From tecla at lewistonbankruptcylawyer.com  Thu May  5 13:54:41 2022
From: tecla at lewistonbankruptcylawyer.com (Tecla Druffel)
Date: Thu, 5 May 2022 19:54:41 +0000
Subject: [CLBS] Bartenwerfer v. Buckley, 21-908 (Sup. Ct.),
In-Reply-To: <CO6PR09MB81339746011CD86B759308A3D8C29@CO6PR09MB8133.namprd09.prod.outlook.com>
References: <CO6PR09MB74006CAF1C2F330FD496B6FEB1C39@CO6PR09MB7400.namprd09.prod.outlook.com>
 <CO6PR09MB81339746011CD86B759308A3D8C29@CO6PR09MB8133.namprd09.prod.outlook.com>
Message-ID: <CO6PR12MB54578823A8ACF764A4B0BEEDD0C29@CO6PR12MB5457.namprd12.prod.outlook.com>

Colleagues,

Something interesting is brewing at the Supreme Court that may relate to many of our cases. Take a look at the email below for more information.

Many thanks to Carol Mills and Judge Pappas for taking the time to alert us to this interesting issue.

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: Thursday, May 05, 2022 10:55 AM
To: Tecla Druffel <tecla at lewistonbankruptcylawyer.com>
Subject: FW: Bartenwerfer v. Buckley, 21-908 (Sup. Ct.),

Hi Tecla,
Judge Pappas asked that I forward this article from Bill Rochelle (ABI) to the listserve because he believes it will be interesting to our bankruptcy bar, as this is a common scenario in bankruptcy cases.
Thank you!
Carol

[cid:image001.png at 01D86076.DC7719F0]

Carol Keating Mills

Career Law Clerk to
Chief Bankr. Judge Joseph M. Meier, U.S. Courts, District of Idaho
carol_mills at id.uscourts.gov<mailto:carol_mills at id.uscourts.gov>
(208) 334-9947



The Supreme Court granted certiorari this week to resolve a split of circuits and decide whether a debtor is saddled with a nondischargeable debt for a false representation or actual fraud under Section 523(a)(2)(A) based entirely on the fraud of a partner or agent. In other words, does the imputation of liability for fraud also result automatically in nondischargeability, or must the debtor have some degree of scienter?

The decision in Bartenwerfer v. Buckley, 21-908 (Sup. Ct.), likely to be argued this fall, will say whether the debtor must have known or should have known about the agent's fraud before the debt is considered nondischargeable.

The circuits are split as follows: (1) The Second, Fourth, Seventh and Eighth Circuits hold that the debtor must have some degree of scienter before an imputed liability for fraud becomes nondischargeable, while (2) the Fifth, Sixth, Ninth and Eleventh Circuits hold that a debt is nondischargeable as to an entirely innocent debtor based on the fraud of a partner or agent.

The 'Innocent' Wife

A couple owned a home. They moved out to renovate and then sell the home. The husband oversaw the renovations. The wife had little to do with the renovations. After renovation, they sold the home.

The buyers sued in state court, alleging fraud in the disclosure statement for failure to disclose known defects in the home. A jury found the couple liable, resulting in a judgment against them for about $540,000, plus interest.

The couple filed a chapter 7 petition, and the bankruptcy court ruled that the debt was nondischargeable as to the husband.

Bankruptcy Judge Hannah L. Blumenstiel discharged the debt as to the wife, finding that she neither knew nor should have known that the disclosures were fraudulent. See Buckley v. Bartenwerfer (In re Bartenwerfer), 596 B.R. 675 (Bankr. N.D. Cal. 2019). The Ninth Circuit Bankruptcy Appellate Panel affirmed in a nonprecedential opinion. See Bartenwerfer v. Buckley (In re Bartenwerfer), 16-1277, 2017 BL 461730, 2017 Bankr. Lexis 4396, 2017 WL 6553392 (B.A.P. 9th Cir. Dec. 22, 2017).

The Ninth Circuit reversed in a nonprecedential opinion and directed the bankruptcy judge to enter judgment in favor of the creditor, declaring the debt to be nondischargeable. Raising the circuit split, the debtor-wife filed a petition for certiorari in December. The Supreme Court granted the petition on May 2.

The Supreme Court's order granting review did not describe the issue on appeal. The debtor's petition stated the question presented as follows:

May an individual be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. ? 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own?

The (Outdated?) Supreme Court Precedent

The root of the circuit split is found in what the debtor calls a misinterpretation of an 1885 decision by the Supreme Court under the Bankruptcy Act of 1867, Strang v. Bradner, 114 U.S. 555 (1885). There, the Court was primarily concerned with whether a partner in a law firm was entitled to a discharge. The Court said the debt was not discharged, because the partner had himself committed fraud.

According to the debtor, the Court in 1885 "simply assumed - without authority or analysis - that the liability [of other partners] was nondischargeable."

The debtor went on to say,

[T]he Court did not actually consider the particular issue, perhaps because it was not raised on appeal, the parties having elected to focus their arguments on the underlying liability for fraud, which occupies most of the opinion.

In other words, the debtor is arguing that the Court's pronouncement in 1885 about per se nondischargeability of one partner for another's fraud is dicta.

The Circuits' Opposing Camps

The circuits these days that find no per se liability are led by the Eighth Circuit in Walker v. Citizens State Bank (In re Walker), 726 F.2d 452 (8th Cir. 1984). The St. Louis-based appeals court held that actual participation in the fraud is not required for the debt to be nondischargeable. However, the circuit said that the debt is nondischargeable if "the principal either knew or should have known of the agent's fraud." Id. at 454.

On the other side of the fence, Deodati v. M.M. Winkler & Assocs. (In re M.M. Winkler & Assocs.), 239 F.3d. 746 (5th Cir. 2001), is the leading authority for a principal's strict liability. Writing for the Fifth Circuit, Circuit Judge Edith H. Jones held "that ? 523(a)(2)(A) prevents an innocent debtor from discharging liability for the fraud of his partners, regardless of whether he receives a monetary benefit." Id. at 751.

Conclusion

Absent lengthy extensions, the briefs should be filed by summer, allowing for argument in the fall. As the debtor said in her certiorari petition, did the Ninth Circuit commit error when it "impose[d] nondischargeability upon an innocent debtor for the fraud of another without any act, omission, intent or knowledge of the debtor's own"?

It's a classic question that asks whether scienter is an implicit requirement before a debt is excepted from discharge under Section 523(a)(2)(A).

The face of the statute itself may or may not answer the question. The subsection renders a debt nondischargeable if it was obtained by "false pretenses, a false representation, or actual fraud."

The subsection does not say whether the debtor must have made the false representation or committed the fraud. Still, the statute could be read to mean that any liability for fraud or misrepresentation is nondischargeable, regardless of who committed the fraud.

The drafters of the Code did not explicitly overrule Strang, of which they surely were aware. Being vague on the issue now in the Supreme Court, did they mean for the courts to decide whether the debtor must be guilty of fraud?

We will have the answer about one year from now.

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From rmaynes at eastidahocu.org  Thu May 12 13:39:33 2022
From: rmaynes at eastidahocu.org (Robert J. Maynes)
Date: Thu, 12 May 2022 19:39:33 +0000
Subject: [CLBS] Referral needed Southern District of Alabama
Message-ID: <F30B55CE-9D62-4833-81F3-F44DDEF36285@eastidahocu.org>

Hi Listmates,
Does anyone have a good referral for a stay relief motion in the Southern District of Alabama?
Kindest regards,
Rob


Robert J. Maynes, Esq.
General Counsel



"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<mailto:rmaynes at eastidahocu.org>






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From dbc at dbclarklaw.com  Thu May 12 14:43:41 2022
From: dbc at dbclarklaw.com (dbc dbclarklaw.com)
Date: Thu, 12 May 2022 20:43:41 +0000
Subject: [CLBS] Helzberg Diamonds?
Message-ID: <CO6PR02MB7732F3E69137C6252EAD2100DBCB9@CO6PR02MB7732.namprd02.prod.outlook.com>

Good afternoon, gang.  Does anybody know who represents Helzberg Diamonds?  Got a client who's been discharged and wants to return her ring set; her husband died and she can't afford it.

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 james at macdonaldlawoffices.com  Thu May 19 11:56:40 2022
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Thu, 19 May 2022 17:56:40 +0000
Subject: [CLBS] Discharge - Driver's License Suspension
Message-ID: <MW4PR13MB5505BBBE4E062A19FB9950DCAFD09@MW4PR13MB5505.namprd13.prod.outlook.com>

Mates:

PC had a default judgment entered against him.  Now, ITD has suspended his license pursuant to IC 49-1204.  Will a Ch. 7 discharge take care of the suspension?

I had forgotten about this ridiculous and insidious code provision.  I would like to have one of our legislative members section try to defend it.  How is someone supposed to pay a judgment if they can't drive to work?  You get sick, have medical bills you can't pay, and now you can't drive!


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.


From james at macdonaldlawoffices.com  Mon May 23 09:30:06 2022
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Mon, 23 May 2022 15:30:06 +0000
Subject: [CLBS] LBR 2016.1
Message-ID: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>

Can someone please explain why in the world we have LBR 2016.1?  We already disclose our compensation on Form 2030.  Seems totally redundant, waste of time and paper.

Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors counsel to attach a written agreement establishing the terms and conditions of employment. Such agreement was not attached. Please supplement the record within 7 days

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.


From alex at cavallawoffice.com  Mon May 23 14:50:40 2022
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Mon, 23 May 2022 14:50:40 -0600
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
 Decisions (2022 Webinar) -- May 25, 2022
In-Reply-To: <BLAPR09MB6388BB7D7D0D1F268A3F75FBADD49@BLAPR09MB6388.namprd09.prod.outlook.com>
References: <BLAPR09MB6388BB7D7D0D1F268A3F75FBADD49@BLAPR09MB6388.namprd09.prod.outlook.com>
Message-ID: <CACg1PEV6Ggv1068fWOSUyHOvTjUkXX1oRVkoqAo-AsM7dJ_rTw@mail.gmail.com>

Folks,
The Federal Judicial Center is doing a webinar later this week (Wednesday)
on 12 recent 9th Circuit and BAP cases that affect your bankruptcy
practice. Below is the zoom information.

Alex

---------- Forwarded message ---------
From: FJC Multimedia_Production <fjc_multimedia_production at fjc.gov>
Date: Mon, May 23, 2022 at 11:13 AM
Subject: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022
Webinar) -- May 25, 2022
To:


*NINTH CIRCUIT UPDATE WEBINAR*



*Date and Time: May 25, 2022, 11 a.m. (PDT)*[1]
<#m_-5801301763895813432_m_5344191668869976455__ftn1>

Sponsored by: Ninth Circuit Education Committee[2]
<#m_-5801301763895813432_m_5344191668869976455__ftn2>



*Please use this link, Meeting ID, and Passcode:*



*https://protect-us.mimecast.com/s/hdUkCkRLj7fq88WJi2wBg3?domain=federaljudicialcenter.zoomgov.com
<https://protect-us.mimecast.com/s/CBx9ClYgk7Iz00nYt9feok?domain=federaljudicialcenter.zoomgov.com>



*Meeting ID: 161 758 2659*

*Passcode: 9881047*



*U.S. Bankruptcy Judge Panelists:*

Hon. David W. Hercher, D. Or

Hon. Mary Jo Heston, WDWA

Hon. Deborah J. Salzman, CDCA



Please join us as we engage in a lively discussion of the following twelve
recent Ninth Circuit and BAP cases and how they impact bankruptcy
practitioners and bankruptcy courts.



*In re Mayer, Milkovich v. United States, In re Hutchinson, In re Stevens,
In re Nichols, Bank of New York Mellon v. Enchantment Sunset Bay Condo.
Assn., In re Albert, In re Elieff, In re Black Gold SARL, In re
Andrade-Garcia, In re Koeberer and In re Perez**.*





   1. The presentation will be recorded, and the link will be found on the
   FJC and the Ninth Circuit Websites. More information will be provided on
   the day of the webinar.
   2. The Ninth Circuit Education Committee members are Judges: Joseph M.
   Meier, D. Id. (Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah
   J. Salzman, CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E.
   Niemann, EDCA, Charles D. Novack, NDCA and Mary Jo Heston, WDWA.





Should you have any questions about this webinar, please contact Robb
Wilmot at the FJC: rwilmot at fjc.gov.




------------------------------

------------------------------

[1] <#m_-5801301763895813432_m_5344191668869976455__ftnref1> The
presentation will be recorded, and the link will be found on the FJC and
the Ninth Circuit Websites. More information will be provided on the day of
the webinar.

[2] <#m_-5801301763895813432_m_5344191668869976455__ftnref2> The Ninth
Circuit Education Committee members are Judges: Joseph M. Meier, D. Id.
(Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah J. Salzman,
CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E. Niemann, EDCA,
Charles D. Novack, NDCA and Mary Jo Heston, WDWA.


-- 

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
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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.

From james at macdonaldlawoffices.com  Tue May 24 13:27:16 2022
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Tue, 24 May 2022 19:27:16 +0000
Subject: [CLBS] LBR 2016.1
In-Reply-To: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
Message-ID: <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>

Still waiting for someone to explain/justify the need or purpose of LBR 2016.1.

Can someone on the rules committee please chime in?

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 <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
Sent: Monday, May 23, 2022 8:30 AM
To: 'Bankruptcy list' <clbs at admws.idaho.gov>
Subject: [CLBS] LBR 2016.1

Can someone please explain why in the world we have LBR 2016.1?  We already disclose our compensation on Form 2030.  Seems totally redundant, waste of time and paper.

Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors counsel to attach a written agreement establishing the terms and conditions of employment. Such agreement was not attached. Please supplement the record within 7 days

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.

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/DeAqCBBmX6CljN4WUz_cqp?domain=urldefense.proofpoint.com

From alex at cavallawoffice.com  Tue May 24 13:41:29 2022
From: alex at cavallawoffice.com (Alexandra Caval)
Date: Tue, 24 May 2022 13:41:29 -0600
Subject: [CLBS] LBR 2016.1
In-Reply-To: <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
Message-ID: <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney
had a problem with his disclosures and in some cases, with actually
executing representation agreements with his clients. This problem was
brewing last fall and was likely the catalyst behind new LBR 2016.1. While
the offending attorney is no longer practicing in Idaho, the rest of us now
have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald <
james at macdonaldlawoffices.com> wrote:

> Still waiting for someone to explain/justify the need or purpose of LBR
> 2016.1.
>
> Can someone on the rules committee please chime in?
>
> 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 <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list' <clbs at admws.idaho.gov>
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1?  We
> already disclose our compensation on Form 2030.  Seems totally redundant,
> waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> counsel to attach a written agreement establishing the terms and conditions
> of employment. Such agreement was not attached. Please supplement the
> record within 7 days
>
> 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.
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
>
> https://protect-us.mimecast.com/s/QYdiC0R7oLfrVNVnHwIdo2?domain=urldefense.proofpoint.com
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/K9oyCgJED2CY9E9vtohlHz?domain=admws.idaho.gov
>
>

-- 

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.

From PGeile at foleyfreeman.com  Tue May 24 13:45:30 2022
From: PGeile at foleyfreeman.com (Patrick Geile)
Date: Tue, 24 May 2022 19:45:30 +0000
Subject: [CLBS] LBR 2016.1
In-Reply-To: <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
Message-ID: <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>

>From Mr. Farnsworth: 

Mr. Macdonald,

I think the answer to your question is that the feedback given in response to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not enough to persuade certain members of the rules committee to do anything other than implement the rule.  

Did you send your feedback when requested?

The judges have recently been frustrated by one attorney who left clients in the lurch. This month's issue of The Advocate may provide a little more info.

Ryan Farnsworth
Avery Law



Patrick J. Geile
Direct:208-947-1563 


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
Sent: Tuesday, May 24, 2022 1:41 PM
To: James Macdonald <james at macdonaldlawoffices.com>
Cc: Bankruptcy list <clbs at admws.idaho.gov>
Subject: Re: [CLBS] LBR 2016.1

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney had a problem with his disclosures and in some cases, with actually executing representation agreements with his clients. This problem was brewing last fall and was likely the catalyst behind new LBR 2016.1. While the offending attorney is no longer practicing in Idaho, the rest of us now have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald < james at macdonaldlawoffices.com> wrote:

> Still waiting for someone to explain/justify the need or purpose of 
> LBR 2016.1.
>
> Can someone on the rules committee please chime in?
>
> 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 <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list' <clbs at admws.idaho.gov>
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1?  We 
> already disclose our compensation on Form 2030.  Seems totally 
> redundant, waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors 
> counsel to attach a written agreement establishing the terms and 
> conditions of employment. Such agreement was not attached. Please 
> supplement the record within 7 days
>
> 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.
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
>
> https://protect-us.mimecast.com/s/aQz3CL9z1JCYKB1MIBGZn6?domain=urldefense.proofpoint.com
> ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> bs&e= _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/timdCM8AK1U6XBZVFkO4sN?domain=admws.idaho.gov
>
>

-- 

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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/timdCM8AK1U6XBZVFkO4sN?domain=admws.idaho.gov

From MTC at johnsonmaylaw.com  Tue May 24 14:08:56 2022
From: MTC at johnsonmaylaw.com (Matthew T. Christensen)
Date: Tue, 24 May 2022 20:08:56 +0000
Subject: [CLBS] LBR 2016.1
In-Reply-To: <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
 <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
Message-ID: <PH0PR15MB46534F25B4A6B75160DF9D59B1D79@PH0PR15MB4653.namprd15.prod.outlook.com>

James, et al.,

The Rule was originally debated and drafted through the Rules Committee at the request of the Court.  The text of the proposed Rule was then circulated with a request for public comments.  Tecla then followed up that request with a further plea on the listserv for public comments, especially from the debtor's attorneys that were most affected by the new Rule.  Having not received any significant public comment, the Rule was adopted and became effective January 1, 2022.  At the February conference, Tecla and Alex Caval spent a portion of their presentation discussing the new Rule, the genesis of the Rule, and provided some advice and guidance for Debtor's attorneys on implementing the new rule in their practice.

This Rule, and the process of getting it drafted, approved, commented on, and ultimately adopted, is a great example of why the Rules committee seeks input from the "stakeholders" in the process.  We want and encourage people to provide comments, ideas for new Rules, comments on existing Rules, etc.  As this Rule gets rolled out and implemented, it may be subject to adjustment (just as are any of the Local Rules).  Those adjustments will most likely be prompted by comments or anecdotes from cases and practice, and will similarly be subject to public comment periods, etc.  Please watch for those requests for input - we want and need everyone's participation.

Thanks!

Matt



Matthew T. Christensen
mtc at johnsonmaylaw.com<mailto:mtc at johnsonmaylaw.com>
https://protect-us.mimecast.com/s/NBvUCrkoq9UDEywqS7SDwz?domain=johnsonmaylaw.com<https://protect-us.mimecast.com/s/A4_TCv2vxZHyxJO9cXkalq?domain=johnsonmaylaw.com>


From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Tuesday, May 24, 2022 1:46 PM
To: Alexandra Caval <alex at cavallawoffice.com>; James Macdonald <james at macdonaldlawoffices.com>; Ryan Farnsworth <ryan at averylaw.net>
Cc: Bankruptcy list <clbs at admws.idaho.gov>
Subject: Re: [CLBS] LBR 2016.1

[Image removed by sender.]
IRONSCALES finds this email suspicious! The sender PGeile @ foleyfreeman.com may look familiar to you, but this email might be an impersonation attempt

>From Mr. Farnsworth:

Mr. Macdonald,

I think the answer to your question is that the feedback given in response to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not enough to persuade certain members of the rules committee to do anything other than implement the rule.

Did you send your feedback when requested?

The judges have recently been frustrated by one attorney who left clients in the lurch. This month's issue of The Advocate may provide a little more info.

Ryan Farnsworth
Avery Law



Patrick J. Geile
Direct:208-947-1563


-----Original Message-----
From: CLBS On Behalf Of Alexandra Caval
Sent: Tuesday, May 24, 2022 1:41 PM
To: James Macdonald
Cc: Bankruptcy list
Subject: Re: [CLBS] LBR 2016.1

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney had a problem with his disclosures and in some cases, with actually executing representation agreements with his clients. This problem was brewing last fall and was likely the catalyst behind new LBR 2016.1. While the offending attorney is no longer practicing in Idaho, the rest of us now have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald < james at macdonaldlawoffices.com> wrote:

> Still waiting for someone to explain/justify the need or purpose of
> LBR 2016.1.
>
> Can someone on the rules committee please chime in?
>
> 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 James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list'
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1? We
> already disclose our compensation on Form 2030. Seems totally
> redundant, waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> counsel to attach a written agreement establishing the terms and
> conditions of employment. Such agreement was not attached. Please
> supplement the record within 7 days
>
> 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.
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
>
> https://protect-us.mimecast.com/s/P1nhCwpwyrURK50jc9rGu6?domain=urldefense.proofpoint.com
> ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> bs&e= _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/OtwCCxkxz1UQkpmlhwXmqi?domain=admws.idaho.gov
>
>

--

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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/OtwCCxkxz1UQkpmlhwXmqi?domain=admws.idaho.gov
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/OtwCCxkxz1UQkpmlhwXmqi?domain=admws.idaho.gov

-------------- next part --------------
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From paul at idbankruptcylaw.com  Tue May 24 14:13:22 2022
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 24 May 2022 14:13:22 -0600
Subject: [CLBS] LBR 2016.1
In-Reply-To: <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
 <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
Message-ID: <CAByLFi5G6+Ehr2sfwWVm0USgaGdR4ZA=wkf5GYQWVQtmns_wuQ@mail.gmail.com>

There was also a CLE offered on this matter last November.  Part of that
discussion was expressly related to this rule, where it came from, and why
it was implemented.  It did not occupy the full hour, but the purposes and
application were covered.

Basically, there are issues with Debt Relief Agencies complying with the
code and rules.
There have been enough issues that the Court is requesting the agreements
be filed on the Court docket.
Discussions included a generic agreement and other CYA items being
separately documented and not filed.
Bifurcation issues.
Sunshine helps keep the honest honest.
And other issues were all discussed as part of the implementation of this
rule.

For those practitioners who branch beyond 7, this is already required.  MRA
cases also require it (although not regularly complied with), and it is
part of Employment Applications in other chapters.

Paul

On Tue, May 24, 2022 at 1:47 PM Patrick Geile <PGeile at foleyfreeman.com>
wrote:

> From Mr. Farnsworth:
>
> Mr. Macdonald,
>
> I think the answer to your question is that the feedback given in response
> to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from
> YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not
> enough to persuade certain members of the rules committee to do anything
> other than implement the rule.
>
> Did you send your feedback when requested?
>
> The judges have recently been frustrated by one attorney who left clients
> in the lurch. This month's issue of The Advocate may provide a little more
> info.
>
> Ryan Farnsworth
> Avery Law
>
>
>
> Patrick J. Geile
> Direct:208-947-1563
>
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
> Sent: Tuesday, May 24, 2022 1:41 PM
> To: James Macdonald <james at macdonaldlawoffices.com>
> Cc: Bankruptcy list <clbs at admws.idaho.gov>
> Subject: Re: [CLBS] LBR 2016.1
>
> James,
>
> I am not on Rules Committee but if you look at the recent decisions (about
> 45 of them) from the Court, you will notice a common theme - one attorney
> had a problem with his disclosures and in some cases, with actually
> executing representation agreements with his clients. This problem was
> brewing last fall and was likely the catalyst behind new LBR 2016.1. While
> the offending attorney is no longer practicing in Idaho, the rest of us now
> have to comply with this rule.
>
> Alex
>
> On Tue, May 24, 2022 at 1:28 PM James Macdonald <
> james at macdonaldlawoffices.com> wrote:
>
> > Still waiting for someone to explain/justify the need or purpose of
> > LBR 2016.1.
> >
> > Can someone on the rules committee please chime in?
> >
> > 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 <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
> > Sent: Monday, May 23, 2022 8:30 AM
> > To: 'Bankruptcy list' <clbs at admws.idaho.gov>
> > Subject: [CLBS] LBR 2016.1
> >
> > Can someone please explain why in the world we have LBR 2016.1?  We
> > already disclose our compensation on Form 2030.  Seems totally
> > redundant, waste of time and paper.
> >
> > Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> > counsel to attach a written agreement establishing the terms and
> > conditions of employment. Such agreement was not attached. Please
> > supplement the record within 7 days
> >
> > 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.
> >
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> >
> > https://protect-us.mimecast.com/s/MJGgCo2lnyHKEA4nh1JOQ9?domain=urldefense.proofpoint.com
> > ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> > iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> > tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> > bs&e= _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > https://protect-us.mimecast.com/s/m6sVCpYmo2IxmgD2SDlOpI?domain=admws.idaho.gov
> >
> >
>
> --
>
> 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.
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/m6sVCpYmo2IxmgD2SDlOpI?domain=admws.idaho.gov
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/m6sVCpYmo2IxmgD2SDlOpI?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.
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From james at macdonaldlawoffices.com  Tue May 24 14:16:45 2022
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Tue, 24 May 2022 20:16:45 +0000
Subject: [CLBS] LBR 2016.1
In-Reply-To: <PH0PR15MB46534F25B4A6B75160DF9D59B1D79@PH0PR15MB4653.namprd15.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
 <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
 <PH0PR15MB46534F25B4A6B75160DF9D59B1D79@PH0PR15MB4653.namprd15.prod.outlook.com>
Message-ID: <MW4PR13MB55050510669BF3432EF5222CAFD79@MW4PR13MB5505.namprd13.prod.outlook.com>

Well I guess that is what I get for not going to the seminar?

Still, the rules is redundant an unnecessary and completely ineffective.  If an attorney is an unethical fraudster, the attorney will still be an unethical fraudster.

Too bad one bad apple makes more work for the rest of us.

Thanks to all who have enlightened me.

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 <clbs-bounces at admws.idaho.gov> On Behalf Of Matthew T. Christensen
Sent: Tuesday, May 24, 2022 1:09 PM
To: clbs at admws.idaho.gov
Subject: Re: [CLBS] LBR 2016.1

James, et al.,

The Rule was originally debated and drafted through the Rules Committee at the request of the Court.  The text of the proposed Rule was then circulated with a request for public comments.  Tecla then followed up that request with a further plea on the listserv for public comments, especially from the debtor's attorneys that were most affected by the new Rule.  Having not received any significant public comment, the Rule was adopted and became effective January 1, 2022.  At the February conference, Tecla and Alex Caval spent a portion of their presentation discussing the new Rule, the genesis of the Rule, and provided some advice and guidance for Debtor's attorneys on implementing the new rule in their practice.

This Rule, and the process of getting it drafted, approved, commented on, and ultimately adopted, is a great example of why the Rules committee seeks input from the "stakeholders" in the process.  We want and encourage people to provide comments, ideas for new Rules, comments on existing Rules, etc.  As this Rule gets rolled out and implemented, it may be subject to adjustment (just as are any of the Local Rules).  Those adjustments will most likely be prompted by comments or anecdotes from cases and practice, and will similarly be subject to public comment periods, etc.  Please watch for those requests for input - we want and need everyone's participation.

Thanks!

Matt



Matthew T. Christensen
mtc at johnsonmaylaw.com<mailto:mtc at johnsonmaylaw.com>
https://protect-us.mimecast.com/s/7IvIClYgk7IzxWw0uGoMrd?domain=urldefense.proofpoint.com<https://protect-us.mimecast.com/s/7IvIClYgk7IzxWw0uGoMrd?domain=urldefense.proofpoint.com>


From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Patrick Geile
Sent: Tuesday, May 24, 2022 1:46 PM
To: Alexandra Caval <alex at cavallawoffice.com>; James Macdonald <james at macdonaldlawoffices.com>; Ryan Farnsworth <ryan at averylaw.net>
Cc: Bankruptcy list <clbs at admws.idaho.gov>
Subject: Re: [CLBS] LBR 2016.1

[Image removed by sender.]
IRONSCALES finds this email suspicious! The sender PGeile @ https://protect-us.mimecast.com/s/uUP0CmZj0yURzVoBtOb-q_?domain=urldefense.proofpoint.com may look familiar to you, but this email might be an impersonation attempt

From Mr. Farnsworth:

Mr. Macdonald,

I think the answer to your question is that the feedback given in response to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not enough to persuade certain members of the rules committee to do anything other than implement the rule.

Did you send your feedback when requested?

The judges have recently been frustrated by one attorney who left clients in the lurch. This month's issue of The Advocate may provide a little more info.

Ryan Farnsworth
Avery Law



Patrick J. Geile
Direct:208-947-1563


-----Original Message-----
From: CLBS On Behalf Of Alexandra Caval
Sent: Tuesday, May 24, 2022 1:41 PM
To: James Macdonald
Cc: Bankruptcy list
Subject: Re: [CLBS] LBR 2016.1

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney had a problem with his disclosures and in some cases, with actually executing representation agreements with his clients. This problem was brewing last fall and was likely the catalyst behind new LBR 2016.1. While the offending attorney is no longer practicing in Idaho, the rest of us now have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald < james at macdonaldlawoffices.com> wrote:

> Still waiting for someone to explain/justify the need or purpose of 
> LBR 2016.1.
>
> Can someone on the rules committee please chime in?
>
> 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 James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list'
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1? We 
> already disclose our compensation on Form 2030. Seems totally 
> redundant, waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors 
> counsel to attach a written agreement establishing the terms and 
> conditions of employment. Such agreement was not attached. Please 
> supplement the record within 7 days
>
> 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.
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
>
> https://protect-us.mimecast.com/s/I6hVCn5kmOf6v4ZAFNoDLf?domain=urldefense.proofpoint.com
> ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> bs&e= _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/I6hVCn5kmOf6v4ZAFNoDLf?domain=urldefense.proofpoint.com
> ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=k7Zwq36DCrl2aQG0e
> C1Nhor1_PAeOHLgM8yCPDi3phY&s=Hu3mU5UiukSwTP-2FzLYVCkqmEuBzzKee5ndeKxYX
> Pg&e=
>
>

--

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.
_______________________________________________
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From james at macdonaldlawoffices.com  Tue May 24 14:18:34 2022
From: james at macdonaldlawoffices.com (James Macdonald)
Date: Tue, 24 May 2022 20:18:34 +0000
Subject: [CLBS] LBR 2016.1
In-Reply-To: <CAByLFi5G6+Ehr2sfwWVm0USgaGdR4ZA=wkf5GYQWVQtmns_wuQ@mail.gmail.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
 <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
 <CAByLFi5G6+Ehr2sfwWVm0USgaGdR4ZA=wkf5GYQWVQtmns_wuQ@mail.gmail.com>
Message-ID: <MW4PR13MB550554FAF5840314010DE1CBAFD79@MW4PR13MB5505.namprd13.prod.outlook.com>

Okay, more egg on my face.

Then what is the point of Form 2030?  We have always disclosed what we charge.   Creditors attorneys don?t have to disclose what they charge.

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.

From: Paul Ross <paul at idbankruptcylaw.com>
Sent: Tuesday, May 24, 2022 1:13 PM
To: Patrick Geile <PGeile at foleyfreeman.com>
Cc: Alexandra Caval <alex at cavallawoffice.com>; James Macdonald <james at macdonaldlawoffices.com>; Ryan Farnsworth <ryan at averylaw.net>; Bankruptcy list <clbs at admws.idaho.gov>; Matthew Christensen <MTC at johnsonmaylaw.com>
Subject: Re: [CLBS] LBR 2016.1

There was also a CLE offered on this matter last November.  Part of that discussion was expressly related to this rule, where it came from, and why it was implemented.  It did not occupy the full hour, but the purposes and application were covered.

Basically, there are issues with Debt Relief Agencies complying with the code and rules.
There have been enough issues that the Court is requesting the agreements be filed on the Court docket.
Discussions included a generic agreement and other CYA items being separately documented and not filed.
Bifurcation issues.
Sunshine helps keep the honest honest.
And other issues were all discussed as part of the implementation of this rule.

For those practitioners who branch beyond 7, this is already required.  MRA cases also require it (although not regularly complied with), and it is part of Employment Applications in other chapters.

Paul

On Tue, May 24, 2022 at 1:47 PM Patrick Geile <PGeile at foleyfreeman.com<mailto:PGeile at foleyfreeman.com>> wrote:
From Mr. Farnsworth:

Mr. Macdonald,

I think the answer to your question is that the feedback given in response to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not enough to persuade certain members of the rules committee to do anything other than implement the rule.

Did you send your feedback when requested?

The judges have recently been frustrated by one attorney who left clients in the lurch. This month's issue of The Advocate may provide a little more info.

Ryan Farnsworth
Avery Law



Patrick J. Geile
Direct:208-947-1563


-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov<mailto:clbs-bounces at admws.idaho.gov>> On Behalf Of Alexandra Caval
Sent: Tuesday, May 24, 2022 1:41 PM
To: James Macdonald <james at macdonaldlawoffices.com<mailto:james at macdonaldlawoffices.com>>
Cc: Bankruptcy list <clbs at admws.idaho.gov<mailto:clbs at admws.idaho.gov>>
Subject: Re: [CLBS] LBR 2016.1

James,

I am not on Rules Committee but if you look at the recent decisions (about
45 of them) from the Court, you will notice a common theme - one attorney had a problem with his disclosures and in some cases, with actually executing representation agreements with his clients. This problem was brewing last fall and was likely the catalyst behind new LBR 2016.1. While the offending attorney is no longer practicing in Idaho, the rest of us now have to comply with this rule.

Alex

On Tue, May 24, 2022 at 1:28 PM James Macdonald < james at macdonaldlawoffices.com<mailto:james at macdonaldlawoffices.com>> wrote:

> Still waiting for someone to explain/justify the need or purpose of
> LBR 2016.1.
>
> Can someone on the rules committee please chime in?
>
> 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<mailto:james at macdonaldlawoffices.com> or call (208) 263-6546.
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov<mailto:clbs-bounces at admws.idaho.gov>> On Behalf Of James Macdonald
> Sent: Monday, May 23, 2022 8:30 AM
> To: 'Bankruptcy list' <clbs at admws.idaho.gov<mailto:clbs at admws.idaho.gov>>
> Subject: [CLBS] LBR 2016.1
>
> Can someone please explain why in the world we have LBR 2016.1?  We
> already disclose our compensation on Form 2030.  Seems totally
> redundant, waste of time and paper.
>
> Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> counsel to attach a written agreement establishing the terms and
> conditions of employment. Such agreement was not attached. Please
> supplement the record within 7 days
>
> 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<mailto:james at macdonaldlawoffices.com> or call (208) 263-6546.
>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
>
> https://protect-us.mimecast.com/s/f7VcCOYDX8I2nDQxUECmV1?domain=urldefense.proofpoint.com
> ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> bs&e= _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
> https://protect-us.mimecast.com/s/b26gCPNEKQC5WBVXF02Qh2?domain=admws.idaho.gov<https://protect-us.mimecast.com/s/x4-GCQWGK7INOnZPIMFnXk?domain=urldefense.proofpoint.com>
>
>

--

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<mailto: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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
https://protect-us.mimecast.com/s/b26gCPNEKQC5WBVXF02Qh2?domain=admws.idaho.gov<https://protect-us.mimecast.com/s/x4-GCQWGK7INOnZPIMFnXk?domain=urldefense.proofpoint.com>
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
https://protect-us.mimecast.com/s/b26gCPNEKQC5WBVXF02Qh2?domain=admws.idaho.gov<https://protect-us.mimecast.com/s/x4-GCQWGK7INOnZPIMFnXk?domain=urldefense.proofpoint.com>


--
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 paul at idbankruptcylaw.com  Tue May 24 14:44:17 2022
From: paul at idbankruptcylaw.com (Paul Ross)
Date: Tue, 24 May 2022 14:44:17 -0600
Subject: [CLBS] LBR 2016.1
In-Reply-To: <MW4PR13MB550554FAF5840314010DE1CBAFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
References: <MW4PR13MB550581F3EAA2435876E933C6AFD49@MW4PR13MB5505.namprd13.prod.outlook.com>
 <MW4PR13MB550553236F8BFDBFC6BCCC16AFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
 <CACg1PEU5efX5LJ=OpaGMHd5vJ12Aw7mrqpRzjyB+iDRy=7GUSg@mail.gmail.com>
 <SJ0PR19MB544805450DC8352DCA7F1C5AA8D79@SJ0PR19MB5448.namprd19.prod.outlook.com>
 <CAByLFi5G6+Ehr2sfwWVm0USgaGdR4ZA=wkf5GYQWVQtmns_wuQ@mail.gmail.com>
 <MW4PR13MB550554FAF5840314010DE1CBAFD79@MW4PR13MB5505.namprd13.prod.outlook.com>
Message-ID: <CAByLFi6Mu4WFxZ9L0YNB3vA0bWBpYpyPcEU_KRUA97eEurOneg@mail.gmail.com>

The Form B2030 under 2016(b) only discloses compensation paid or agreed to
be paid, the source of both, and some of the parameters of that
representation.  This form and rule really only address 329(a) of the code,
but not so much 329(b).

Form B2030 also doesn't really cover the requirements of 526, 527, or 528.

By filing a Fee Agreement that covers all those requirements with the
Court, it is immediately clear at the beginning of the case whether the
'debt relief agency' has complied and will continue to do so.

The code doesn't critique creditor attorneys the same as debtor attorneys.
Congress views those grubby debtor attorneys differently.  Although, there
are certainly provisions that permit review of creditors, their
representation, and even their compensation in certain circumstances.

Paul



On Tue, May 24, 2022 at 2:19 PM James Macdonald <
james at macdonaldlawoffices.com> wrote:

> Okay, more egg on my face.
>
>
>
> Then what is the point of Form 2030?  We have always disclosed what we
> charge.   Creditors attorneys don?t have to disclose what they charge.
>
>
>
> 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.
>
>
>
> *From:* Paul Ross <paul at idbankruptcylaw.com>
> *Sent:* Tuesday, May 24, 2022 1:13 PM
> *To:* Patrick Geile <PGeile at foleyfreeman.com>
> *Cc:* Alexandra Caval <alex at cavallawoffice.com>; James Macdonald <
> james at macdonaldlawoffices.com>; Ryan Farnsworth <ryan at averylaw.net>;
> Bankruptcy list <clbs at admws.idaho.gov>; Matthew Christensen <
> MTC at johnsonmaylaw.com>
> *Subject:* Re: [CLBS] LBR 2016.1
>
>
>
> There was also a CLE offered on this matter last November.  Part of that
> discussion was expressly related to this rule, where it came from, and why
> it was implemented.  It did not occupy the full hour, but the purposes and
> application were covered.
>
>
>
> Basically, there are issues with Debt Relief Agencies complying with the
> code and rules.
>
> There have been enough issues that the Court is requesting the agreements
> be filed on the Court docket.
>
> Discussions included a generic agreement and other CYA items being
> separately documented and not filed.
>
> Bifurcation issues.
>
> Sunshine helps keep the honest honest.
>
> And other issues were all discussed as part of the implementation of this
> rule.
>
>
>
> For those practitioners who branch beyond 7, this is already required.
> MRA cases also require it (although not regularly complied with), and it is
> part of Employment Applications in other chapters.
>
>
>
> Paul
>
>
>
> On Tue, May 24, 2022 at 1:47 PM Patrick Geile <PGeile at foleyfreeman.com>
> wrote:
>
> From Mr. Farnsworth:
>
> Mr. Macdonald,
>
> I think the answer to your question is that the feedback given in response
> to Tecla Druffel's December email titled "Fwd: [CLBS] We want to hear from
> YOU! Feedback due TODAY by 5 pm MST!" sent to this very listserve was not
> enough to persuade certain members of the rules committee to do anything
> other than implement the rule.
>
> Did you send your feedback when requested?
>
> The judges have recently been frustrated by one attorney who left clients
> in the lurch. This month's issue of The Advocate may provide a little more
> info.
>
> Ryan Farnsworth
> Avery Law
>
>
>
> Patrick J. Geile
> Direct:208-947-1563
>
>
> -----Original Message-----
> From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
> Sent: Tuesday, May 24, 2022 1:41 PM
> To: James Macdonald <james at macdonaldlawoffices.com>
> Cc: Bankruptcy list <clbs at admws.idaho.gov>
> Subject: Re: [CLBS] LBR 2016.1
>
> James,
>
> I am not on Rules Committee but if you look at the recent decisions (about
> 45 of them) from the Court, you will notice a common theme - one attorney
> had a problem with his disclosures and in some cases, with actually
> executing representation agreements with his clients. This problem was
> brewing last fall and was likely the catalyst behind new LBR 2016.1. While
> the offending attorney is no longer practicing in Idaho, the rest of us now
> have to comply with this rule.
>
> Alex
>
> On Tue, May 24, 2022 at 1:28 PM James Macdonald <
> james at macdonaldlawoffices.com> wrote:
>
> > Still waiting for someone to explain/justify the need or purpose of
> > LBR 2016.1.
> >
> > Can someone on the rules committee please chime in?
> >
> > 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 <clbs-bounces at admws.idaho.gov> On Behalf Of James Macdonald
> > Sent: Monday, May 23, 2022 8:30 AM
> > To: 'Bankruptcy list' <clbs at admws.idaho.gov>
> > Subject: [CLBS] LBR 2016.1
> >
> > Can someone please explain why in the world we have LBR 2016.1?  We
> > already disclose our compensation on Form 2030.  Seems totally
> > redundant, waste of time and paper.
> >
> > Corrective Action: As of January 3, 2022, LBR 2016.1 requires debtors
> > counsel to attach a written agreement establishing the terms and
> > conditions of employment. Such agreement was not attached. Please
> > supplement the record within 7 days
> >
> > 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.
> >
> > _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> >
> > https://protect-us.mimecast.com/s/2a5nCn5kmOf6vAPMI9okt6?domain=urldefense.proofpoint.com
> > ilman_listinfo_clbs&d=DwIF-g&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVf
> > iiMM&r=qx1xSyjVZhS71Q1zlt_5qMxU37BVsdZolOu1TmfA3jo&m=UdnqFfLTmV5nwUq-5
> > tL_uQupXcvX1R0Q8iCutgdUOEM&s=zFjB2F0ALowE_mU-RSRXqEcmQ1yu-3d_0I6FQDDSV
> > bs&e= _______________________________________________
> > CLBS mailing list
> > CLBS at admws.idaho.gov
> > https://protect-us.mimecast.com/s/UPaNCo2lnyHKEjgxFzVyHh?domain=admws.idaho.gov
> <https://protect-us.mimecast.com/s/jLBiCpYmo2Ixm1VXCYg8c8?domain=urldefense.proofpoint.com>
> >
> >
>
> --
>
> 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.
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/UPaNCo2lnyHKEjgxFzVyHh?domain=admws.idaho.gov
> <https://protect-us.mimecast.com/s/jLBiCpYmo2Ixm1VXCYg8c8?domain=urldefense.proofpoint.com>
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> https://protect-us.mimecast.com/s/UPaNCo2lnyHKEjgxFzVyHh?domain=admws.idaho.gov
> <https://protect-us.mimecast.com/s/jLBiCpYmo2Ixm1VXCYg8c8?domain=urldefense.proofpoint.com>
>
>
>
> --
>
> 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.
>


-- 
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 holly at roarklawboise.com  Wed May 25 11:10:21 2022
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 25 May 2022 11:10:21 -0600
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
	Decisions (2022 Webinar) -- May 25, 2022
In-Reply-To: <CACg1PEV6Ggv1068fWOSUyHOvTjUkXX1oRVkoqAo-AsM7dJ_rTw@mail.gmail.com>
References: <BLAPR09MB6388BB7D7D0D1F268A3F75FBADD49@BLAPR09MB6388.namprd09.prod.outlook.com>
 <CACg1PEV6Ggv1068fWOSUyHOvTjUkXX1oRVkoqAo-AsM7dJ_rTw@mail.gmail.com>
Message-ID: <008e01d8705a$51815e70$f4841b50$@roarklawboise.com>

Is anyone else in the Zoom meeting or is it still waiting? 

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.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
Sent: Monday, May 23, 2022 2:51 PM
To: Bankruptcy list <CLBS at admws.idaho.gov>
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
Decisions (2022 Webinar) -- May 25, 2022

Folks,
The Federal Judicial Center is doing a webinar later this week (Wednesday)
on 12 recent 9th Circuit and BAP cases that affect your bankruptcy practice.
Below is the zoom information.

Alex

---------- Forwarded message ---------
From: FJC Multimedia_Production <fjc_multimedia_production at fjc.gov>
Date: Mon, May 23, 2022 at 11:13 AM
Subject: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022
Webinar) -- May 25, 2022
To:


*NINTH CIRCUIT UPDATE WEBINAR*



*Date and Time: May 25, 2022, 11 a.m. (PDT)*[1]
<#m_-5801301763895813432_m_5344191668869976455__ftn1>

Sponsored by: Ninth Circuit Education Committee[2]
<#m_-5801301763895813432_m_5344191668869976455__ftn2>



*Please use this link, Meeting ID, and Passcode:*



*https://protect-us.mimecast.com/s/ERDOCR6JK1UgZmP3S9ATvi?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09*
<https://protect-us.mimecast.com/s/ERDOCR6JK1UgZmP3S9ATvi?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09>



*Meeting ID: 161 758 2659*

*Passcode: 9881047*



*U.S. Bankruptcy Judge Panelists:*

Hon. David W. Hercher, D. Or

Hon. Mary Jo Heston, WDWA

Hon. Deborah J. Salzman, CDCA



Please join us as we engage in a lively discussion of the following twelve
recent Ninth Circuit and BAP cases and how they impact bankruptcy
practitioners and bankruptcy courts.



*In re Mayer, Milkovich v. United States, In re Hutchinson, In re Stevens,
In re Nichols, Bank of New York Mellon v. Enchantment Sunset Bay Condo.
Assn., In re Albert, In re Elieff, In re Black Gold SARL, In re
Andrade-Garcia, In re Koeberer and In re Perez**.*





   1. The presentation will be recorded, and the link will be found on the
   FJC and the Ninth Circuit Websites. More information will be provided on
   the day of the webinar.
   2. The Ninth Circuit Education Committee members are Judges: Joseph M.
   Meier, D. Id. (Chair), Daniel Collins, D. Az., Barry Russell, CDCA,
Deborah
   J. Salzman, CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E.
   Niemann, EDCA, Charles D. Novack, NDCA and Mary Jo Heston, WDWA.





Should you have any questions about this webinar, please contact Robb Wilmot
at the FJC: rwilmot at fjc.gov.




------------------------------

------------------------------

[1] <#m_-5801301763895813432_m_5344191668869976455__ftnref1> The
presentation will be recorded, and the link will be found on the FJC and the
Ninth Circuit Websites. More information will be provided on the day of the
webinar.

[2] <#m_-5801301763895813432_m_5344191668869976455__ftnref2> The Ninth
Circuit Education Committee members are Judges: Joseph M. Meier, D. Id.
(Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah J. Salzman,
CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E. Niemann, EDCA,
Charles D. Novack, NDCA and Mary Jo Heston, WDWA.


-- 

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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/H-crCVOj2QiPQwjpuzlOuX?domain=admws.idaho.gov


From dswartley at McCarthyHolthus.com  Wed May 25 11:16:12 2022
From: dswartley at McCarthyHolthus.com (David Swartley)
Date: Wed, 25 May 2022 17:16:12 +0000
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit
	Bankruptcy	Decisions (2022 Webinar) -- May 25, 2022
In-Reply-To: <008e01d8705a$51815e70$f4841b50$@roarklawboise.com>
References: <BLAPR09MB6388BB7D7D0D1F268A3F75FBADD49@BLAPR09MB6388.namprd09.prod.outlook.com>
 <CACg1PEV6Ggv1068fWOSUyHOvTjUkXX1oRVkoqAo-AsM7dJ_rTw@mail.gmail.com>
 <008e01d8705a$51815e70$f4841b50$@roarklawboise.com>
Message-ID: <A55B402E95CE8E48A208683EEBB80A9202997CA14E@IDS-MB.domain.local>

Pacific time, Holly.  You're a little early.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Holly Roark
Sent: Wednesday, May 25, 2022 11:16 AM
To: 'Alexandra Caval' <alex at cavallawoffice.com>; 'Bankruptcy list' <CLBS at admws.idaho.gov>
Subject: Re: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022 Webinar) -- May 25, 2022

Is anyone else in the Zoom meeting or is it still waiting? 

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.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
Sent: Monday, May 23, 2022 2:51 PM
To: Bankruptcy list <CLBS at admws.idaho.gov>
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022 Webinar) -- May 25, 2022

Folks,
The Federal Judicial Center is doing a webinar later this week (Wednesday) on 12 recent 9th Circuit and BAP cases that affect your bankruptcy practice.
Below is the zoom information.

Alex

---------- Forwarded message ---------
From: FJC Multimedia_Production <fjc_multimedia_production at fjc.gov>
Date: Mon, May 23, 2022 at 11:13 AM
Subject: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022
Webinar) -- May 25, 2022
To:


*NINTH CIRCUIT UPDATE WEBINAR*



*Date and Time: May 25, 2022, 11 a.m. (PDT)*[1] <#m_-5801301763895813432_m_5344191668869976455__ftn1>

Sponsored by: Ninth Circuit Education Committee[2] <#m_-5801301763895813432_m_5344191668869976455__ftn2>



*Please use this link, Meeting ID, and Passcode:*



*https://protect-us.mimecast.com/s/XmeVCgJED2CYQ0rMiNcGZz?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09*
<https://protect-us.mimecast.com/s/XmeVCgJED2CYQ0rMiNcGZz?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09>



*Meeting ID: 161 758 2659*

*Passcode: 9881047*



*U.S. Bankruptcy Judge Panelists:*

Hon. David W. Hercher, D. Or

Hon. Mary Jo Heston, WDWA

Hon. Deborah J. Salzman, CDCA



Please join us as we engage in a lively discussion of the following twelve recent Ninth Circuit and BAP cases and how they impact bankruptcy practitioners and bankruptcy courts.



*In re Mayer, Milkovich v. United States, In re Hutchinson, In re Stevens, In re Nichols, Bank of New York Mellon v. Enchantment Sunset Bay Condo.
Assn., In re Albert, In re Elieff, In re Black Gold SARL, In re Andrade-Garcia, In re Koeberer and In re Perez**.*





   1. The presentation will be recorded, and the link will be found on the
   FJC and the Ninth Circuit Websites. More information will be provided on
   the day of the webinar.
   2. The Ninth Circuit Education Committee members are Judges: Joseph M.
   Meier, D. Id. (Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah
   J. Salzman, CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E.
   Niemann, EDCA, Charles D. Novack, NDCA and Mary Jo Heston, WDWA.





Should you have any questions about this webinar, please contact Robb Wilmot at the FJC: rwilmot at fjc.gov.




------------------------------

------------------------------

[1] <#m_-5801301763895813432_m_5344191668869976455__ftnref1> The presentation will be recorded, and the link will be found on the FJC and the Ninth Circuit Websites. More information will be provided on the day of the webinar.

[2] <#m_-5801301763895813432_m_5344191668869976455__ftnref2> The Ninth Circuit Education Committee members are Judges: Joseph M. Meier, D. Id.
(Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah J. Salzman, CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E. Niemann, EDCA, Charles D. Novack, NDCA and Mary Jo Heston, WDWA.


-- 

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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/d2gjCjRKg8fyN52WUR63Qe?domain=admws.idaho.gov

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/d2gjCjRKg8fyN52WUR63Qe?domain=admws.idaho.gov

From holly at roarklawboise.com  Wed May 25 11:19:04 2022
From: holly at roarklawboise.com (Holly Roark)
Date: Wed, 25 May 2022 11:19:04 -0600
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit
	Bankruptcy	Decisions (2022 Webinar) -- May 25, 2022
In-Reply-To: <A55B402E95CE8E48A208683EEBB80A9202997CA14E@IDS-MB.domain.local>
References: <BLAPR09MB6388BB7D7D0D1F268A3F75FBADD49@BLAPR09MB6388.namprd09.prod.outlook.com>
 <CACg1PEV6Ggv1068fWOSUyHOvTjUkXX1oRVkoqAo-AsM7dJ_rTw@mail.gmail.com>
 <008e01d8705a$51815e70$f4841b50$@roarklawboise.com>
 <A55B402E95CE8E48A208683EEBB80A9202997CA14E@IDS-MB.domain.local>
Message-ID: <009201d8705b$894e8930$9beb9b90$@roarklawboise.com>

Thanks, LOL. It's weird though, because the Zoom holding room says "Start:
10:00 a.m." and "You can join at 9:55 a.m." Maybe they're doing a different
zoom before ours. 

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.

-----Original Message-----
From: David Swartley <dswartley at McCarthyHolthus.com> 
Sent: Wednesday, May 25, 2022 11:16 AM
To: holly at roarklawboise.com; 'Alexandra Caval' <alex at cavallawoffice.com>;
'Bankruptcy list' <CLBS at admws.idaho.gov>
Subject: RE: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
Decisions (2022 Webinar) -- May 25, 2022

Pacific time, Holly.  You're a little early.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Holly Roark
Sent: Wednesday, May 25, 2022 11:16 AM
To: 'Alexandra Caval' <alex at cavallawoffice.com>; 'Bankruptcy list'
<CLBS at admws.idaho.gov>
Subject: Re: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
Decisions (2022 Webinar) -- May 25, 2022

Is anyone else in the Zoom meeting or is it still waiting? 

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.

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Alexandra Caval
Sent: Monday, May 23, 2022 2:51 PM
To: Bankruptcy list <CLBS at admws.idaho.gov>
Subject: [CLBS] Fwd: Reminder: A Review of Ninth Circuit Bankruptcy
Decisions (2022 Webinar) -- May 25, 2022

Folks,
The Federal Judicial Center is doing a webinar later this week (Wednesday)
on 12 recent 9th Circuit and BAP cases that affect your bankruptcy practice.
Below is the zoom information.

Alex

---------- Forwarded message ---------
From: FJC Multimedia_Production <fjc_multimedia_production at fjc.gov>
Date: Mon, May 23, 2022 at 11:13 AM
Subject: Reminder: A Review of Ninth Circuit Bankruptcy Decisions (2022
Webinar) -- May 25, 2022
To:


*NINTH CIRCUIT UPDATE WEBINAR*



*Date and Time: May 25, 2022, 11 a.m. (PDT)*[1]
<#m_-5801301763895813432_m_5344191668869976455__ftn1>

Sponsored by: Ninth Circuit Education Committee[2]
<#m_-5801301763895813432_m_5344191668869976455__ftn2>



*Please use this link, Meeting ID, and Passcode:*



*https://protect-us.mimecast.com/s/RxcOC68Nx9UGwOzAFpCutC?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09*
<https://protect-us.mimecast.com/s/RxcOC68Nx9UGwOzAFpCutC?domain=federaljudicialcenter.zoomgov.com
RlpNYnBCT3BhUT09>



*Meeting ID: 161 758 2659*

*Passcode: 9881047*



*U.S. Bankruptcy Judge Panelists:*

Hon. David W. Hercher, D. Or

Hon. Mary Jo Heston, WDWA

Hon. Deborah J. Salzman, CDCA



Please join us as we engage in a lively discussion of the following twelve
recent Ninth Circuit and BAP cases and how they impact bankruptcy
practitioners and bankruptcy courts.



*In re Mayer, Milkovich v. United States, In re Hutchinson, In re Stevens,
In re Nichols, Bank of New York Mellon v. Enchantment Sunset Bay Condo.
Assn., In re Albert, In re Elieff, In re Black Gold SARL, In re
Andrade-Garcia, In re Koeberer and In re Perez**.*





   1. The presentation will be recorded, and the link will be found on the
   FJC and the Ninth Circuit Websites. More information will be provided on
   the day of the webinar.
   2. The Ninth Circuit Education Committee members are Judges: Joseph M.
   Meier, D. Id. (Chair), Daniel Collins, D. Az., Barry Russell, CDCA,
Deborah
   J. Salzman, CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E.
   Niemann, EDCA, Charles D. Novack, NDCA and Mary Jo Heston, WDWA.





Should you have any questions about this webinar, please contact Robb Wilmot
at the FJC: rwilmot at fjc.gov.




------------------------------

------------------------------

[1] <#m_-5801301763895813432_m_5344191668869976455__ftnref1> The
presentation will be recorded, and the link will be found on the FJC and the
Ninth Circuit Websites. More information will be provided on the day of the
webinar.

[2] <#m_-5801301763895813432_m_5344191668869976455__ftnref2> The Ninth
Circuit Education Committee members are Judges: Joseph M. Meier, D. Id.
(Chair), Daniel Collins, D. Az., Barry Russell, CDCA, Deborah J. Salzman,
CDCA, David Hercher, D. Or., Whitman Holt, EDWA, Jennifer E. Niemann, EDCA,
Charles D. Novack, NDCA and Mary Jo Heston, WDWA.


-- 

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.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/VMZvC730yXhW7plxhWEGAA?domain=admws.idaho.gov

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/VMZvC730yXhW7plxhWEGAA?domain=admws.idaho.gov


From ajt at aaronjtolsonlaw.com  Wed May 25 16:24:15 2022
From: ajt at aaronjtolsonlaw.com (Aaron Tolson)
Date: Wed, 25 May 2022 16:24:15 -0600
Subject: [CLBS] FYI new address Tolson & Wayment
Message-ID: <CAJy6kP4a+B6XELOU1OVYu_0q4gy-qXEi2rbPVo=MWzWSR57LZA@mail.gmail.com>

Tolson & Wayment is expanding so we can do a better job for our clients.
After July 1, this will be the new information to find us.  Thanks!
-------------- next part --------------
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