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Brent R. Wilson

Partner

Phone:
208.388.4852
Fax:
208.954.5209
Email:
bwilson@hawleytroxell.com

Biography

Brent concentrates his practice in the areas of bankruptcy and creditor rights. He represents lenders, landlords, creditors, trustees, purchasers, and other parties in interest in Chapter 7 liquidation proceedings, Chapter 11 reorganization proceedings, and out of court workout negotiations.

Brent is a member of the American Bankruptcy Institute and is a member of the Local Rules Committee for the U.S. Bankruptcy Court for the District of Idaho.

BAR ADMISSIONS

Idaho

Illinois

United States District Court, Northern District of Illinois

United States District Court, District of Idaho

United States Bankruptcy Court, District of Idaho

United States Court of Appeals, Ninth Circuit

ACCOMPLISHMENTS

Idaho Business Review’s Leaders in Law – Up & Coming Lawyer, 2019

Chambers & Partners, Up and Coming, USA Idaho Bankruptcy/Restructuring, 2023

PROFESSIONAL/COMMUNITY ASSOCIATIONS

Idaho State Bar Association – Commercial Law and Bankruptcy Section, Board member, since 2024

EDUCATION

Law School:

John Marshall Law School, J.D. cum laude, 2011

Editorial Board, Student Publications

Editor, The John Marshall Law Review, 2010-2011

Undergraduate:

Indiana University, B.A., 2002

CLERKSHIP

Law Clerk to the Honorable Jim D. Pappas, U.S. Bankruptcy Court for the District of Idaho/Bankruptcy Appellate Panel for the Ninth Circuit, July 2012-July 2015

PUBLICATIONS & PRESENTATIONS

The Justices are Set to Answer a Question that has Divided the Circuit Courts of Appeal: Do Creditors Violate the Automatic Stay by Passively Retaining a Debtor’s Property?“, Hawley Troxell Business Newsletter, September 2020

“In re Spanish Peak Holdings II, LLC: Lessons for Trustees and Lessees in Bankruptcy”, Hawley Troxell Business Newsletter, August 2017

“Who Paid You? Chapter 7 Trustees are Asking and Creditors Should Know”, Hawley Troxell Banking Newsletter, June 2016

“Secured Creditors Receive the Benefit of Their Bargain in Chapter 11”, Hawley Troxell Banking Newsletter, January 2016

“Underwater” Lienholders Breathe Easy, You’re Still “Secured” by 11 U.S.C.§ 506(d), Hawley Troxell Banking Newsletter, October 5, 2015

Speaker, 2013 Bankruptcy Case Review, 32nd Annual Bankruptcy Seminar, February 6-8, 2014, Coeur D’Alene, Idaho

A Penny for your Thoughts: How Much for a Debtor’s Life Story?, Idaho State Bar, 2013

Speaker, Bankruptcy Law Case Review, Fourth District Bar Association Spring Case Review and Law Update, April 2, 2013, Boise, Idaho

Speaker, 2012 Bankruptcy Case Review, 31st Annual Bankruptcy Seminar, February 28-March 2, 2013, McCall, Idaho

The “Current Monthly Income” Debate: Unemployment Compensation as a “Benefit Received Under the Social Security Act”?, 44 J. Marshall L. Rev. 801(2011)

Is the Almighty Entitled to the Almighty Dollar of the Bankrupt? Free Exercise Issues in the Bankruptcy Code, April 5, 2011

In re Kucharz: Unemployment Compensation Included in a Debtor’s “Current Monthly Income” Calculation Although it is a “Surprisingly Difficult Question”, Illinois State Bar Association: Commercial, Banking and Bankruptcy Law Newsletter, March 2010

Related Insights

Denial of the Debtor’s Access to the Online Payment Portal Transports the Creditor to an Automatic Stay Violation

The automatic stay is the powerful, self-executing stop sign for all creditors upon their debtor’s bankruptcy filing. Actions in violation of the automatic stay are…

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Exceptions to Discharge Apply only to Individuals Even in a “Cramdown” Subchapter V, Chapter 11 Case

In a recent opinion, the Bankruptcy Court for the District of Idaho addressed an issue our clients frequently inquire about: whether a business’s debts can…

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The Justices are Set to Answer a Question that has Divided the Circuit Courts of Appeal: Do Creditors Violate the Automatic Stay by Passively Retaining a Debtor’s Property?

Can a creditor keep a vehicle, or other property, it lawfully repossessed or took possession of before the debtor-owner files bankruptcy? The Supreme Court of…

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In re Spanish Peak Holdings II, LLC: Lessons for Trustees and Lessees in Bankruptcy

On July 13, 2017, the United States Court of Appeals for the Ninth Circuit issued an opinion that is an interesting—yes I really think so—lesson…

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