Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.

Law Firm in Sandpoint, ID

Contact Us

Firm Overview

The legal team at ELSAESSER JARZABEK ANDERSON ELLIOTT & MACDONALD, CHTD. is at your service. For over thirty years we have offered reliable advice and representation in legal matters in a variety of disciplines. Learn more about our legal practice and areas of focus.

Areas of Law:
-General Civil Trial Practice
-Agencies
-Bankruptcy
-Commercial Law
-Creditor's Rights
-Estate Planning
-Labor And Employment
-Personal Injury
-Planning Law
-Zoning Law
-Probate
-Public Utility Law
-Real Estate
-Commercial Leasing
-Social Security
-Taxation
-Workers Compensation
-Family Law
-Criminal Law.
-Bankruptcy Reorganization
-Commercial Insolvency
-Commercial Litigation
-Receivership
-Mediation
-Arbitration
-Bankruptcy Chapter 11
-Bankruptcy Chapter 7
-Bankruptcy Chapter 12
-Bankruptcy Chapter 13
-Construction Law
-Adoptions
-Commercial Landlord and Tenant Law.
-Guardianship and Conservatorship
-Civil Litigation
-Employment Law
-Probate Administration
-Child Custody
-Alimony
-Child Support
-Divorce
-Equitable Distribution
-Grandparents Custody
-Legal Separation
-Marital Agreements
-Marital Property Distribution
-Marital Property Law
-Marital Property Settlements
-Matrimonial Bankruptcy Law
-Matrimonial Law
-Parental Rights
-Post Divorce Modification
-Post Nuptial Agreements
-Premarital Agreements
-Spousal Support
-Visitation Rights
-Zoning, Planning and Land Use
-Homeowners Association Law
-Guardianship
-Conservatorship
-Health Law
-Collections
-Criminal Law
-Landlord and Tenant Law
Main Office

Main Office
123 South Third Avenue, Suite 24
Sandpoint  ID  83864

Phone
  • 208-263-8517
Fax
  • 208-263-0759
Bankruptcy
This firm handles Chapter 7, 11, and 13 proceedings throughout the state and the region.
Chapter 7:
Chapter 7 entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor's assets. These cases are called "no-asset cases." A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a "means test" to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor's income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.

Chapter 11:
Chapter 11 entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.

Chapter 13:
Chapter 13 entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor's repayment plan, depending on whether it meets the Bankruptcy Code's requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.
Child Custody
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your Child Custody legal matters.
We practice in all facets of family law. Are you having legal issues regarding divorce, custody or child support? We can guide you through the process no matter what the issues are.
Child Support
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your Child Support legal matters.
We practice in all facets of family law. Are you having legal issues regarding divorce, custody or child support? We can guide you through the process no matter what the issues are.
Debt Settlement
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your debt settlement legal matters.
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your debt settlement legal matters.
Divorce
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will support your Divorce legal matters.
We practice in all facets of family law. Are you having legal issues regarding divorce, custody or child support? We can guide you through the process no matter what the issues are.
Family
Family Law
We practice in all facets of family law. Are you having legal issues regarding divorce, custody or child support? We can guide you through the process no matter what the issues are.
Workers Compensation
If you are injured at work either through an accident, exposure to harmful substances, or from an occupational disease or repetitive trauma injury, you may have a workers' compensation claim.
Workers' compensation insurance may provide benefits for vocational training if you are unable to return to the same job, and can provide disability benefits if your injury has left you disabled and therefore unable to work. Idaho has numerous laws and rules controlling the state's workers' compensation system. An attorney can help an injured worker navigate the complex rules and regulations. Also, an attorney only gets paid if he is able to recover an award for you.
Wrongful Death
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your Wrongful Death legal matters.
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. will represent your Wrongful Death legal matters.

J. Ford Elsaesser

Attorney in Sandpoint, ID

Ford has developed a national practice in bankruptcy law and has extensive experience in every aspect of insolvency, restructuring and bankruptcy issues, from the most complex Chapter 11's to small business, agricultural and consumer matters.

Among notable Chapter 11 achievements, Ford represented the Bonner Mall Partnership in successfully arguing to the Ninth Circuit the principle of the new value exception to the absolute priority rule, and later, in the same case, argued for the elimination of the routine vacating of lower court decisions to the United States Supreme Court, resulting in a 9-0 landmark decision. More recently, Ford represented a number of the creditor parties in the Sunwest Management, Inc., U. S. District Court case in Eugene, Oregon, arguably the most complex case on the West Coast in recent years, in a case which resulted in dividends that should approach 60 on the dollar, mostly for elderly real estate investors.

Ford has represented unsecured creditors committees on numerous occasions. In recent years, he has represented the parishes and schools directly impacted by the Catholic organizations that have filed bankruptcy due to abuse lawsuits.

Ford's first major Chapter 11, filed in the mid-1980s, was the case of Riley Creek Lumber Co. This company was one of the few lumber companies to ever successfully reorganize. Riley Creek, now known as Idaho Forest Group, is the largest lumber producer in the inland Northwest.

Ford has served as a Chapter 7 Trustee since 1984, handling well in excess of 20,000 cases, and has served as a Chapter 12 Trustee for all of the Eastern District of Washington and Northern Idaho since 1986. He has served and continues to serve as a Chapter 11 Trustee and "Plan Trustee" in cases throughout the Northwest, as well as cases in Arizona and Nevada, and has served as a federal court-appointed receiver, operating the Schweitzer Ski Area (1996-1999), and more recently appointed as a receiver on behalf of the Federal Trade Commission.

Ford has served as an expert witness on numerous occasions, testifying as to the standard of care and standard of practice in regard to lawyers, trustees, and debtors-in-possession in a wide variety of state and federal lawsuits.

Member: Moot Court Team; Order of the Barristers. Adjunct Professor, St. John's University School of Law LL.M. Program (2002); Adjunct Professor, University of Idaho College of Law, Bankruptcy Program (2005). Fellow: American College of Bankruptcy, Sixth Class.

Areas of Law:
-Commercial Law
-Bankruptcy Law
-Real Estate Litigation
-Insolvency
-Bankruptcy
-Commercial Litigation
-Receivership
-Mediation
-Arbitration

Experience & Credentials:

Position:
Managing Partner

Admission Details:
-Admitted in 1978, Idaho and U.S. District Court, District of Idaho
-1992, U.S. Court of Appeals, Ninth Circuit
-1994, U.S. Supreme Court

Law School Attended:
University of Idaho, College of Law
Class of 1977
J.D.

University Attended:
Goddard College
Class of 1973
B.S.

Birth Information:
Born in 1951
Cleveland, Ohio, October 29, 1951

Associations & Memberships:
Idaho State Bar (Recipient, Professionalism Award, 1999; Pro Bono Award, 1990; Member: Fee Arbitration Committee, 1982; Bankruptcy Law Section, 1982; Chairman, Bankruptcy Law Section, 1988-1989); American Bankruptcy Institute (Member, Executive Committee, 1992-2002; President, 1999-2000; Chair, 2001-2002).

Bar Fellowship:
American College of Bankruptcy, Sixth Class.

Representative Transactions:
General Counsel, Coldwater Creek Inc.; Intermountain Community Bancorp; Federal Receiver for Schweitzer Ski Resort/Pack River Ltd. Co, 1996-2001; lead counsel for Creditors Committee and Chapter 11 bankruptcies of Output Technologies, Gulf, Sisco Seeds; Creditor Representation in AgriBioTech; Chapter 11 Trustee and Liquidating Agent for Myers Financial Group; counsel for debtors in bankruptcy of Bonner Mall Partnership, Bunker Hill Mining Co. (U.S.), Riley Creek Lumber Co.; Chapter 7 Panel Trustee-Northern Idaho; Chapter 12 Panel Trustee-Northern Idaho and Eastern Washington. Less

Representative Cases:
U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, U.S. Supreme Court No. 93-714 (November 1994).
Education
  • University of Idaho, College of Law
    Juris Doctorate , 1977

Joseph E. Jarzabek

Attorney in Sandpoint, ID

Admitted to the Idaho State Bar; U.S. District Court, District of Idaho; American Bar Association; Idaho Trial Association; Washington State Trial Lawyers Association; and The Associaiton of Trial Lawyers of America.

Areas of Law:
-Workers Compensation Law
-Personal Injury Law

Experience & Credentials:

Position:
Partner

Admission Details:
Admitted in 1980, Idaho and U.S. District Court, District of Idaho

Law School Attended:
University of Idaho
Class of 1980
J.D.

University Attended:
Northern Arizona University
Class of 1976
B.S.

Birth Information:
Born in 1954
Phoenix, Arizona, September 22, 1954

Associations & Memberships:
Idaho State Bar; American Bar Association; Idaho Trial Lawyers Association; Washington State Trial Lawyers Association; The Association of Trial Lawyers of America.
Education
  • University of Idaho
    Juris Doctorate , 1980

Bruce A. Anderson

Attorney in Sandpoint, ID

Bruce practiced with the Denver Colorado ofice of Chief Counsel, office of the Internal Revenue Service, from 1986 until 1994, when he joined the Sandpoint law firm of Elsaesser Jarzabek& Anderson, Chtd., as partner.
Bruce's current practice emphasizes Chapter 11 bankruptcy restructuring, commercial and probate litigation, and tax controversies.

Among notable Chapter 11 achievements, Bruce currently represents the Sterling Mining Company, in a Chapter 11 proceeding where the assets of the mine have been sold for an amount sufficient to pay unsecured general creditors a dividend of 100% of their allowed claims, plus interest. The Sterling Mining Company case has been complicated by much contentious adversarial litigation which has spanned roughly two years; with all litigation deiceded or resolved favorably for the client.

Certified Public Accountant, Idaho, 1980. Senior Trial Attorney, Office of Chief Counsel, Internal Revenue Service, 1986-1994. Private Civil Litigation Evaluator, Idaho, 2002.

Areas of Law:
-Taxation
-Probate
-Bankruptcy
-Estate Planning
-Civil Litigation
-Real Estate
-Mediation
-Arbitration
-Commercial Litigation
-Litigation

Experience & Credentials:

Position:
Partner

Admission Details:
-Admitted in 1985, Idaho and U.S. District Court, District of Idaho
-1986, U.S. Tax Court
-1988, Colorado and U.S. District Court, District of Colorado
-1997, U.S. Court of Appeals, Ninth Circuit

Law School Attended:
University of Idaho
Class of 1985
J.D.

University of Denver:
Class of 1987
LL.M.
Taxation

University Attended:
Eastern Washington University
Class of 1980
B.A.

Birth Information:
Born in 1956
Spokane, Washington, November 8, 1956

Associations & Memberships:
Idaho State Bar (Member Sections on: Taxation, Corporate, ADR and Bankruptcy Law); Colorado State Bar Association.
Education
  • University of Idaho
    Juris Doctorate , 1985

Cindy Elliott

Attorney in Sandpoint, ID

Cindy has practiced in Sandpoint for 23 years following a 2 year Bonner County District Court clerkship serving former District Court Judge James R. Michaud. Cindy has developed a general practice that serves individuals, families and local business entities in the Sandpoint area. Cindy has provided services to a number of area non-profit organizations including The Pend Oreille Arts Council and The Friends of the Shelter. Cindy works closely with Ford Elsaesser on a number of bankruptcy clawback cases involving Ponzi schemes.
Cindy was appointed to serve on the Sandpoint City Council in 1999 and was elected to serve two additional terms for an overall service period ending in 2007. During her service period, she served on various City committees and boards.

Member, Sandpoint City Council (1999-2007).

Areas of Law:
-Commercial Law
-Estate Planning and Wills
-Probate
-Ancillary Probate
-Real Estate and Real Estate Leasing
-Condominium and Homeowners Association Law
-Corporate and Limited Liability Company Formation
Adoptions
-Labor and Employment
-Guardianships and Conservatorships
-Liquor Licensing
-Small Business Law
-Copyright Registration and Licensing

Experience & Credentials:

Position:
Partner

Admission Details:
Admitted in 1989, Idaho and U.S. District Court, District of Idaho

Law School Attended:
Gonzaga University
Class of 1989
J.D.

University Attended:
Eastern Montana College
Class of 1986
B.S.

Birth Information:
Born in 1949
Milwaukee, Wisconsin, January 4, 1949

Associations & Memberships:
First District Bar Association (President, 1994-1995); Idaho State Bar.
Education
  • Gonzaga University
    Juris Doctorate , 1989

James S. Macdonald

Attorney in Sandpoint, ID

Norton Bankruptcy Advisor: "Ninth Circuit Bankruptcy Review," 2005; "Ninth Circuit Bankruptcy Review," 2006 In re Rake, 363 B.R. 146 (Bankr.D.Idaho 2007) In re Weddle, 353 B.R. 892 (Bankr.D.Idaho 2006).

Areas of Law:
-Family Law
-Bankruptcy
-Real Estate
-Probate
-Commercial Law
-Civil Litigation
-Collections

Experience & Credentials:

Position:
Partner

Admission Details:
Admitted in 2005, Idaho and U.S. District Court, District of Idaho

Law School Attended:
University of Idaho
Class of 2005
J.D.

University Attended:
Northern Arizona University
Class of 1993
B.A.

Birth Information:
Born in 1969
Dallas, Texas, September 6, 1969

Associations & Memberships:
Idaho State Bar (Member, Sections on: Bankruptcy; Real Estate; Family Law; Tax and Probate).
Education
  • University of Idaho
    Juris Doctorate , 2005

Suzanne Fegelein

Attorney in Sandpoint, ID

Suzanne has extensive experience in Family Law. She handles many high conflict custody and divorce cases. Suzanne is an Idaho Supreme Court Certified Child Custody mediator. Suzanne has spoken at several Continuing Legal Education seminars for attorneys in Bonner County and Kootenai County regarding current law and issues involving custody and divorce. Suzanne also handles guardianships and conservatorships, and other areas of civil litigation.

Areas of Law:
-Mediation
-Adoption Law
-Child Advocacy
-Child Abuse and Neglect
-Child Custody
-Child Protection
-Grandparents Custody
-Grandparents Visitation Rights
-Parenting Time
-Termination of Parental Rights
-Collaborative Family Law
-Criminal Law
-Divorce
-Community Property Law
-Divorce Mediation
-Domestic Relations
-Family Mediation
-Legal Separation Agreements
-Marital Agreements
-Marital Property Law
-Name Changes
-No Fault Divorce
-Paternity
-Post Divorce Modification
-Qualified Domestic Relations Orders
-Restraining Orders
-Evictions
-Landlord and Tenant Law
-Leases and Leasing
-Litigation
-Uncontested Divorce
-Child Support
-Visitation Rights
-Guardianship and Conservatorship

Experience & Credentials:

Position:
Partner

Admission Details:
Admitted in 2005, Idaho

Law School Attended:
University of Idaho College of Law
Class of 2005
J.D.

University Attended:
Fort Lewis College
Class of 1999
B.A.
summa cum laude

Associations & Memberships:
Idaho State Bar (Member, Sections on: Family Law 2009-present; Environmental Law 2009-2010); Idaho Trial Lawyers Association Member 2006-2011 and Board of Directors Regional Director, 2009-2011.
Education
  • University of Idaho College of Law
    Juris Doctorate , 2005
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