From Jason.R.Naess at usdoj.gov Tue Jul 6 15:01:39 2021 From: Jason.R.Naess at usdoj.gov (Naess, Jason R. (USTP)) Date: Tue, 6 Jul 2021 21:01:39 +0000 Subject: [CLBS] Brown Bag on New US Trustee Forms Tomorrow Message-ID: Good afternoon: A quick reminder the US Trustee's Office will be presenting on the new Monthly Operating Report and Post Confirmation Report forms tomorrow at 12pm. Please see the attached for more information. Thanks, Jason Jason R. Naess Assistant United States Trustee U.S. Department of Justice Office of the United States Trustee 550 West Fort St., Suite 698 Boise, ID 83724 (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. -------------- next part -------------- A non-text attachment was scrubbed... Name: Free_US_Trustee_Forms_CLE_Offered_Idaho Training Agenda.pdf Type: application/pdf Size: 118385 bytes Desc: Free_US_Trustee_Forms_CLE_Offered_Idaho Training Agenda.pdf URL: From Jason.R.Naess at usdoj.gov Wed Jul 7 13:33:28 2021 From: Jason.R.Naess at usdoj.gov (Naess, Jason R. (USTP)) Date: Wed, 7 Jul 2021 19:33:28 +0000 Subject: [CLBS] UST Training on New MOR and PCR Forms Message-ID: Thank you to everyone who joined us this afternoon for our training on the new forms. The new forms and the instructions for how to fill them out are found here: https://www.justice.gov/ust/chapter-11-operating-reports If you have any questions after reviewing the instructions, or were not able to attend this afternoon's training session and would like additional information on how to prepare and file the new forms, please reach out to either Jerad Crawford (jerad.crawford at usdoj.gov) or myself (jason.r.naess at usdoj.gov). Use of the new forms is now required. To apply for CLE credit for attending this afternoon's presentation, please email clerk at id.uscourts.gov with the following information: your name, your bar number, and the Zoom ID or phone number you used to connect to the presentation. Thank you, Jason Jason R. Naess Assistant United States Trustee U.S. Department of Justice Office of the United States Trustee 550 West Fort St., Suite 698 Boise, ID 83724 (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 tecla at lewistonbankruptcylawyer.com Fri Jul 9 08:23:49 2021 From: tecla at lewistonbankruptcylawyer.com (Tecla Druffel) Date: Fri, 9 Jul 2021 14:23:49 +0000 Subject: [CLBS] Connections Credit Union Message-ID: Good morning! Does anyone know who represents Connections Credit Union? Thanks! Tecla Druffel From PGeile at foleyfreeman.com Fri Jul 9 09:22:19 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Fri, 9 Jul 2021 15:22:19 +0000 Subject: [CLBS] Portland area Reorganization ATTY Message-ID: Any referrals for a bankruptcy attorney in Portland for a small business reorganization likely in the 2mm gross sales per year range. It is a restaurant. Patrick J. Geile Attorney [cid:image001.png at 01D774A3.C9B19A30] 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: 5588 bytes Desc: image001.png URL: From PGeile at foleyfreeman.com Fri Jul 9 16:16:35 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Fri, 9 Jul 2021 22:16:35 +0000 Subject: [CLBS] Thank you for the referrals for Portland counsel! Message-ID: Patrick J. Geile Attorney [cid:image001.png at 01D774DD.C995C870] 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: 5588 bytes Desc: image001.png URL: From lburri at morrowfischer.com Tue Jul 13 16:34:47 2021 From: lburri at morrowfischer.com (Laura Burri) Date: Tue, 13 Jul 2021 22:34:47 +0000 Subject: [CLBS] reopening, homestead and appreciation Message-ID: List Mates - I represent a creditor that has a judgment lien that was not set aside in a chapter 7 bankruptcy filing. At the time the bankruptcy was filed, the homestead was $100,000 and the property had no equity over and above the mortgage and the homestead. The case was closed several years ago. Debtor now wants to reopen the case to set aside the judgment lien under 522(f). My questions are: Do all the original values / homestead amount still apply to a reopened case as set forth in the original schedules? Or, can the debtor now assert the increased homestead exemption to $175,000 and the creditor assert the 2021 increased property value? Appreciate your thoughts. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com From dbc at dbclarklaw.com Tue Jul 13 17:07:20 2021 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Tue, 13 Jul 2021 23:07:20 +0000 Subject: [CLBS] reopening, homestead and appreciation In-Reply-To: References: Message-ID: I don't remember what it is but in the old IBCR's there's a case from, I believe, Bud Hagan that held that the amount as of the petition date is what it is throughout. Those are all now on the Casemaker page from the ISB. 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 On Behalf Of Laura Burri Sent: Tuesday, July 13, 2021 4:35 PM To: clbs at admws.idaho.gov Subject: [CLBS] reopening, homestead and appreciation List Mates - I represent a creditor that has a judgment lien that was not set aside in a chapter 7 bankruptcy filing. At the time the bankruptcy was filed, the homestead was $100,000 and the property had no equity over and above the mortgage and the homestead. The case was closed several years ago. Debtor now wants to reopen the case to set aside the judgment lien under 522(f). My questions are: Do all the original values / homestead amount still apply to a reopened case as set forth in the original schedules? Or, can the debtor now assert the increased homestead exemption to $175,000 and the creditor assert the 2021 increased property value? Appreciate your thoughts. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From safa at lawyercda.com Tue Jul 13 17:31:27 2021 From: safa at lawyercda.com (Safa Riadh) Date: Tue, 13 Jul 2021 23:31:27 +0000 Subject: [CLBS] reopening, homestead and appreciation In-Reply-To: References: , Message-ID: I believe the case to which Blair refers is In Re Webb, 03.1 IBCR at 26. Here's an excerpt from a slightly more recent Idaho case which cites to it: DARRELL M. CLARK, No. 05-42110. ?[F]or purposes of ? 522(f) lien avoidance, the relevant valuation date is the date the petitioner filed for bankruptcy relief. Section 522(a) provides: ?In this section [? 522,] ?value? means fair market value as of the date of the filing of the petition.?? In re Webb, 03.1 I.B.C.R. at 26 (quoting 11 U.S.C. ? 522(a))." [horizontal bar] Safa Michael Riadh Attorney at Law VALIANT LAW 208-667-5437 924 Sherman Ave Coeur d Alene, ID 83814 ________________________________ From: CLBS on behalf of dbc dbclarklaw.com Sent: Tuesday, July 13, 2021 4:07 PM To: Laura Burri ; clbs at admws.idaho.gov Subject: Re: [CLBS] reopening, homestead and appreciation I don't remember what it is but in the old IBCR's there's a case from, I believe, Bud Hagan that held that the amount as of the petition date is what it is throughout. Those are all now on the Casemaker page from the ISB. 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 On Behalf Of Laura Burri Sent: Tuesday, July 13, 2021 4:35 PM To: clbs at admws.idaho.gov Subject: [CLBS] reopening, homestead and appreciation List Mates - I represent a creditor that has a judgment lien that was not set aside in a chapter 7 bankruptcy filing. At the time the bankruptcy was filed, the homestead was $100,000 and the property had no equity over and above the mortgage and the homestead. The case was closed several years ago. Debtor now wants to reopen the case to set aside the judgment lien under 522(f). My questions are: Do all the original values / homestead amount still apply to a reopened case as set forth in the original schedules? Or, can the debtor now assert the increased homestead exemption to $175,000 and the creditor assert the 2021 increased property value? Appreciate your thoughts. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com _______________________________________________ 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: Outlook-horizontal.png Type: image/png Size: 113 bytes Desc: Outlook-horizontal.png URL: From dbc at dbclarklaw.com Tue Jul 13 17:37:06 2021 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Tue, 13 Jul 2021 23:37:06 +0000 Subject: [CLBS] reopening, homestead and appreciation In-Reply-To: References: , Message-ID: That's the one! Thanks, Safa. 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 From: Safa Riadh Sent: Tuesday, July 13, 2021 5:31 PM To: dbc dbclarklaw.com ; Laura Burri ; clbs at admws.idaho.gov Subject: Re: reopening, homestead and appreciation I believe the case to which Blair refers is In Re Webb, 03.1 IBCR at 26. Here's an excerpt from a slightly more recent Idaho case which cites to it: DARRELL M. CLARK, No. 05-42110. "[F]or purposes of ? 522(f) lien avoidance, the relevant valuation date is the date the petitioner filed for bankruptcy relief. Section 522(a) provides: 'In this section [? 522,] 'value' means fair market value as of the date of the filing of the petition.'" In re Webb, 03.1 I.B.C.R. at 26 (quoting 11 U.S.C. ? 522(a))." Safa Michael Riadh Attorney at Law VALIANT LAW 208-667-5437 924 Sherman Ave Coeur d Alene, ID 83814 ________________________________ From: CLBS > on behalf of dbc dbclarklaw.com > Sent: Tuesday, July 13, 2021 4:07 PM To: Laura Burri >; clbs at admws.idaho.gov > Subject: Re: [CLBS] reopening, homestead and appreciation I don't remember what it is but in the old IBCR's there's a case from, I believe, Bud Hagan that held that the amount as of the petition date is what it is throughout. Those are all now on the Casemaker page from the ISB. 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 > On Behalf Of Laura Burri Sent: Tuesday, July 13, 2021 4:35 PM To: clbs at admws.idaho.gov Subject: [CLBS] reopening, homestead and appreciation List Mates - I represent a creditor that has a judgment lien that was not set aside in a chapter 7 bankruptcy filing. At the time the bankruptcy was filed, the homestead was $100,000 and the property had no equity over and above the mortgage and the homestead. The case was closed several years ago. Debtor now wants to reopen the case to set aside the judgment lien under 522(f). My questions are: Do all the original values / homestead amount still apply to a reopened case as set forth in the original schedules? Or, can the debtor now assert the increased homestead exemption to $175,000 and the creditor assert the 2021 increased property value? Appreciate your thoughts. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com> _______________________________________________ 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 113 bytes Desc: image001.png URL: From lburri at morrowfischer.com Wed Jul 14 08:35:00 2021 From: lburri at morrowfischer.com (Laura Burri) Date: Wed, 14 Jul 2021 14:35:00 +0000 Subject: [CLBS] reopening, homestead and appreciation In-Reply-To: References: , Message-ID: Thank you everyone. Laura From: dbc dbclarklaw.com Sent: Tuesday, July 13, 2021 5:37 PM To: Safa Riadh ; Laura Burri ; clbs at admws.idaho.gov Subject: RE: reopening, homestead and appreciation That's the one! Thanks, Safa. 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 From: Safa Riadh > Sent: Tuesday, July 13, 2021 5:31 PM To: dbc dbclarklaw.com >; Laura Burri >; clbs at admws.idaho.gov Subject: Re: reopening, homestead and appreciation I believe the case to which Blair refers is In Re Webb, 03.1 IBCR at 26. Here's an excerpt from a slightly more recent Idaho case which cites to it: DARRELL M. CLARK, No. 05-42110. "[F]or purposes of ? 522(f) lien avoidance, the relevant valuation date is the date the petitioner filed for bankruptcy relief. Section 522(a) provides: 'In this section [? 522,] 'value' means fair market value as of the date of the filing of the petition.'" In re Webb, 03.1 I.B.C.R. at 26 (quoting 11 U.S.C. ? 522(a))." Safa Michael Riadh Attorney at Law VALIANT LAW 208-667-5437 924 Sherman Ave Coeur d Alene, ID 83814 ________________________________ From: CLBS > on behalf of dbc dbclarklaw.com > Sent: Tuesday, July 13, 2021 4:07 PM To: Laura Burri >; clbs at admws.idaho.gov > Subject: Re: [CLBS] reopening, homestead and appreciation I don't remember what it is but in the old IBCR's there's a case from, I believe, Bud Hagan that held that the amount as of the petition date is what it is throughout. Those are all now on the Casemaker page from the ISB. 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 > On Behalf Of Laura Burri Sent: Tuesday, July 13, 2021 4:35 PM To: clbs at admws.idaho.gov Subject: [CLBS] reopening, homestead and appreciation List Mates - I represent a creditor that has a judgment lien that was not set aside in a chapter 7 bankruptcy filing. At the time the bankruptcy was filed, the homestead was $100,000 and the property had no equity over and above the mortgage and the homestead. The case was closed several years ago. Debtor now wants to reopen the case to set aside the judgment lien under 522(f). My questions are: Do all the original values / homestead amount still apply to a reopened case as set forth in the original schedules? Or, can the debtor now assert the increased homestead exemption to $175,000 and the creditor assert the 2021 increased property value? Appreciate your thoughts. Laura Laura E. Burri Attorney at Law Morrow & Fischer, PLLC 332 N Broadmore Way, Ste 102 Nampa, Idaho 83687 Telephone: (208) 475-2200 Fax: (208) 475-2201 Email: lburri at morrowfischer.com> _______________________________________________ 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 113 bytes Desc: image001.png URL: From safa at lawyercda.com Tue Jul 27 16:56:30 2021 From: safa at lawyercda.com (Safa Riadh) Date: Tue, 27 Jul 2021 22:56:30 +0000 Subject: [CLBS] Avoiding Liquidation of Real Estate in Chapter 7? Message-ID: Chapter 7 Debtors find themselves with their home listed for sale by the Trustee, with an offer $215,000 higher than the appraised value they obtained on the eve of their bankruptcy. Debtors have been able to gather $210,000, which they?ve offered to the Trustee to cancel the sale. Payment of this amount will substantially increase dividends to creditors above that of a sale, and will substantially minimize costs of administration; Trustee refuses to accept the cash and cancel the sale. An objection to the sale, with Debtors? offers and Trustee's denials attached, has been filed and set for hearing. Has anyone heard of seeking a Court Order to compel the Trustee to accept compensation in lieu of liquidation, when the costs of liquidation that the estate would bear are large and unnecessary, and Debtors have instead offered cash compensation which would allow a larger dividend to creditors? A Motion to Compel Abandonment, to the extent that liquidation of the asset creates a burden on the Estate, seems somewhat relevant (though clearly the asset is not of inconsequential value); but it would seem that a second motion, suggesting the alternative, i.e. cash payment eliminating the burden, would also need to be brought. A motion to compromise controversy might hold some appeal, but I believe it must be either brought, or agreed to, by the Trustee, which clearly won?t happen. Does anyone have any insight, experience or suggestions? Thank you all. [horizontal bar] Safa Michael Riadh Attorney at Law VALIANT LAW 208-667-5437 924 Sherman Ave Coeur d Alene, ID 83814 -------------- next part -------------- A non-text attachment was scrubbed... Name: Outlook-horizontal.png Type: image/png Size: 113 bytes Desc: Outlook-horizontal.png URL: From ajt at aaronjtolsonlaw.com Wed Jul 28 17:44:50 2021 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Wed, 28 Jul 2021 17:44:50 -0600 Subject: [CLBS] Crazy coincidence Message-ID: I have a bankruptcy client who it turns out shares the same first and last name and birthdate with another person born in Idaho, who is now in Arkansas. Somehow transunion has merged their credit reports. The client has contacted the other person, and they both want to fix it since it is not identity theft, but it doesn't seem like Transunion is doing anything. Have you found an avenue to fix a unique problem like this? -- 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 paul at idbankruptcylaw.com Thu Jul 29 12:14:58 2021 From: paul at idbankruptcylaw.com (Paul Ross) Date: Thu, 29 Jul 2021 12:14:58 -0600 Subject: [CLBS] 341 Hearings Needed? Message-ID: For the sake of those interested, here is an article written by our Judge Pappas in the 1990s regarding 341 Hearings. This was written for ABI and is copyrighted. What are thoughts regarding the 341 Hearings and their telephonic nature? Many of you are likely aware of discussions on the national level through the UST's office. I also include an Orcutt Letter regarding the matter (as well as wet signatures). I particularly prefer that debtors not need drive long distances to sit through a 341 docket, endure their 5-10 minutes, and then just drive back home. This is especially true for clients who drive an hour or more, one way, to attend these hearings. This is even more difficult when the hearings go longer than the scheduled times. Paul -- 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 -------------- A non-text attachment was scrubbed... Name: WEVE GOT TO STOP MEETING LIKE THIS.pdf Type: application/pdf Size: 117833 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Orcutt Letter.pdf Type: application/pdf Size: 178010 bytes Desc: not available URL: From dbc at dbclarklaw.com Thu Jul 29 12:20:56 2021 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Thu, 29 Jul 2021 18:20:56 +0000 Subject: [CLBS] 341 Hearings Needed? In-Reply-To: References: Message-ID: Frankly, I'm all for it! It's far more efficient, easier on the clients and the attorneys, and from my view, the trustees still get all of the information they request. I would believe if a trustee believes they need a face-to-face, they can continue that meeting on an as-needed basis to have one. Most cases wouldn't require that. 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 On Behalf Of Paul Ross Sent: Thursday, July 29, 2021 12:15 PM To: Bankruptcy list Subject: [CLBS] 341 Hearings Needed? For the sake of those interested, here is an article written by our Judge Pappas in the 1990s regarding 341 Hearings. This was written for ABI and is copyrighted. What are thoughts regarding the 341 Hearings and their telephonic nature? Many of you are likely aware of discussions on the national level through the UST's office. I also include an Orcutt Letter regarding the matter (as well as wet signatures). I particularly prefer that debtors not need drive long distances to sit through a 341 docket, endure their 5-10 minutes, and then just drive back home. This is especially true for clients who drive an hour or more, one way, to attend these hearings. This is even more difficult when the hearings go longer than the scheduled times. Paul -- 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 james at macdonaldlawoffices.com Thu Jul 29 12:28:06 2021 From: james at macdonaldlawoffices.com (James Macdonald) Date: Thu, 29 Jul 2021 18:28:06 +0000 Subject: [CLBS] 341 Hearings Needed? In-Reply-To: References: Message-ID: I am a big fan of the telephonic 341 meetings. Save us all a ton of time and money. Especially in the remote regions of the state. Let's keep them going. 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 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 On Behalf Of Paul Ross Sent: Thursday, July 29, 2021 11:15 AM To: Bankruptcy list Subject: [CLBS] 341 Hearings Needed? For the sake of those interested, here is an article written by our Judge Pappas in the 1990s regarding 341 Hearings. This was written for ABI and is copyrighted. What are thoughts regarding the 341 Hearings and their telephonic nature? Many of you are likely aware of discussions on the national level through the UST's office. I also include an Orcutt Letter regarding the matter (as well as wet signatures). I particularly prefer that debtors not need drive long distances to sit through a 341 docket, endure their 5-10 minutes, and then just drive back home. This is especially true for clients who drive an hour or more, one way, to attend these hearings. This is even more difficult when the hearings go longer than the scheduled times. Paul -- 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 mtc at angstman.com Thu Jul 29 15:18:01 2021 From: mtc at angstman.com (Matthew Christensen) Date: Thu, 29 Jul 2021 21:18:01 +0000 Subject: [CLBS] 341 Hearings Needed? In-Reply-To: References: Message-ID: I ditto Blair. There will be a few cases where a face-to-face meeting may be warranted. However, those are few and far between, and the Trustee can easily continue the meeting and make it clear that the next one is face to face. MTC -----Original Message----- From: CLBS On Behalf Of dbc dbclarklaw.com Sent: Thursday, July 29, 2021 12:21 PM To: Paul Ross ; Bankruptcy list Subject: Re: [CLBS] 341 Hearings Needed? Frankly, I'm all for it! It's far more efficient, easier on the clients and the attorneys, and from my view, the trustees still get all of the information they request. I would believe if a trustee believes they need a face-to-face, they can continue that meeting on an as-needed basis to have one. Most cases wouldn't require that. 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 On Behalf Of Paul Ross Sent: Thursday, July 29, 2021 12:15 PM To: Bankruptcy list Subject: [CLBS] 341 Hearings Needed? For the sake of those interested, here is an article written by our Judge Pappas in the 1990s regarding 341 Hearings. This was written for ABI and is copyrighted. What are thoughts regarding the 341 Hearings and their telephonic nature? Many of you are likely aware of discussions on the national level through the UST's office. I also include an Orcutt Letter regarding the matter (as well as wet signatures). I particularly prefer that debtors not need drive long distances to sit through a 341 docket, endure their 5-10 minutes, and then just drive back home. This is especially true for clients who drive an hour or more, one way, to attend these hearings. This is even more difficult when the hearings go longer than the scheduled times. Paul -- 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. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/Gt3LCL9z1JCj7NliBLqbB?domain=admws.idaho.gov From DLeigh at rqn.com Thu Jul 29 15:20:46 2021 From: DLeigh at rqn.com (David Leigh) Date: Thu, 29 Jul 2021 21:20:46 +0000 Subject: [CLBS] 341 Hearings Needed? In-Reply-To: References: Message-ID: <38C0AEA68B26BC41941B8D4B940089B960DCABA9@RQN-2K8EXCH01.rqndom.com> I agree. David Leigh | Ray Quinney & Nebeker P.C. | 36 South State Street, Suite 1400 | Salt Lake City, Utah 84111 Direct: +1 (801) 323-3382 | Cell +1 (801) 455-7074 | Facsimile: +1 (801) 532-7543 | https://protect-us.mimecast.com/s/g2-ICJ6xKQUrVgBcVKNt0?domain=rqn.com | vCard This email is from a law firm and may contain privileged or confidential information.? Any unauthorized disclosure, distribution, or other use of this email and its contents is prohibited.? If you are not the intended recipient, please contact the sender and delete this email.?Thank you. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Matthew Christensen Sent: Thursday, July 29, 2021 3:18 PM To: dbc dbclarklaw.com; Paul Ross; Bankruptcy list Subject: Re: [CLBS] 341 Hearings Needed? CAUTION: EXTERNAL EMAIL I ditto Blair. There will be a few cases where a face-to-face meeting may be warranted. However, those are few and far between, and the Trustee can easily continue the meeting and make it clear that the next one is face to face. MTC -----Original Message----- From: CLBS On Behalf Of dbc dbclarklaw.com Sent: Thursday, July 29, 2021 12:21 PM To: Paul Ross ; Bankruptcy list Subject: Re: [CLBS] 341 Hearings Needed? Frankly, I'm all for it! It's far more efficient, easier on the clients and the attorneys, and from my view, the trustees still get all of the information they request. I would believe if a trustee believes they need a face-to-face, they can continue that meeting on an as-needed basis to have one. Most cases wouldn't require that. 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 On Behalf Of Paul Ross Sent: Thursday, July 29, 2021 12:15 PM To: Bankruptcy list Subject: [CLBS] 341 Hearings Needed? For the sake of those interested, here is an article written by our Judge Pappas in the 1990s regarding 341 Hearings. This was written for ABI and is copyrighted. What are thoughts regarding the 341 Hearings and their telephonic nature? Many of you are likely aware of discussions on the national level through the UST's office. I also include an Orcutt Letter regarding the matter (as well as wet signatures). I particularly prefer that debtors not need drive long distances to sit through a 341 docket, endure their 5-10 minutes, and then just drive back home. This is especially true for clients who drive an hour or more, one way, to attend these hearings. This is even more difficult when the hearings go longer than the scheduled times. Paul -- 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. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/fbTDCKry7QCE6ZDivst6-?domain=admws.idaho.gov _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/fbTDCKry7QCE6ZDivst6-?domain=admws.idaho.gov