From bartgreen at cableone.net Mon May 4 14:59:36 2020 From: bartgreen at cableone.net (Bart Green) Date: Mon, 4 May 2020 16:59:36 -0400 (EDT) Subject: [CLBS] Proposed Language in Voluntary Motions to Dismiss and Proposed Orders Dismissing Chapter 13 Cases Message-ID: <2075625432.31262036.1588625976123.JavaMail.zimbra@cableone.net> Dear Bankruptcy List-Serve Members, Attached are a Voluntary Motion to Dismiss and an Order Dismissing Case. Following the excellent work done by Ms. Alex Caval in objecting to a Chapter 13 Trustee's Final Report because the Trustee had taken trustee fees out of payments made by the debtor in a case that was not yet confirmed. (I never would have thought to have objected to that. My hat is off to Ms. Caval.) I recently was faced with two motions to dismiss from the Trustee, and both involved clients who are real estate agents and struggling because of our current Covid-19 economic shutdown. After discussing their respective situations both clients authorized me to object to the Trustee's motion and file a voluntary motion to dismiss in their respective cases, which was done. One case was before the Honorable Terry L. Myers, and the other was before the Honorable Joseph M. Meier. In both case, after the applicable period had run, we submitted a statement of no objection and a proposed order dismissing case. In the case before Judge Terry L. Myers he declined to give us some of the language that we requested in our motion and proposed order, but he reserved jurisdiction over the case for the purpose of reviewing the Trustee's final report. In the case before Judge Joseph M. Meier, we received the signed Order, which he signed yesterday . In it he gave us the requested language directing the Trustee to not take any trustee fees out of the payments and to return all of the payments to the debtors. That can be a big help to the clients in their current dilemma. In six to 12 months they may be eligible to refile as Chapter 7 if their earnings are still down, which I suspect they will be. I'd suggest that debtors counsel on all future Chapter 13 cases, where the Trustee files a motion to dismiss, and if your clients want their case dismissed due to a significant change in circumstances, that you respond with an objection to the Trustee's motion and file a voluntary motion containing the language that I used in the attached motion and order -- at least as to cases before Judge Joseph M. Meier. As to cases before Judge Terry L. Myers we may have to wait and see in a final report whether the Trustee attempts to take trustee fees, and if so then object to see what kind of ruling we may get from Judge Myers. It would be nice to have several cases ruling on the matter and ideally from more than one judge. Sincerely, Bart Green -------------- next part -------------- A non-text attachment was scrubbed... Name: OrderDismissingCaseZieglmeier.pdf Type: application/pdf Size: 62348 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: FiledVoluntaryMotionToDismissCourtCopy.pdf Type: application/pdf Size: 54170 bytes Desc: not available URL: From paul at idbankruptcylaw.com Wed May 6 00:06:14 2020 From: paul at idbankruptcylaw.com (Paul Ross) Date: Wed, 6 May 2020 00:06:14 -0600 Subject: [CLBS] New ABA Formal Ethics Opinion #491 Message-ID: FYI New ABA Formal Ethics Opinion #491 imposes a higher standard, a duty of inquiry, on lawyers who may be assisting clients in prebankruptcy planning. "Lawyers have ethical duties to inquire whether a client is seeking to use their services to commit fraud or other criminal activity. This duty to inquire extends beyond Model Rule 1.2(d) , which prohibits a lawyer from advising or assisting a client with conduct the lawyer knows is criminal or fraudulent. The ABA?s Standing Committee on Professional Responsibility has issued Formal Opinion 491 to clarify this requirement in the wake of increased reporting of individuals using legal services for money laundering and terrorist financing. The opinion states that ?the legal professional has become increasingly alert to the risk that a client or prospective client might try to retain a lawyer for a transaction or other non-litigation matter that could be legitimate but which further inquiry would reveal to be criminal or fraudulent.? In other words, a lawyer cannot simply turn a blind eye by claiming he or she wasn?t positive that the client was involved in criminal activity. If the facts ?indicate a high probability? the client is using the lawyer to commit fraud or crime, the lawyer must inquire. The lawyer cannot ?ignore the obvious.? But the opinion notes that ?Rule 1.2(d) is not the only source of a lawyer?s duty to inquire.? The ethical duties also involve the duty of competency under Rule 1.1 ; the duty of diligence under Rule 1.3 ; the duty to communicate with clients under Rule 1.4 ; the duty to avoid professional misconduct and avoid dishonesty under Rule 8.4(b) and (c) ; and the duty to withdraw under Rule 1.16 . The opinion also cites Rule 1.13 , which imposes a duty to inquire into the interests of an organization or entity the lawyer is representing. If the client refuses to answer a lawyer?s questions or asks the lawyer not to evaluate whether a course of action or transaction is legal, the lawyer must still make an ?appropriate inquiry.? If the client will not provide the necessary information to the lawyer, the lawyer must withdraw or decline representation. If the lawyer can obtain information from sources other than the prospective client without breaching confidentiality obligations under Rules 1.6 or 1.18 , the lawyer should seek the information. ?Overall, as long as the lawyer conducts a reasonable inquiry, it is ordinarily proper to credit an otherwise trustworthy client where information gathered from other sources fails to resolve the issue, even if some doubt remains,? the opinion reads. For example, the lawyer may have represented the client previously or ?know the client personally, professionally, or socially.? https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-491.pdf -- 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 tyler at twinfallsattorneys.com Wed May 13 13:42:23 2020 From: tyler at twinfallsattorneys.com (Tyler McGee) Date: Wed, 13 May 2020 19:42:23 +0000 Subject: [CLBS] Bank wants nothing to do with surrendered vehicle Message-ID: Listmates, Looking for advice on an issue I haven't dealt with. Potential client files chapter 7 case last year. It appears that went well and the case was closed a couple of months after filing. At the time of filing, she owed about $2,500 on a vehicle that wasn't drivable due to costly repairs (approx. $5,000 in repairs). Wisely, she chose not to sign the reaffirmation agreement when it was sent by the creditor. She never heard anything again from the creditor (who is located in California where the vehicle was purchased) until after the bankruptcy was closed. Creditor contacted her and asked her what she wanted to do with the vehicle, she indicated that she would like to surrender it. She told bank where to pick the vehicle up in Idaho she also told the bank that the vehicle needed big repairs. This California bank apparently decided it didn't want to send someone to Idaho to pick up a piece of junk so told her that they were not going to pick it up, and told her that if she wanted the title cleared they'd remove themselves from the title for a fee of $1,100. PC is now wondering what to do with the car. She would like to get rid of it, but she says she's called around and no one will take it without a clear title. She says she's explored junking it, donating it, etc, no one wants it with a lienholder on the title. She doesn't wnt to pay the $1,100 to the bank to get it off the title. Normally I would tell her to tow it over to the bank and leave it, but the creditor is in California with no locations here. Any ideas on how this person can dump this albatross? Thanks. Tyler J. McGee ROY, NIELSON, PLATTS, McGEE & SCHOETTGER P.O. Box 487 Twin Falls, Idaho 83303-0487 Phone: (208) 734-4450 Fax: (208) 734-4452 From rmaynes at maynestaggart.com Tue May 19 10:46:40 2020 From: rmaynes at maynestaggart.com (Robert Maynes) Date: Tue, 19 May 2020 10:46:40 -0600 Subject: [CLBS] Colorado(Denver) Referral Message-ID: <1EEBC4EE-9C58-442E-A797-20230B608C39@maynestaggart.com> Listmates, Good morning! I have a client who needs a Colorado attorney who can assist him with real estate and potentially bankruptcy matters. COVID-19 has proven difficult for a couple of restaurant ventures that he has and he needs help defending against prospective landlord action. Any suggestions? Kindest regards, Rob ROBERT J. MAYNES MAYNES TAGGART, PLLC 1449 E. 17th Street, Suite A P.O. Box 3005 Idaho Falls, Idaho 83403 (208) 552-6442 (208) 524-6095 fax Confidentiality Notice: This message is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email to the sender or collect telephone call to (208) 552-6442. Internal Revenue Service Circular 230 Disclosure: Please note that any discussion of or advice regarding United States tax matters contained herein (including any attachments hereto) does not meet the requirements necessary to be a "covered opinion" as defined in Internal Revenue Service Circular 230, and therefore, is not intended or written to be relied upon or used and cannot be relied upon or used for the purpose of avoiding federal tax penalties that may be imposed or for the purpose of promoting, marketing, or recommending any tax-related matters or advice to another party. From felsaesser at eaidaho.com Tue May 19 11:01:45 2020 From: felsaesser at eaidaho.com (Ford Elsaesser) Date: Tue, 19 May 2020 17:01:45 +0000 Subject: [CLBS] Colorado(Denver) Referral In-Reply-To: <1EEBC4EE-9C58-442E-A797-20230B608C39@maynestaggart.com> References: <1EEBC4EE-9C58-442E-A797-20230B608C39@maynestaggart.com> Message-ID: Jim markus would be my recommendation-ford -----Original Message----- From: CLBS On Behalf Of Robert Maynes Sent: Tuesday, May 19, 2020 9:47 AM To: clbs at admws.idaho.gov Subject: [CLBS] Colorado(Denver) Referral Listmates, Good morning! I have a client who needs a Colorado attorney who can assist him with real estate and potentially bankruptcy matters. COVID-19 has proven difficult for a couple of restaurant ventures that he has and he needs help defending against prospective landlord action. Any suggestions? Kindest regards, Rob ROBERT J. MAYNES MAYNES TAGGART, PLLC 1449 E. 17th Street, Suite A P.O. Box 3005 Idaho Falls, Idaho 83403 (208) 552-6442 (208) 524-6095 fax Confidentiality Notice: This message is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email to the sender or collect telephone call to (208) 552-6442. Internal Revenue Service Circular 230 Disclosure: Please note that any discussion of or advice regarding United States tax matters contained herein (including any attachments hereto) does not meet the requirements necessary to be a "covered opinion" as defined in Internal Revenue Service Circular 230, and therefore, is not intended or written to be relied upon or used and cannot be relied upon or used for the purpose of avoiding federal tax penalties that may be imposed or for the purpose of promoting, marketing, or recommending any tax-related matters or advice to another party. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From hollysutherland75 at gmail.com Tue May 19 13:01:19 2020 From: hollysutherland75 at gmail.com (Holly Sutherland) Date: Tue, 19 May 2020 13:01:19 -0600 Subject: [CLBS] Workman's Comp attorney referral Message-ID: I have a prior client that lives in Malheur County and is looking for a referral for a Workman's Comp attorney that can practice in Oregon. Any referrals. Holly Sutherland Attorney and Counselor at Law 3090 E. Gentry Way, Ste. 150 Meridian, ID 83642 (208) 639-9400 holly at averylaw.net From mtc at angstman.com Wed May 20 06:31:35 2020 From: mtc at angstman.com (Matthew Christensen) Date: Wed, 20 May 2020 12:31:35 +0000 Subject: [CLBS] Colorado(Denver) Referral In-Reply-To: References: <1EEBC4EE-9C58-442E-A797-20230B608C39@maynestaggart.com> Message-ID: Rob Cohen, Jr. https://www.cohenlawdenver.com/attorneys/denver-bankruptcy-attorney-rob-cohen-jr/ MTC -----Original Message----- From: CLBS On Behalf Of Ford Elsaesser Sent: Tuesday, May 19, 2020 11:02 AM To: 'Robert Maynes' ; clbs at admws.idaho.gov Subject: Re: [CLBS] Colorado(Denver) Referral Jim markus would be my recommendation-ford -----Original Message----- From: CLBS On Behalf Of Robert Maynes Sent: Tuesday, May 19, 2020 9:47 AM To: clbs at admws.idaho.gov Subject: [CLBS] Colorado(Denver) Referral Listmates, Good morning! I have a client who needs a Colorado attorney who can assist him with real estate and potentially bankruptcy matters. COVID-19 has proven difficult for a couple of restaurant ventures that he has and he needs help defending against prospective landlord action. Any suggestions? Kindest regards, Rob ROBERT J. MAYNES MAYNES TAGGART, PLLC 1449 E. 17th Street, Suite A P.O. Box 3005 Idaho Falls, Idaho 83403 (208) 552-6442 (208) 524-6095 fax Confidentiality Notice: This message is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email to the sender or collect telephone call to (208) 552-6442. Internal Revenue Service Circular 230 Disclosure: Please note that any discussion of or advice regarding United States tax matters contained herein (including any attachments hereto) does not meet the requirements necessary to be a "covered opinion" as defined in Internal Revenue Service Circular 230, and therefore, is not intended or written to be relied upon or used and cannot be relied upon or used for the purpose of avoiding federal tax penalties that may be imposed or for the purpose of promoting, marketing, or recommending any tax-related matters or advice to another party. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From paul at idbankruptcylaw.com Wed May 20 08:23:00 2020 From: paul at idbankruptcylaw.com (Paul Ross) Date: Wed, 20 May 2020 08:23:00 -0600 Subject: [CLBS] Fwd: NACBA Announcement - HEROES Act Bankruptcy Provisions In-Reply-To: <0100017232068197-85b28ea0-b921-4101-8c8c-77ae8350dc97-000000@email.amazonses.com> References: <0100017232068197-85b28ea0-b921-4101-8c8c-77ae8350dc97-000000@email.amazonses.com> Message-ID: Here are an outline of some of the bankruptcy provisions in the HEROES Act. NACBA?s Legislative Committee and Board of Directors proudly share our association?s bankruptcy provisions included in H.R. 6800. (*Click here to read the bill text ,* bankruptcy protections begin on page 993). 1. *Protecting Homes and COVID Benefits. *The House bill included a $100,000 homestead exemption floor, applicable to all cases where the homestead exemption would otherwise be lower, and a provision excluding COVID benefits from property of the bankruptcy estate. Many debtors will be filing bankruptcy cases solely because of the pandemic and its effects. They should not lose their homes just because these circumstances caused financial disaster. And debtors should also be protected from trustees seizing COVID benefits that are often essential to continued subsistence. 2. *Protection from Discrimination Against Bankruptcy Debtors. *In the initial days of attempting to obtain benefits afforded by the CARES Act, bankruptcy debtors were being told that they cannot receive the benefits such as mortgage relief and small business loans because they are in bankruptcy. Bankruptcy Code section 525 is amended to make clear that no entity can discriminate against past or current bankruptcy debtors in providing COVID-related mortgage assistance. 3. *Ensuring Chapter 13 is Available to Families that Need It. *The debt limits in Chapter 13 have not kept up with increasing home mortgage and student loan debt. Chapter 13 can also provide a method of reorganization from many small businesses that is much less expensive than chapter 11. The chapter 13 debt limits are doubled by the bill, which would allow more families and small businesses to file chapter 13 cases to resolve the hardships caused by this crisis. 4. *Ensuring a Fresh Start for Chapter 13 Debtors Who Become Unable to Make Plan Payments. *Debtors currently in chapter 13 will lose jobs and income or have large medical expenses, making continued payments impossible. They now have the option to obtain a chapter 13 discharge without completing payments if they have been in chapter 13 for at least one year. 5. *Allowing an Extended Period for Chapter 13 Debtors to Catch Up on Missed Mortgage Payments.* Debtors currently must complete their chapter 13 plans within a five-year period. They are now allowed to extend their chapter 13 plans for up to an additional 2 years, not to exceed 7 years, solely to allow them to catch up on missed mortgage payments or on mortgage payments which had been subject to forbearances. While not all offered provisions were incorporated into the current bill, NACBA is strongly continuing our efforts towards getting them into the final House and Senate compromise bill. One provision NACBA continues to push for is: 1. *Giving Chapter 13 Debtors Options to Deal with Mortgage Payments When There Has Been Forbearance on Those Payments*. This provision permits mortgage servicers to file a supplemental claim when there has been forbearance on mortgage payments during a chapter 13 plan. The debtor can request that the court modify the plan or order that the mortgage payments be deferred until then end of the mortgage period. The court can also order mediation to allow the debtor and mortgage servicer to work out a mutually satisfactory arrangement to deal with the payments. -- 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 grewal at ghslawoffice.com Wed May 20 12:50:17 2020 From: grewal at ghslawoffice.com (grewal at ghslawoffice.com) Date: Wed, 20 May 2020 11:50:17 -0700 Subject: [CLBS] Claims question Message-ID: <058201d62ed7$82096b30$861c4190$@ghslawoffice.com> Listmates: I received a POC from a Creditor in a Chapter 13 case. The original balance owed was only $54.44 back in September, 2016. No other charges were made since this was an account for a business which dissolved in September , 2016. The credit card was in the Debtor?s name even though it was used exclusively for the business. The POC is for $315.22. When I questioned the creditor I got a response that it includes all late fees and interest until they charged it off. Clearly, the debtors have no input as to the selected charge off date. Is it a valid POC or can I object to the amount? Any help will be appreciated. Sincerely, Savi Grewal LAW OFFICES OF SAVI GREWAL PO Box 3013 Coeur d?Alene, Idaho 83816-3013 Tel: 208-765-9404 Fax: 208-777-2624 Email: grewal at ghslawoffice.com NOTICE: THIS ELECTRONIC TRANSMISSION, AND/OR THE DOCUMENTS ACCOMPANYING IT, MAY CONTAIN CONFIDENTIAL INFORMATION, BELONGING TO THE SENDER, THAT IS PROTECTED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 U.S.C. ?? 2510 AND 2521 AND MAY BE LEGALLY PRIVILEGED. THIS MESSAGE, AND ANY ASSOCIATED FILES, ARE INTENDED ONLY FOR THE USE OF THE PERSONS AND/OR ENTITIES TO WHOM IT IS ADDRESSED. THE INFORMATION TRANSMITTED IS CONFIDENTIAL AND/OR PROTECTED BY A LEGAL PRIVILEGE OR AS ATTORNEY WORK PRODUCT. ANY REVIEW, COPYING, PRINTING, DISCLOSURE, DISTRIBUTION, OR ANY OTHER USE, IS STRICTLY PROHIBITED. IF YOU ARE THE INTENDED RECIPIENT, YOU ACKNOWLEDGE THAT THE E-MAIL ADDRESS BEING UTILIZED IS SECURE AND THAT THERE WILL NOT BE A WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE OR BREACH OF DUTY OF CONFIDENTIALITY BY THE SENDER?S CORRESPONDENCE TO THAT E-MAIL ADDRESS. IF THIS TRANSMISSION IS NOT INTENDED FOR YOU, OR YOU BELIEVE THAT YOU RECEIVED IT IN ERROR, PLEASE DELETE THE COPY YOU RECEIVED AND CONTACT THE SENDER FOR FURTHER INSTRUCTIONS AT 208-765-9404, THANK YOU. From doneill at idalaw.com Wed May 20 15:35:28 2020 From: doneill at idalaw.com (Derrick O'Neill) Date: Wed, 20 May 2020 21:35:28 +0000 Subject: [CLBS] looking for collection lawyer in Bay area Message-ID: <0938abcdcf134c2b8c1ac849a0a8665d@idalaw.com> Debtor works at Cal Berkley; we need to domesticate an Idaho judgment and garnish wages. Any referrals? Derrick Derrick J. O'Neill Jones Williams Fuhrman Gourley, P.A. 225 North 9th St. Ste 820 Boise, Idaho 83702 PO Box 1097 Boise, Idaho 83701 doneill at idalaw.com 208-331-1170 From ajt at aaronjtolsonlaw.com Thu May 21 21:26:16 2020 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Thu, 21 May 2020 21:26:16 -0600 Subject: [CLBS] Capital Gains problem Message-ID: I had a client that filed Chapter 7 last year due to a failing business in Challis. The 2019 taxes were just done by H&R Block, who decided that all the depreciation should be added as income and taxed as capital gains due to the administratively closed business which went back to the secured creditor, resulting in a $37,000 tax bill to feds and $4840 to the State of Idaho. The income for the family was around $14,000 for the whole 2019 year. Anyone had this happen and know of help for these debtors? Something seems fishy to me. -- 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 PGeile at foleyfreeman.com Tue May 26 12:45:10 2020 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Tue, 26 May 2020 18:45:10 +0000 Subject: [CLBS] CARES forbearance Message-ID: I have a client significantly delinquent on a home mortgage dating back 12 months. Can he still take advantage of the forbearance request under the CARES act? Is the mortgage company required to give a forbearance in that case? Patrick J. Geile Attorney [cid:image001.png at 01D6335B.7D726DA0] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: www.foleyfreeman.com Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 13957 bytes Desc: image001.png URL: From PGeile at foleyfreeman.com Thu May 28 11:38:57 2020 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Thu, 28 May 2020 17:38:57 +0000 Subject: [CLBS] Executing on a right to appeal Message-ID: In Idaho can a creditor execute on an appeal right in Idaho? The appeal is from a bankruptcy court. I think the creditor can as I don' think any exemption applies. Patrick J. Geile Attorney [cid:image001.png at 01D634E4.91C34650] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: www.foleyfreeman.com Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7837 bytes Desc: image001.png URL: From RFaucher at hollandhart.com Thu May 28 11:46:53 2020 From: RFaucher at hollandhart.com (Robert Faucher) Date: Thu, 28 May 2020 17:46:53 +0000 Subject: [CLBS] Executing on a right to appeal In-Reply-To: References: Message-ID: <300cd88039fb41d9b5b005ffba873571@VHHEXMB01.hollandhart.com> Patrick, I argued this issue in front of the Idaho Supreme Court very recently. The Supreme Court has looked at the issue several times, but always shies away from issuing a precedential opinion for some reason. The Supreme Court has consistently held that a judgment creditor can execute on the chose in action notwithstanding a pending appeal, if no bond has been posted. In my case, the Supreme Court vacated the stay of execution that the district court had granted. You're correct, there is no exemption. California prohibits it by statute. Bob Robert A. Faucher Holland & Hart LLP 800 W. Main St., Suite 1750 Boise, ID 83702 Phone (208) 383-3941 (dd) (208) 283-6781 (m) Fax (208) 343-8869 E-Mail: rfaucher at hollandhart.com [cid:image001.gif at 01D634E5.30C350B0] CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. From: CLBS On Behalf Of Patrick Geile Sent: Thursday, May 28, 2020 11:39 AM To: clbs at admws.idaho.gov Subject: [CLBS] Executing on a right to appeal External Email In Idaho can a creditor execute on an appeal right in Idaho? The appeal is from a bankruptcy court. I think the creditor can as I don' think any exemption applies. Patrick J. Geile Attorney [cid:image001.png at 01D634E4.91C34650] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: www.foleyfreeman.com> Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 3241 bytes Desc: image001.gif URL: From lewis at hwmlawfirm.com Thu May 28 12:48:58 2020 From: lewis at hwmlawfirm.com (Lewis Stoddard) Date: Thu, 28 May 2020 18:48:58 +0000 Subject: [CLBS] Executing on a right to appeal In-Reply-To: <300cd88039fb41d9b5b005ffba873571@VHHEXMB01.hollandhart.com> References: <300cd88039fb41d9b5b005ffba873571@VHHEXMB01.hollandhart.com> Message-ID: There is some authority from the State of Nevada that makes a distinction as to whether the appeal is of affirmative claims that are being pursued or purely defensive. I lost on an attempt to levy on an appeal that was purely defensive, meaning the appellant only asserted affirmative defenses but no affirmative claims/counterclaims. Thanks. Lewis N. Stoddard* Attorney HALLIDAY WATKINS & MANN, P.C. Direct Phone: 208-670-8001 Fax: 801-328-9714 *Licensed in Idaho, Alaska, Tennessee, Washington, Montana, and Wyoming. www.hwmlawfirm.com Colorado | Idaho | Minnesota | Montana | Nebraska | North Dakota | South Dakota | Utah | Wyoming CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. Delivery of this message to any person other than the intended recipient shall not constitute a waiver of any right, privilege or exemption. If you are not the intended recipient, you are hereby expressly prohibited from dissemination, copy or any use whatsoever of this transmission and its contents. Furthermore, if you receive this transmission in error, please reply or call the sender and arrangements will be made to retrieve the originals from you at no charge. Pursuant to the Fair Debt Collections Practices Act, you are advised that Halliday, Watkins & Mann, P.C. may be deemed to be a debt collector attempting to collect a debt and any information will be used for that purpose. -----Original Message----- From: CLBS On Behalf Of Robert Faucher Sent: Thursday, May 28, 2020 11:47 AM To: Patrick Geile ; clbs at admws.idaho.gov Subject: Re: [CLBS] Executing on a right to appeal Patrick, I argued this issue in front of the Idaho Supreme Court very recently. The Supreme Court has looked at the issue several times, but always shies away from issuing a precedential opinion for some reason. The Supreme Court has consistently held that a judgment creditor can execute on the chose in action notwithstanding a pending appeal, if no bond has been posted. In my case, the Supreme Court vacated the stay of execution that the district court had granted. You're correct, there is no exemption. California prohibits it by statute. Bob Robert A. Faucher Holland & Hart LLP 800 W. Main St., Suite 1750 Boise, ID 83702 Phone (208) 383-3941 (dd) (208) 283-6781 (m) Fax (208) 343-8869 E-Mail: rfaucher at hollandhart.com [cid:image001.gif at 01D634E5.30C350B0] CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. From: CLBS On Behalf Of Patrick Geile Sent: Thursday, May 28, 2020 11:39 AM To: clbs at admws.idaho.gov Subject: [CLBS] Executing on a right to appeal External Email In Idaho can a creditor execute on an appeal right in Idaho? The appeal is from a bankruptcy court. I think the creditor can as I don' think any exemption applies. Patrick J. Geile Attorney [cid:image001.png at 01D634E4.91C34650] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.foleyfreeman.com%2F&data=02%7C01%7Clewis%40hwmlawfirm.com%7C65c59d83cd714f2e3cfe08d8032f2236%7Cf3c3f1da4f2f451285ab14bcb87917c6%7C0%7C1%7C637262848275422966&sdata=M%2Feb4hhVPsTgnEeRVtfho8JcEjlB7Nvaxlu3zo93%2Bp0%3D&reserved=0> Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. From PGeile at foleyfreeman.com Thu May 28 13:12:19 2020 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Thu, 28 May 2020 19:12:19 +0000 Subject: [CLBS] Executing on an appeal right Message-ID: Good afternoon, I received several helpful responses to my earlier email and Mark Conlon sent this 2011 decision staying the execution of an appeal right. Patrick J. Geile Attorney [cid:image001.png at 01D634F1.9C30B9D0] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: www.foleyfreeman.com Foley Freeman is committed to continuing to providing quality legal services to our clients while at the same time, promoting the health and well-being of our clients and staff. As a result of the current Covid-19 pandemic, Foley Freeman has transitioned for the time being to a largely remote work environment. Accordingly, response times to your e-mail communications may be slower than usual. We understand your legal matters are of utmost importance to you and promise to respond as soon as possible. Thank you for your patience. Stay safe! CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... 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