, 2020 3:05 PM
> To: Patrick Geile <PGeile at foleyfreeman.com>
> Subject: Commercial Law and Bankruptcy Section ListServ
> 
> Patrick,
> 
> Will you please send the attached Notice to the Commercial Law and Bankruptcy Section mailing list? Thanks.
> 
> Respectfully,
> 
> Brett R. Cahoon
> Trial Attorney
> U.S. Department of Justice
> Office of the United States Trustee
> 720 Park Blvd., Ste. 220
> Boise, ID 83712
> (208) 334-1300 x 2226
> 
> This message and any attachments are intended only for the addressee and may contain information that is privileged, "Limited Official Use," or "Sensitive But Unclassified."  If the reader of the message is not the intended recipient, then any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this e-mail message or by telephone at the number above, and delete the message and any attachments from your system. Thank you.
> 
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> 
> ------------------------------
> 
> Subject: Digest Footer
> 
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> 
> 
> ------------------------------
> 
> End of CLBS Digest, Vol 155, Issue 8
> ************************************

From paul at paulnjrosslaw.com  Tue Mar 17 12:25:51 2020
From: paul at paulnjrosslaw.com (Paul Ross)
Date: Tue, 17 Mar 2020 18:25:51 -0000
Subject: [CLBS] Continuances Of 341 Meetings
In-Reply-To: <CY1P110MB05672D337F627E45144074CE80F60@CY1P110MB0567.NAMP110.PROD.OUTLOOK.COM>
References: <CY1P110MB05672D337F627E45144074CE80F60@CY1P110MB0567.NAMP110.PROD.OUTLOOK.COM>
Message-ID: <CAByLFi6mqQ7igGq9ZQ6=yTveQdMmMPbGAC+tbQN5_ktURkR5Qg@mail.gmail.com>

Patrick sent out a notice earlier about continuances of 341 Hearings.

Here is a similar e-mail from Mr. Newman regarding the same for all the
state and includes Mr. Newman's letter.

Paul



Paul, would you please send the attached notice to the Bankruptcy Section
list serve?  Please also advise them that the U.S. Trustee is making
arrangements for telephonic 341 meetings and additional information will be
included in notices of continued 341 meetings.  Thanks!





Respectfully,



David W. Newman

Assistant United States Trustee

Districts of Idaho, Montana, and Utah

U.S. Department of Justice

Office of the United States Trustee

405 South Main Street, Suite 300

Salt Lake City, UT 84111

(801) 524-5149



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






-- 
Paul N. J. Ross Law, PLLC
T: (208) 219-7997
F: (208) 416-6996

This communication is intended for the party above.  If this e-mail has
been sent to you by mistake, please notify me immediately.  This
information is private and is confidential and unauthorized use can impose
penalties and liabilities.  A client-attorney relationship is not created
without a signed agreement and should not be construed as legal advice
without such an agreement.
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