From PGeile at foleyfreeman.com Fri Sep 15 08:19:28 2023 From: PGeile at foleyfreeman.com (Patrick Geile) Date: Fri, 15 Sep 2023 14:19:28 +0000 Subject: [CLBS] Priming the Debtor's homestead Message-ID: CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Good morning, This 9th circuit decision affirmed the debtors do not have standing to appeal a decision affirming a carveout the chapter 7 trustee negotiated with consensual lienholders on a debtor's home. In short, a trustee may work a carveout with the mortgage company to sell a debtor's home and to carve out funds for the estate including the trustee's administrative fee. Although not new, this decision is not critical of the practice in the 9th circuit and denies the debtor an ability to challenge the carveout agreement because the debtor lacked standing. Patrick J. Geile Attorney [cid:image001.png at 01D9E7AC.A17E9940] 953 S. Industry Way Meridian, ID 83642 Phone: 208-888-9111 Direct:208-947-1563 Fax: 208-888-5130 Website: https://protect-us.mimecast.com/s/kndbCzpz4XUNxlxWC46cIf?domain=foleyfreeman.com CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 5588 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Babaee+9+Cir.pdf Type: application/pdf Size: 191288 bytes Desc: Babaee+9+Cir.pdf URL: From paul at idbankruptcylaw.com Fri Sep 15 09:02:54 2023 From: paul at idbankruptcylaw.com (Paul Ross) Date: Fri, 15 Sep 2023 09:02:54 -0600 Subject: [CLBS] Priming the Debtor's homestead In-Reply-To: References: Message-ID: CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Would the outcome be different if there was a homestead to be paid to the debtors? Paul On Fri, Sep 15, 2023 at 8:21?AM Patrick Geile wrote: > CAUTION: This email originated outside the State of Idaho network. Verify > links and attachments BEFORE you click or open, even if you recognize > and/or trust the sender. Contact your agency service desk with any concerns. > > Good morning, > > This 9th circuit decision affirmed the debtors do not have standing to > appeal a decision affirming a carveout the chapter 7 trustee negotiated > with consensual lienholders on a debtor's home. In short, a trustee may > work a carveout with the mortgage company to sell a debtor's home and to > carve out funds for the estate including the trustee's administrative fee. > Although not new, this decision is not critical of the practice in the 9th > circuit and denies the debtor an ability to challenge the carveout > agreement because the debtor lacked standing. > > > Patrick J. Geile > Attorney > [cid:image001.png at 01D9E7AC.A17E9940] > 953 S. Industry Way > Meridian, ID 83642 > Phone: 208-888-9111 > Direct:208-947-1563 > Fax: 208-888-5130 > Website: https://protect-us.mimecast.com/s/8cYECG6rX8UZ0D7lfKfaIo?domain=foleyfreeman.com > > > 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. > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > https://protect-us.mimecast.com/s/seNNCJ6xKQUL16JzFG1yGP?domain=admws.idaho.gov > -- Idaho Bankruptcy Law T: (208) 219-7997 F: (208) 416-6996 This communication is intended for the party above. If this e-mail has been sent to you by mistake, please notify me immediately. This information is private and is confidential and unauthorized use can impose penalties and liabilities. A client-attorney relationship is not created without a signed agreement and should not be construed as legal advice without such an agreement. From MTC at johnsonmaylaw.com Fri Sep 15 09:18:49 2023 From: MTC at johnsonmaylaw.com (Matthew T. Christensen) Date: Fri, 15 Sep 2023 15:18:49 +0000 Subject: [CLBS] Priming the Debtor's homestead In-Reply-To: References:

Message-ID: CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. I also wonder if the outcome would be different if there was no default on the consensual liens. The BAP decision is even more interesting than the 9th Circuit. MTC Matthew T. Christensen mtc at johnsonmaylaw.com https://protect-us.mimecast.com/s/KJxTCBBmX6CJMLLMczgmWx?domain=johnsonmaylaw.com -----Original Message----- From: CLBS On Behalf Of Paul Ross Sent: Friday, September 15, 2023 9:03 AM To: Patrick Geile Cc: CLBS at admws.idaho.gov Subject: Re: [CLBS] Priming the Debtor's homestead CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Would the outcome be different if there was a homestead to be paid to the debtors? Paul On Fri, Sep 15, 2023 at 8:21?AM Patrick Geile wrote: > CAUTION: This email originated outside the State of Idaho network. > Verify links and attachments BEFORE you click or open, even if you > recognize and/or trust the sender. Contact your agency service desk with any concerns. > > Good morning, > > This 9th circuit decision affirmed the debtors do not have standing to > appeal a decision affirming a carveout the chapter 7 trustee > negotiated with consensual lienholders on a debtor's home. In short, a > trustee may work a carveout with the mortgage company to sell a > debtor's home and to carve out funds for the estate including the trustee's administrative fee. > Although not new, this decision is not critical of the practice in the > 9th circuit and denies the debtor an ability to challenge the carveout > agreement because the debtor lacked standing. > > > Patrick J. Geile > Attorney > [cid:image001.png at 01D9E7AC.A17E9940] > 953 S. Industry Way > Meridian, ID 83642 > Phone: 208-888-9111 > Direct:208-947-1563 > Fax: 208-888-5130 > Website: https://protect-us.mimecast.com/s/ivbLCDkoZ8Urn88nI5oDoH?domain=foleyfreeman.com > > > 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. > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > https://protect-us.mimecast.com/s/bGr0CERpXxfogZZgFpYkRo?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. _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov https://protect-us.mimecast.com/s/bGr0CERpXxfogZZgFpYkRo?domain=admws.idaho.gov