Commercial Litigation in Boise, ID

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The Two Roads of Bankruptcy

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A Chapter 7 Bankruptcy is kind of like a road trip. It’s a trip on which all the players (the debtor, the debtor’s creditors, the case trustee, and the United States Trustee) get to embark. There are two roads to ...

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The Discharge

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WHAT IT IS: It’s the reason one files for bankruptcy relief….to obtain a discharge.  A discharge is a Federal injunction prohibiting the debtor’s creditors from ever attempting to collect from the ...

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National Data Center (Chapter 13 Case Information)

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The National Data Center is a non-profit outfit that assists  Debtors, Debtors attorneys, Creditors and Creditors attorneys by providing up to date information regarding the particular chapter 13 case in which the ...

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The 341 Meeting of Creditors

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It happens in EVERY case.  11 USC 341(a) provides that the US Trustee shall convene and preside at a meeting of creditors.  Typically in chapters 7 and 13, in Idaho at least, the US Trustee schedules the meeting of ...

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Property of the Bankruptcy Estate | Bank accounts

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Client: Are the funds in my bank account property of the estate? Attorney: Well….that depends. It depends on whether the funds are the clients.  It depends on whether the client’s children’s funds are ...

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Property of the Bankruptcy Estate

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**This article should be considered an incomplete article until further notice. The intent with this article is to establish a general article about property of the bankruptcy to which subsequent articles discussing the ...

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Is that an Heirloom in My Room?

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What is an heirloom?  Is a gift from Mom an heirloom?  What about a gift from Grandma?  What if the gift was simply an ordinary aluminum boat you could pickup at Cabela’s? Well, there are two criteria ...

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Income Tax Turnover Order

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The Income Tax Turnover Order is an automatic order issued by the court when every Bankruptcy Petition is filed and remains in effect for the entire period during which a case is open. It requires that a debtor do 3 things: ...

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Current Monthly Income (CMI)

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In every single individual consumer bankruptcy case, the debtor’s Current Monthly Income (“CMI”) must be calculated.  So just what is a debtor’s Current Monthly Income?  Well, its not what ...

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Tax REFUNDS in a Chapter 7

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I’m talking about tax refunds, not returns.  There is a difference.  A tax return is the paper that you send to the taxing authority.  The tax refund is the actual money you get back from the taxing ...

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