From tecla.druffel at gmail.com  Mon Apr  5 15:09:09 2021
From: tecla.druffel at gmail.com (Tecla Druffel)
Date: Mon, 5 Apr 2021 14:09:09 -0700
Subject: [CLBS] Chapter 13 filing rates-- comparison between 2008 and 2020
Message-ID: <CANF_1yi_uWbvXuRRt_n_4eXkgRTF88QR0aoLhONn+fKMAbZ3-A@mail.gmail.com>

Colleagues,

One of our judges thought this article would be of interest to members of
the listserv.

Tecla Druffel
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From bartgreen at cableone.net  Mon Apr  5 15:31:56 2021
From: bartgreen at cableone.net (Bart Green)
Date: Mon, 5 Apr 2021 17:31:56 -0400 (EDT)
Subject: [CLBS] Chapter 13 filing rates-- comparison between 2008 and
 2020
In-Reply-To: <CANF_1yi_uWbvXuRRt_n_4eXkgRTF88QR0aoLhONn+fKMAbZ3-A@mail.gmail.com>
References: <CANF_1yi_uWbvXuRRt_n_4eXkgRTF88QR0aoLhONn+fKMAbZ3-A@mail.gmail.com>
Message-ID: <1001000459.391023422.1617658316506.JavaMail.zimbra@cableone.net>


Tecla, 
That is very interesting.  Thank you for sharing it with the rest of us. 
-- Bart Green
----- Original Message -----
From: "Tecla Druffel" <tecla.druffel at gmail.com>
To: "CLBS" <clbs at admws.idaho.gov>
Sent: Monday, April 5, 2021 3:09:09 PM
Subject: [CLBS] Chapter 13 filing rates-- comparison between 2008 and 2020

Colleagues,

One of our judges thought this article would be of interest to members of
the listserv.

Tecla Druffel

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

From tecla.druffel at gmail.com  Tue Apr  6 10:54:21 2021
From: tecla.druffel at gmail.com (Tecla Druffel)
Date: Tue, 6 Apr 2021 09:54:21 -0700
Subject: [CLBS] Vandal Giving Day/Ford Elsaesser matching gift
Message-ID: <CANF_1yj4O2dUC63=6SB8=Mw=ph0iuLK-F6nWKO-MaD=kXH4+_w@mail.gmail.com>

Dear Colleagues:

I have been asked to share the information below with you. Please contact
Michele Bartlett (contact information below) if you have any questions.

Go Vandals!

Tecla


Today is Vandal Giving Day.  Thanks to the generosity of Ford Elsaesser,
every gift made to the Judge Alfred C. Hagan Memorial Endowment Fund will
be matched, dollar for dollar, up to $2,500.  The Judge Alfred C. ?Bud?
Hagan Memorial Fund is a dedicated scholarship fund at the University of
Idaho College of Law that primarily supports the participation of second-
and third-year law students in the annual Hon. Conrad Duberstein Bankruptcy
Moot Court Competition.

Hagan was a beloved federal court bankruptcy judge and Fourth District
Judge for Ada County. A native of Moscow, he dearly loved the University of
Idaho, particularly the College of Law. With your help, the Hagan Memorial
Fund will continue to provide excellence in bankruptcy advocacy education,
proven out by the fact that many Duberstein competitors are now prominent
bankruptcy practitioners and trustees in Idaho and throughout the Northwest
region.

Double the impact of your gift and double the impact for our students!  Give
Here
<https://vandalsgive.uidaho.edu/giving-day/31531/department/31536/leaderboards>







*MICHELE BARTLETT*, J.D., '93, '96

Sr. Director of Development



*College of Law*
bartlett at uidaho.edu <%0bbartlett at uidaho.edu>
https://www.uidaho.edu/giving/law
208-364-4044 (Office) |  208-573-5801 (Cell)
PO Box 83720  |  Boise ID 83720-0051   |  United States
514 W. Jefferson St.  |  Boise ID 83720-0051   |  United States

 [image: niversity of Idaho]

From rmaynes at eastidahocu.org  Thu Apr  8 10:28:22 2021
From: rmaynes at eastidahocu.org (Robert J. Maynes)
Date: Thu, 8 Apr 2021 16:28:22 +0000
Subject: [CLBS] Discharge Violation vs. Voluntary Payment
Message-ID: <0F96B4B7-7310-40D2-A4F8-1386E8789D0F@eastidahocu.org>

Hi Listmates,
I hope all are well and doing well!  I have an interesting question to run by the group.  Assume the debtor received a discharge several years ago and discharged a few thousand dollars owed to the credit union.  Debtor now approaches the credit union for a loan and as a part of the loan wants to ?make things right? and pay the discharged amount.  I appreciate the debtor can voluntarily pay any discharged debt, but what is the likelihood that debtor later has a change of heart and asserts that he was coerced into making the payment and as such it was a violation of the discharge?  What other risks might there be?  Any recommendations on how best to minimize the risks?
Kindest regards,
Rob





Any personal opinions, conclusions, or other information expressed in the email are neither given nor endorsed by EICU. Please be aware that EICU will never request personal or financial information via unsecured email. If you need to send something securely, please make the request.

From dbc at dbclarklaw.com  Thu Apr  8 15:43:30 2021
From: dbc at dbclarklaw.com (dbc dbclarklaw.com)
Date: Thu, 8 Apr 2021 21:43:30 +0000
Subject: [CLBS] Discharge Violation vs. Voluntary Payment
In-Reply-To: <0F96B4B7-7310-40D2-A4F8-1386E8789D0F@eastidahocu.org>
References: <0F96B4B7-7310-40D2-A4F8-1386E8789D0F@eastidahocu.org>
Message-ID: <BYAPR02MB4853808586DBD8238472B65DDB749@BYAPR02MB4853.namprd02.prod.outlook.com>

If it's like every other credit union with which I've dealt, they won't give him a loan until he "makes it right."  He didn't reaffirm, obviously, but I doubt it's an involuntary collection.  He didn't have to get the loan from them.  

I don't know a way to avoid this.  If there's a document with some sort of "weasel-word" language (like, I'm paying this under protest, etc.,) then they probably won't give it to him.  Just my 2 cents (3 adjusted for inflation).

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 Robert J. Maynes
Sent: Thursday, April 8, 2021 10:28 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Discharge Violation vs. Voluntary Payment

Hi Listmates,
I hope all are well and doing well!  I have an interesting question to run by the group.  Assume the debtor received a discharge several years ago and discharged a few thousand dollars owed to the credit union.  Debtor now approaches the credit union for a loan and as a part of the loan wants to ?make things right? and pay the discharged amount.  I appreciate the debtor can voluntarily pay any discharged debt, but what is the likelihood that debtor later has a change of heart and asserts that he was coerced into making the payment and as such it was a violation of the discharge?  What other risks might there be?  Any recommendations on how best to minimize the risks?
Kindest regards,
Rob





Any personal opinions, conclusions, or other information expressed in the email are neither given nor endorsed by EICU. Please be aware that EICU will never request personal or financial information via unsecured email. If you need to send something securely, please make the request.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

From tecla at lewistonbankruptcylawyer.com  Fri Apr 23 15:09:22 2021
From: tecla at lewistonbankruptcylawyer.com (Tecla Druffel)
Date: Fri, 23 Apr 2021 21:09:22 +0000
Subject: [CLBS] Important information from US Trustee's Office regarding Ch.
 11 Operating Reports
Message-ID: <MWHPR1201MB0029926D50F4E6DE700C4427D0459@MWHPR1201MB0029.namprd12.prod.outlook.com>

Dear Members of the Commercial Law and Bankruptcy Section:

Please see the important email from Jason Naess below.

Thank you,
Tecla


Tecla E. Druffel
Attorney at Law
TED BK, PLLC
312 Main Street
P.O. Box 323
Lewiston, Idaho 83501
P: (208) 743-9569
F: (888) 877-4307

From: Naess, Jason R. (USTP)
Sent: Friday, April 23, 2021 2:05 PM
To: Tecla Druffel <tecla at lewistonbankruptcylawyer.com>
Subject: Email to be circulated to the Bankruptcy and Commercial Law Section listserve

Tecla:

Would it be possible to forward the below email to the Bankruptcy and Commercial Law Section listserve?

Thanks,

Jason

Good afternoon Idaho Bankruptcy Bar:

We are just under two months from the effective date of the final rule published in December 2020 "Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11."  The rule governs the filing of pre-confirmation monthly operating reports (MORs) and quarterly post-confirmation reports (PCRs) by most non-small business chapter 11 debtors, and has resulted in the development of new forms that will be required for all report filings after June 2021.

For more information on the rule and the new forms, please visit:  https://www.justice.gov/ust/chapter-11-operating-reports

The US Trustee's Office will be conducting training on the new forms prior to the June 21, 2021, effective date of the rule.  Information on that training will be provided at a later date.

Until the effective date of the rule, filers should continue to use the currently applicable forms.

Thank you,

Jason

Jason R. Naess
Assistant United States Trustee
U.S. Department of Justice
Office of the United States Trustee
720 Park Blvd., Suite 220
Boise, ID 83712
(202) 934-4157

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.


From ajt at aaronjtolsonlaw.com  Wed Apr 28 11:14:16 2021
From: ajt at aaronjtolsonlaw.com (Aaron Tolson)
Date: Wed, 28 Apr 2021 11:14:16 -0600
Subject: [CLBS] Always hearing something new
Message-ID: <CAJy6kP42nqbijVBhHxYWNUCN00pAcHuBmR+yU62Duc40VJeL+Q@mail.gmail.com>

Wife has premarital medical bills.  She lives in her grandparents home.
Wife files chapter 7.  Medical creditor sues husband and grandfather under
the theory that "anyone else living under the same roof can be accessed to
pay those medical bills."

Never heard of this and can't find any authority.  Is this new?

-- 
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 james at macdonaldlawoffices.com  Wed Apr 28 11:27:29 2021
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Wed, 28 Apr 2021 17:27:29 +0000
Subject: [CLBS] Always hearing something new
In-Reply-To: <CAJy6kP42nqbijVBhHxYWNUCN00pAcHuBmR+yU62Duc40VJeL+Q@mail.gmail.com>
References: <CAJy6kP42nqbijVBhHxYWNUCN00pAcHuBmR+yU62Duc40VJeL+Q@mail.gmail.com>
Message-ID: <DM6PR13MB35798E5EB2CCA2C1390B2BF4AF409@DM6PR13MB3579.namprd13.prod.outlook.com>

Ask Greg Decker he espouses that theory.  I think he is wrong.  My understanding of Idaho law is basically you have to sign to be liable.

Regards, 

James S. Macdonald

MACDONALD LAW, PC
PO Box 1545
Lake Plaza Building - 123 South Third Avenue, Suite 24
Sandpoint, ID? 83864
208.263.6546   PLEASE NOTE NEW PHONE NUMBER
208.263.0759 (Fax)

The information in this email message may be privileged, confidential and protected from disclosure.? If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.? If you think you received this email message in error, please reply to james at macdonaldlawoffices.com or call (208) 263-6546.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Aaron Tolson
Sent: Wednesday, April 28, 2021 10:14 AM
To: clbs at admws.idaho.gov; clbs-bounces at admws.idaho.gov
Subject: [CLBS] Always hearing something new

Wife has premarital medical bills.  She lives in her grandparents home.
Wife files chapter 7.  Medical creditor sues husband and grandfather under the theory that "anyone else living under the same roof can be accessed to pay those medical bills."

Never heard of this and can't find any authority.  Is this new?

--
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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://urldefense.proofpoint.com/v2/url?u=http-3A__admws.idaho.gov_mailman_listinfo_clbs&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=i73KgRkL3MRQ2Smt9-CE9QlinVHJLrLctIjMII3NNqU&s=oOWcnWjQQ51p_gpV9ixcHBX0Yok-zmWFgCR6B8DBVHg&e=

From bcbuentgen at gmail.com  Wed Apr 28 12:52:01 2021
From: bcbuentgen at gmail.com (bcbuentgen at gmail.com)
Date: Wed, 28 Apr 2021 12:52:01 -0600
Subject: [CLBS] Always hearing something new
In-Reply-To: <DM6PR13MB35798E5EB2CCA2C1390B2BF4AF409@DM6PR13MB3579.namprd13.prod.outlook.com>
References: <CAJy6kP42nqbijVBhHxYWNUCN00pAcHuBmR+yU62Duc40VJeL+Q@mail.gmail.com>
 <DM6PR13MB35798E5EB2CCA2C1390B2BF4AF409@DM6PR13MB3579.namprd13.prod.outlook.com>
Message-ID: <2feb01d73c5f$934b3c20$b9e1b460$@gmail.com>

If medical bills are from a hospital, look up hospital financial policy.  If
hospital is non-profit they may be required to write off the debt.

?
?
BERNADETTE C. BUENTGEN
?
?
4130 N. Sage Hill Lane
Eagle, ID? 83616
?
|? 208-724-2224 
|? bcbuentgen at gmail.com
?
?

?
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is
for the sole use of the intended recipient(s) named above; and may contain
confidential and privileged information, or may contain attorney-client
privileged and/or confidential information. If the reader of this message is
not the intended recipient, you are hereby notified that any unauthorized
review, dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this transmission in error, please
notify me immediately by phone at (208) 724-2224 and return the original
message to me at the e-mail address indicated above, and please destroy all
copies of the original message.


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
Sent: Wednesday, April 28, 2021 11:27 AM
To: 'Aaron Tolson' <ajt at aaronjtolsonlaw.com>; clbs at admws.idaho.gov;
clbs-bounces at admws.idaho.gov
Subject: Re: [CLBS] Always hearing something new

Ask Greg Decker he espouses that theory.  I think he is wrong.  My
understanding of Idaho law is basically you have to sign to be liable.

Regards, 

James S. Macdonald

MACDONALD LAW, PC
PO Box 1545
Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID? 83864
208.263.6546   PLEASE NOTE NEW PHONE NUMBER
208.263.0759 (Fax)

The information in this email message may be privileged, confidential and
protected from disclosure.? If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited.? If you think
you received this email message in error, please reply to
james at macdonaldlawoffices.com or call (208) 263-6546.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Aaron Tolson
Sent: Wednesday, April 28, 2021 10:14 AM
To: clbs at admws.idaho.gov; clbs-bounces at admws.idaho.gov
Subject: [CLBS] Always hearing something new

Wife has premarital medical bills.  She lives in her grandparents home.
Wife files chapter 7.  Medical creditor sues husband and grandfather under
the theory that "anyone else living under the same roof can be accessed to
pay those medical bills."

Never heard of this and can't find any authority.  Is this new?

--
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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://urldefense.proofpoint.com/v2/url?u=http-3A__admws.idaho.gov_mailman_
listinfo_clbs&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=qx1xS
yjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=i73KgRkL3MRQ2Smt9-CE9QlinVHJLrLctIj
MII3NNqU&s=oOWcnWjQQ51p_gpV9ixcHBX0Yok-zmWFgCR6B8DBVHg&e=
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs