From tecla.druffel at gmail.com Wed Mar 3 10:59:00 2021 From: tecla.druffel at gmail.com (Tecla Druffel) Date: Wed, 3 Mar 2021 09:59:00 -0800 Subject: [CLBS] Request for feedback for Idaho Form Chapter 13 Plan Message-ID: Dear Bankruptcy Community Colleagues: The Local Rules Committee seeks your comments on the below provisions related to our district?s Chapter 13 Plan. We hope to solicit your comments on a more regular basis to avoid confusion. You will likely see more of these types of e-mails as we work through the Chapter 13 Plan. As many of you are aware, the District of Idaho elected to prepare its own model plan rather than go with the National Plan. The overall intent is to stay closely aligned with the National Plan but retain those provisions of local flavor that are needed based on the circumstances. Today?s question/item for discussion is found in 3.1, 3.2, and 3.3. All three provisions in the Idaho plan include the language "in equal monthly installments over the term of the plan." This language refers to 1325(a)(5)(B)(iii)(I). [image: 1.png] [image: 2.png] [image: 3.png] The National Plan does not contain this language. The language references a duty already required by the Code. The language does not articulate or correct the ambiguity of when plan payments begin. Please note the attached ABI article regarding the issue this language may be directed at correcting. The Subcommittee suggests its removal. What are your thoughts or comments? Please email me directly at tecla at lewistonbankruptcylawyer.com. Thank you for your consideration. Tecla Druffel -------------- next part -------------- A non-text attachment was scrubbed... Name: 1.png Type: image/png Size: 106132 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 2.png Type: image/png Size: 147675 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: 3.png Type: image/png Size: 98490 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Equal Monthly Payments.pdf Type: application/pdf Size: 652461 bytes Desc: not available URL: From Suzanne_Hickok at id.uscourts.gov Wed Mar 3 14:14:28 2021 From: Suzanne_Hickok at id.uscourts.gov (Suzanne Hickok) Date: Wed, 3 Mar 2021 21:14:28 +0000 Subject: [CLBS] Brown Bag Presentation Message-ID: Hi all - for those of you that attended the March 3 brown bag, thank you, and if you want CLE credits, please don't forget to send an email to clerk at id.uscourts.gov. For those that didn't attend, what's wrong with you? Just kidding, I realize not everyone was available. Unfortunately, the brown bag wasn't recorded, so there is no way to get credit after the fact. However, the good news is you can peruse the attached slides from the power point we used if you are at all interested (I suggest you skip to page 40 and review the NextGen tips on what you need to do between now and 12:00 pm (Mountain) 11:00 pm (Pacific) on Friday, March 5, and what to do on Monday, March 8), the rest of the information is interesting but not necessarily time sensitive. Thanks to everyone that took the time out of their lunch hour to join us - Suzanne [cid:image001.png at 01D71036.0AD971E0] Suzanne Hickok Career Law Clerk to Judge Hillen U.S. Courts, District of Idaho suzanne_hickok at id.uscourts.gov (208) 334-9341 -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 33021 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 86 bytes Desc: image002.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: March2021_BrownBag.pdf Type: application/pdf Size: 3266765 bytes Desc: March2021_BrownBag.pdf URL: From PGeile at foleyfreeman.com Thu Mar 4 09:59:46 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Thu, 4 Mar 2021 16:59:46 +0000 Subject: [CLBS] Geile 341 hearings Message-ID: Good Morning, I am having issues with my phone lines/conference lines. I intend to move forward with the meetings today, but will be running behind. Patrick J. Geile Attorney [cid:image001.png at 01D710DD.1ABC3DC0] 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 PGeile at foleyfreeman.com Thu Mar 4 10:12:39 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Thu, 4 Mar 2021 17:12:39 +0000 Subject: [CLBS] Geile-341-s Message-ID: I am back online for the 341's for today so you can call back into the conference eline 1-877-701-9567 code 801-0839 Patrick J. Geile Attorney [cid:image003.png at 01D710DE.E74100A0] 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: image003.png Type: image/png Size: 7837 bytes Desc: image003.png URL: From dbc at dbclarklaw.com Fri Mar 5 10:31:28 2021 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Fri, 5 Mar 2021 17:31:28 +0000 Subject: [CLBS] Homestead opinions? Message-ID: It has been the general practice for quite a while now that homesteads on the date of filing are preserved whether or not the property is sold and the proceeds reinvested. Formerly, the judges in this District followed the 'reinvestment' rule and then changed their minds. Judge Winmill last year restated the 'reinvestment rule,' but it seems the Ninth Circuit has gone back to the 'snapshot rule.' The new decision was decided under Washington law, so it's unclear if Wells is still 'good law.' But the BAP decision in Anderson was adopted verbatim by the Ninth Circuit. Your thoughts? 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 -------------- next part -------------- A non-text attachment was scrubbed... Name: Anderson+9+Cir snapshot rule homesteads.pdf Type: application/pdf Size: 294860 bytes Desc: Anderson+9+Cir snapshot rule homesteads.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: In re Wells-Homestead exemption not reinsvested--Judge Winmill.pdf Type: application/pdf Size: 105581 bytes Desc: In re Wells-Homestead exemption not reinsvested--Judge Winmill.pdf URL: From paul at idbankruptcylaw.com Fri Mar 5 10:53:32 2021 From: paul at idbankruptcylaw.com (Paul Ross) Date: Fri, 5 Mar 2021 10:53:32 -0700 Subject: [CLBS] Homestead opinions? In-Reply-To: References: Message-ID: Be aware that the Supreme Court denied Certiorari on Hull v. Rockwell. The 1st Circuit and 5th Circuits are Snapshot Rule circuits. Not quite sure where the 9th Circuit is now with Anderson, Golden, and Jacobson. Great briefing in the Petition for Certiorari if you are interested. https://www.scotusblog.com/case-files/cases/hull-v-rockwell/ Paul On Fri, Mar 5, 2021 at 10:32 AM dbc dbclarklaw.com wrote: > It has been the general practice for quite a while now that homesteads on > the date of filing are preserved whether or not the property is sold and > the proceeds reinvested. Formerly, the judges in this District followed > the 'reinvestment' rule and then changed their minds. Judge Winmill last > year restated the 'reinvestment rule,' but it seems the Ninth Circuit has > gone back to the 'snapshot rule.' The new decision was decided under > Washington law, so it's unclear if Wells is still 'good law.' But the BAP > decision in Anderson was adopted verbatim by the Ninth Circuit. Your > thoughts? > > > 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 > > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > -- Idaho Bankruptcy Law T: (208) 219-7997 F: (208) 416-6996 This communication is intended for the party above. If this e-mail has been sent to you by mistake, please notify me immediately. This information is private and is confidential and unauthorized use can impose penalties and liabilities. A client-attorney relationship is not created without a signed agreement and should not be construed as legal advice without such an agreement. From ajt at aaronjtolsonlaw.com Tue Mar 9 13:26:50 2021 From: ajt at aaronjtolsonlaw.com (Aaron Tolson) Date: Tue, 9 Mar 2021 13:26:50 -0700 Subject: [CLBS] Cattle Farmer in trouble Message-ID: A guy came to me yesterday having fed his last hay to his herd, and needing some immediate DIP financing. Anyone know a group in that line that can move quick Thanks -- 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 Mon Mar 15 13:20:24 2021 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Mon, 15 Mar 2021 19:20:24 +0000 Subject: [CLBS] Sub Chapter V Debt limits Message-ID: Good Afternoon, a suggestion from the bench on debt limits. They are going down, so if you have some clients ready to file a sub V do it quick! ?You might suggest that the BK section do an email blast to its members reminding them that, absent congressional action, the debt limits for sub V chap 11?s will be substantially reduced again in two weeks, to make sure that any cases get filed where eligibility could be an issue.? -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 70 bytes Desc: image001.gif URL: From dbc at dbclarklaw.com Wed Mar 17 11:14:23 2021 From: dbc at dbclarklaw.com (dbc dbclarklaw.com) Date: Wed, 17 Mar 2021 17:14:23 +0000 Subject: [CLBS] PACER problems? Message-ID: Anybody but me having problems since the "Next-Gen" installation? I also practice in Oregon, where they've had Next-Gen for some time, and never had a problem with it. And the first couple of times I tried it here after the installation I logged in with the same credentials that I used in Oregon (nationwide system, right?) So the other day it barfed that back and said I needed a new password. Did that. Couple of days later, it won't work. Cleared cookies all out, worked fine. Yesterday, NO login, and when I tried to reset the password (yes, I got the email link to open the window to do that)it kept giving me 'unexplained error' messages which are just ever so helpful. Couldn't reset password. Today it worked fine- no pw change needed. This is driving me batty. Anybody else? 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 holly at roarklawboise.com Thu Mar 18 10:25:52 2021 From: holly at roarklawboise.com (Holly Roark) Date: Thu, 18 Mar 2021 10:25:52 -0600 Subject: [CLBS] ISTC bank levy procedure Message-ID: <02f301d71c13$5e252d10$1a6f8730$@roarklawboise.com> Does anyone know the procedure that ISTC has to follow for a bank levy? A friend of mine had his funds swiped from his bank account and of course he doesn't recall receiving any kind of notice. Just wondering what they are required to serve him with prior to swiping the funds, or do they serve a bank levy on the bank, and then stick the notice in the mail where the debtor doesn't receive it until 2 days after the fact? Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: 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 james at macdonaldlawoffices.com Wed Mar 24 12:38:51 2021 From: james at macdonaldlawoffices.com (James Macdonald) Date: Wed, 24 Mar 2021 18:38:51 +0000 Subject: [CLBS] Cross-Border Trust Message-ID: I have a client who is a Canadian citizen that owns property in Sandpoint. His Canadian accountant's want an opinion from a US attorney that the Trust my client set up will qualify as a Cross-Border Trust. Anyone have a referral for a Cross-Border trust expert? 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. From holly at roarklawboise.com Wed Mar 24 18:15:29 2021 From: holly at roarklawboise.com (Holly Roark) Date: Wed, 24 Mar 2021 18:15:29 -0600 Subject: [CLBS] How are you listing stimulus funds in a bank account on the schedules? Message-ID: <12ad01d7210b$f714eea0$e53ecbe0$@roarklawboise.com> I understand stimulus funds are not property of the estate under section 541(b)(11), but how are you listing them in a bank account? If the overall account has $3000, for example, and $2800 of that is stimulus, are you claiming an exemption on Schedule C, or just putting notes on Schedule B that say what portion is from stimulus funds? If you are using an exemption, is it 11-603(4)? Best regards, HOLLY ROARK Attorney at Law Certified Bankruptcy Specialist - By the State Bar of California Board of Legal Specialization ROARK LAW OFFICES 950 Bannock Street | 11th Floor | Boise, Idaho 83702 Phone: (208) 536-3638 (Texting is great! Regular business hours only, please.) Fax: (310) 553-2601 E-mail: 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 jpk at kam13trustee.com Mon Mar 29 11:02:47 2021 From: jpk at kam13trustee.com (Jeffrey Kaufman) Date: Mon, 29 Mar 2021 17:02:47 +0000 Subject: [CLBS] COVID-19 Bankruptcy Relief Extension Act of 2021 Message-ID: Colleagues, Be advised that President Biden signed the COVID-19 Bankruptcy Relief Extension Act of 2021 on Saturday, March 27th. I've attached a copy of the Act. Unlike the other, lengthy COVID bills we've seen in the year or so, this legislative feat uses only one page (~206 words) to extend the CARES Act another year. Here is the Congress.gov link: https://www.congress.gov/bill/117th-congress/house-bill/1651/actions?q=%7B%22search%22%3A%5B%22HR1651%22%5D%7D&r=1&s=1 Cordially, Jeffrey P. Kaufman Staff Attorney, Kathleen A. McCallister, Chapter 13 Trustee PO Box 1150 Meridian, ID 83680 P.208.922.5100 F.208.922.5599 PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. Nothing in this message should be construed as legal advice. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. -------------- next part -------------- A non-text attachment was scrubbed... Name: COVID-19 Bankr. 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