From tecla at lewistonbankruptcylawyer.com Wed Dec 1 14:18:34 2021 From: tecla at lewistonbankruptcylawyer.com (Tecla Druffel) Date: Wed, 1 Dec 2021 21:18:34 +0000 Subject: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST! Message-ID: Colleagues: Please submit your comments on the proposed changes to our Local Rules by 5 pm (4 pm PST) today! Send an email to local_rulesBK at id.uscourts.gov. Wondering what I'm talking about? Please see the attached packet. Thank you! Tecla Druffel Chair, CLBS 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: Public_Notice_re_Bankruptcy_Local_Rule_Changes_3832.pdf Type: application/pdf Size: 1419237 bytes Desc: Public_Notice_re_Bankruptcy_Local_Rule_Changes_3832.pdf URL: From rmaynes at eastidahocu.org Thu Dec 2 15:19:48 2021 From: rmaynes at eastidahocu.org (Robert J. Maynes) Date: Thu, 2 Dec 2021 22:19:48 +0000 Subject: [CLBS] Interpleader Message-ID: <14E77803-CE38-4737-B107-A02F037CE799@eastidahocu.org> Hi Listmates, Does anyone have an Interpleader Complaint (State Court) they wouldn?t mind sharing with me? Kindest regards, Rob Robert J. Maynes, Esq. VP of Compliance/Legal CUCE "Whoever is happy will make others happy.? Anne Frank East Idaho Credit Union 865 S. Woodruff Ave. Idaho Falls, ID 83401 Phone: 208.523.9068 Ext. 3886 | Fax: 208.523.4755 Email: rmaynes at eastidahocu.org [cid:8DB15141-D1E2-43B7-8ADE-94BCC7093E54][cid:A5EC3B7E-92F6-4250-9FCA-A009501BE7D8][cid:image002.png at 01D69C9E.A028C2C0] 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. Confidentiality Statement: The information contained in this email is intended for the recipient named above. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that any dissemination, distribution or copying of the information contained in this email is prohibited. If this email has reached you in error, you are asked to notify us as soon as possible. Thank you for your cooperation. 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. -------------- next part -------------- A non-text attachment was scrubbed... Name: 2021.05.06_Screen Shot 2021-05-06 at 10.21.49 AM.png Type: image/png Size: 42597 bytes Desc: 2021.05.06_Screen Shot 2021-05-06 at 10.21.49 AM.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 26860 bytes Desc: image002.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: PastedGraphic-1.tiff Type: image/tiff Size: 31564 bytes Desc: PastedGraphic-1.tiff URL: From holly at roarklawboise.com Thu Dec 2 20:55:56 2021 From: holly at roarklawboise.com (Holly Roark) Date: Thu, 2 Dec 2021 20:55:56 -0700 Subject: [CLBS] Any issue with Debtor's sister buying out Debtor's husband's share of house as part of Debtor/spouse's divorce prior to filing? Message-ID: <019d01d7e7f9$adb915a0$092b40e0$@roarklawboise.com> Debtor and Husband divorce in April 2021. Debtor's husband wants $50K for his community share of the mobile home/land. This is a little less than what his share is worth (Total value about $140K). Debtor is low income and can't buy him out and doesn't want to sell or move. Debtor's sister steps in and pays Husband the $50K. Debtor and Husband as Joint tenants grant to Debtor and Sister the Property, so now Debtor and Sister are on title (I think as tenants in common since the recorded deed doesn't say Joint tenants. It doesn't say how Debtor and Sister hold title, but they consider themselves 50/50 owners.). Husband moves out of state. Debtor remains in the property. Sister lives elsewhere. Debtor does not owe sister any money back. Sister will remain as part owner of the property. I want to add that the grant deed says both, "this is a bonafide gift and the grantor received nothing in return" but also, "for valuable consideration, receipt of which is hereby acknowledged." Is that "gift" language going to cause an issue? It seems to me that Husband was entitled to his community share of the property and would have gotten it one way or another, whether the Debtor agreed to sell, or if she had the money to buy him out, so I'm struggling to see if there is anything about this deal that a Chapter 7 trustee could exploit. I don't think so, but want to hear your thoughts. Debtor wants to file Chapter 7. I can't think of a reason why the mobile home/land would be in jeopardy under these facts. The deal looks legit. What am I missing? (I should say this is a CA case so the real property laws may be different, but I still want to hear from you if you see any problems in filing this as a Chapter 7.) 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 Fax: (310) 553-2601 E-mail: holly at roarklawboise.com *This communication does not create an attorney-client relationship. Unless you have signed a retainer agreement with Roark Law Offices, this communication may not be private or privileged. From PGeile at foleyfreeman.com Fri Dec 3 10:51:27 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Fri, 3 Dec 2021 17:51:27 +0000 Subject: [CLBS] Seminar 2/10-2/12 2022 in Coeur D'Alene In Person Message-ID: WINTER IS COMING!!!! Stocks are sliding off historic highs, the housing bubble is about to burst, and inflation is eerily similar to what it was right before the start of the Great Recession. This is all great news for our section!!!!! We will have it all this year and what is best is that we will be IN PERSON!!!!!! We have Debtor's Prison, we have Mock Trials, we have Bankruptcy Judges, a District Court Judge, an Idaho Supreme Court Justice, we have Jeopardy!!! Attached is the seminar agenda, I hope to see you all there. If you have any questions please send me an email. Here is the link to register: 40th Annual Commercial Law and Bankruptcy Seminar - Save the Date Patrick J. Geile Attorney [cid:image001.png at 01D7E831.37E5D650] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: https://protect-us.mimecast.com/s/9FQqCZ6nG0UMl7ykTj3z2_?domain=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: 5588 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Bankruptcy 2022 Agenda.pdf Type: application/pdf Size: 198055 bytes Desc: Bankruptcy 2022 Agenda.pdf URL: From PGeile at foleyfreeman.com Wed Dec 15 07:01:40 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Wed, 15 Dec 2021 14:01:40 +0000 Subject: [CLBS] National Conference of Bankruptcy Judges - Free Virtual Programming Message-ID: Good Morning, Here is an opportunity for some free CLE credit. Never a replacement for an in person CLE in Coeur D?Alene though. (the Forecast is 82 and sunny for February 10-12) Patrick J. Geile Foley Freeman PLLC (208) 947-1563 ility. -------------- next part -------------- A non-text attachment was scrubbed... Name: BTB Jan14_2022_Flyer-Consumer_10Dec.pdf Type: application/pdf Size: 262860 bytes Desc: BTB Jan14_2022_Flyer-Consumer_10Dec.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: BTB Jan14_2022_Flyer-Business.pdf Type: application/pdf Size: 193840 bytes Desc: BTB Jan14_2022_Flyer-Business.pdf URL: From tyler at twinfallsattorneys.com Wed Dec 15 11:38:28 2021 From: tyler at twinfallsattorneys.com (Tyler McGee) Date: Wed, 15 Dec 2021 18:38:28 +0000 Subject: [CLBS] IRS and Stay Violations Message-ID: Listmates, I'm a little fish in the bankruptcy pond and I may be showing my ignorance here, but is the IRS handled any differently from other creditors when it comes to stay violations? I haven't found anything on the issue, maybe I'm looking in the wrong places. Debtor filed chapter 7. IRS received notice and filed a claim. Post filing, IRS sent letters threatening lawsuits and seizure of assets. I sent a letter back telling them to back off due to the stay. IRS keeps sending the same letters. Can I pursue a stay violation against the IRS in the same way I would any other creditor? 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 kam at kam13trustee.com Wed Dec 15 14:12:47 2021 From: kam at kam13trustee.com (Kathleen McCallister) Date: Wed, 15 Dec 2021 21:12:47 +0000 Subject: [CLBS] IRS and Stay Violations In-Reply-To: References: Message-ID: I think this is still good law -----Original Message----- From: CLBS On Behalf Of Tyler McGee Sent: Wednesday, December 15, 2021 11:38 AM To: clbs at admws.idaho.gov Subject: [CLBS] IRS and Stay Violations Listmates, I'm a little fish in the bankruptcy pond and I may be showing my ignorance here, but is the IRS handled any differently from other creditors when it comes to stay violations? I haven't found anything on the issue, maybe I'm looking in the wrong places. Debtor filed chapter 7. IRS received notice and filed a claim. Post filing, IRS sent letters threatening lawsuits and seizure of assets. I sent a letter back telling them to back off due to the stay. IRS keeps sending the same letters. Can I pursue a stay violation against the IRS in the same way I would any other creditor? 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 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/zhmLCDkoZ8UBkYDMhWellx?domain=admws.idaho.gov -------------- next part -------------- A non-text attachment was scrubbed... Name: In re Price 103_B.R._989.pdf Type: application/pdf Size: 1186082 bytes Desc: In re Price 103_B.R._989.pdf URL: From paul at idbankruptcylaw.com Wed Dec 15 14:34:30 2021 From: paul at idbankruptcylaw.com (Paul Ross) Date: Wed, 15 Dec 2021 14:34:30 -0700 Subject: [CLBS] IRS and Stay Violations In-Reply-To: References: Message-ID: Tyler, Not sure the type of letters exactly. Make sure these letters do not fall under the 362(b) exceptions under (9), (18), or (26). Maybe another one? Paul On Wed, Dec 15, 2021 at 11:40 AM Tyler McGee wrote: > Listmates, > > I'm a little fish in the bankruptcy pond and I may be showing my ignorance > here, but is the IRS handled any differently from other creditors when it > comes to stay violations? I haven't found anything on the issue, maybe I'm > looking in the wrong places. > > Debtor filed chapter 7. > IRS received notice and filed a claim. > Post filing, IRS sent letters threatening lawsuits and seizure of assets. > I sent a letter back telling them to back off due to the stay. > IRS keeps sending the same letters. > > Can I pursue a stay violation against the IRS in the same way I would any > other creditor? > > 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 > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > https://protect-us.mimecast.com/s/mxQRC1wNp4up9AZQSLn4-p?domain=admws.idaho.gov > > -- 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 jmarkaveryesq at yahoo.com Wed Dec 15 16:19:26 2021 From: jmarkaveryesq at yahoo.com (Mark Avery) Date: Wed, 15 Dec 2021 23:19:26 +0000 (UTC) Subject: [CLBS] Ch 7 Discharge of US Treasury claims relating to an SBA-guaranteed loan In-Reply-To: References: Message-ID: <1152845870.3265998.1639610366874@mail.yahoo.com> Listmates, Here is the situation:? Debtor personally guaranteed an SBA-guaranteed business loan taken out by her deceased husband.? Her only income is social security payments. She has only exempt assets.? The SBA took over the defaulted loan after default and seizure of business assets.? The U.S. Treasury is now garnishing her social security payments for the loan balance deficiency.? Will a Ch. 7 effectively discharge this debt?? I can't find any reason in the Bankruptcy Code why not, but know that your great minds will enlighten me. Any feedback would be appreciated. Mark Avery?Avery Law ......NOTICE...... The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. The use of the Internet or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement. If you do not have a signed, written retainer agreement with us, we are not representing you and will not be taking any action on your behalf. Confidential or time-sensitive information should not be sent through email. Thank You. On Wednesday, December 15, 2021, 02:14:45 PM MST, Kathleen McCallister wrote: I think this is still good law -----Original Message----- From: CLBS On Behalf Of Tyler McGee Sent: Wednesday, December 15, 2021 11:38 AM To: clbs at admws.idaho.gov Subject: [CLBS] IRS and Stay Violations Listmates, I'm a little fish in the bankruptcy pond and I may be showing my ignorance here, but is the IRS handled any differently from other creditors when it comes to stay violations? I haven't found anything on the issue, maybe I'm looking in the wrong places. Debtor filed chapter 7. IRS received notice and filed a claim. Post filing, IRS sent letters threatening lawsuits and seizure of assets. I sent a letter back telling them to back off due to the stay. IRS keeps sending the same letters. Can I pursue a stay violation against the IRS in the same way I would any other creditor? 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 _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/SPZjCv2vxZHW3zL8uQgd9I?domain=admws.idaho.gov _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/SPZjCv2vxZHW3zL8uQgd9I?domain=admws.idaho.gov From alex at cavallawoffice.com Tue Dec 21 09:46:16 2021 From: alex at cavallawoffice.com (Alexandra Caval) Date: Tue, 21 Dec 2021 09:46:16 -0700 Subject: [CLBS] Stuart (9th Cir BAP) - the effect of Fulton on a prepetition bank account garnishment Message-ID: FYI - if you haven't seen this case out of the 9th Cir BAP from last month, you should read it, and advise clients accordingly. -- Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com *PRIVILEGE AND CONFIDENTIALITY NOTICE* This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. -------------- next part -------------- A non-text attachment was scrubbed... Name: Stuart Opinion 21-1063.pdf Type: application/pdf Size: 283242 bytes Desc: not available URL: From tecla at lewistonbankruptcylawyer.com Wed Dec 29 10:55:23 2021 From: tecla at lewistonbankruptcylawyer.com (Tecla Druffel) Date: Wed, 29 Dec 2021 17:55:23 +0000 Subject: [CLBS] New phone numbers for telephonic hearings for Idaho Bankruptcy Court! Message-ID: Attention colleagues: Please see the attached document and email below from Carol Mills, Career Clerk to Chief Bankruptcy Judge Meier. The phone numbers for telephonic hearings are changing effective January 1, 2022. Happy New Year! Hope to see you at the Seminar in February. 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: Carol Mills Sent: Tuesday, December 28, 2021 4:03 PM To: Tecla Druffel Subject: List Serve Submission As a reminder, effective January 1, 2022, the Idaho federal court, including the bankruptcy court, is changing to a Zoom-based phone system for telephonic hearings. As such, the call-in numbers you need to use are changing. While each Judge has the same call-in number, you will need to enter the correct meeting ID/passcode to get to a specific Judge. Here are the new phone numbers/passcodes: Judge Hillen: 1-669-254-5252 Passcode/Meeting ID: 160 5422 0978 Chief Judge Meier: 1-669-254-5252 Passcode/Meeting ID: 160 093 0120 Judge Pappas: 1-669-254-5252 Passcode/Meeting ID: 161 6005 5341 I have also attached a Word document that has this information on it so you can print it out and put it someplace handy. Carol [cid:image006.jpg at 01D7FC0C.BE497050] Carol Keating Mills Career Law Clerk to Chief Bankr. 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