Wilson School, Class of 1938–1947

Wilson School building, Class of 1938-1947

This is a book I received that belonged to my Great Aunt Betty Oram Donaldson. I was not sure exactly what to do with it, other than share it for family history purposes. The photos in the book were not very high quality, but I am replicating them here anyway. Hopefully this history is of value to someone else who has family in the book.

“It’s a Great Life”

It’s the time in life for all of the Wilson School Class of ’47 to stop for a moment and realize that “It is a Great Life.”

We are matured and “aged” to the point that we are willing to accept that we are what we are. We realize that all of us have talents and abilities and that no two of us are alike, but that’s what makes us successful and happy. We are happy when we use our abilities and develop our talents.

In sports and business they often refer to “a level playing field,” meaning that both sides of the competition have equal opportunities. Therefore I believe that in life competition, the only “level playing field” is when we compete with ourselves. Our goal should be to do the very best we can, because no one else has the same talents, or abilities, or past experiences that we as individuals have. It has been said that we are the sum total of our past experiences. I believe our religious freedom and our constitution give us the opportunity to pursue success and happiness.

At the reunion dinner it was noted that all of us were satisfied with our accomplishments in life and most of us were in the service of others by actively volunteering in our churches, schools, civic organizations or other needy causes. Yes! It is true that most of us are involved in golfing, traveling, or other hobbies that we have looked forward to doing while preparing for these Golden Years. The time and resources to pursue and enjoy these activities make it “a Great Life.”

I am proud and honored that I attended Wilson School and associated with all of you there. From that small class we have many success stories and important things that we have done. Each of us has his or her own success story to be proud of whether it’s related to our families, our friends, our activities in church, our civic involvement, our involvement in other special organizations, or our career successes.

It has been said that when we die if we have five close friends that we have been successful in life, If that is true, then all who were part of the Wilson School Class of ’47 are successful individuals because of the friendships that we share today.

May each and every one of us continue to be successful and happy in our daily life, and always remember that it is a Great Life.

— R. B. (Bud) Willey, Class of ’47 Student Body President


History of Wilson School Class, 1938 to 1947

Many of you attended your very first school years in another school. As each one came to Wilson we became friends and so your memories will begin where you started. For a few of us our total elementary school experience was in the old Wilson School and that is why we started this memory book with the first grade.

First Grade, 1938–39

Our first grade teacher was Miss Dorothy Poulsen. She was young and pretty and we loved her. Our first grade class room was upstairs on the southwest corner. It was large with windows on the south and had wood floors. We had tables and chairs, a playhouse, a sand table and a space for a reading circle. We read from Dick and Jane books. We carried our lunches to school and stored them in a screened cabinet in the hallway. Many of us had Snowdrift shortening buckets for lunch pails. That year the front entrance of the school faced north with steps going toward the road. There was no cafeteria. First and second grades were excused at 2:00 p.m. to go home. That year we had two age groups in our class. We met with the children a year older than us. A doctor visited our class and checked our ears and throats. There were about 29 children in our room.

First grade class photo, 1938-39

Second Grade, 1939–1940

Our teacher was Miss Viola Poulsen. Our classroom was upstairs on the southeast corner with windows on the south and east and a fire escape outside. We had desks that year and reading circle space on the east. We learned reading, math and other subjects. The school district closed the Marriott-Slaterville School that year and those children came to our school, so we had one age group of children in our classroom. About this time in the second or third grade we began getting soup for school lunches. They brought buckets of soup to the classrooms and passed enamel bowls and spoons to each student and filled them with soup. That was the forerunner of school lunches. About this time the school was remodeled so that the entrance faced the east and the office was built where the north entrance had been. The bathrooms were downstairs in the basement.

Second grade class photo, 1939-40

Third Grade, 1940–41

Mrs. Folkman was our teacher. Our classroom was the upstairs northeast corner or the southwest corner. There were 29 children in the class.

Third grade class photo, 1940-41

Fourth Grade, 1941–42

These were the war years. Our teacher was Miss Chadwick. Our classroom was the upstairs middle room on the north. These war years were very hard. School was closed in the fall so the older school boys could help harvest farm crops. We went to school on Saturdays a while to make up the time. The older boys were soldiers and were drafted to fight Japan and Germany. Many of our brothers were soldiers. No school pictures were taken during our fourth, fifth and sixth grades because all resources were concentrated on helping the war effort.

Fifth Grade, 1942–43

Our teacher was Miss Vera Shaw. She was a superb teacher. Our classroom was the upstairs northeast corner. About the time of fifth or sixth grades they began school lunches and we had tables in the basement in the hallway. I don’t remember when the cafeteria was built.

Sixth Grade, 1943–44

Our teacher was Vera Shaw again. Our classroom was on the main floor southeast corner. As an activity one day we made butter by shaking cream in a bottle then we each had a cracker with butter on it. We learned reading, math, and spelling etc. It seems like part of this year we had Mrs. McGrath for a music teacher and we made a book of all the old music composers. We bought victory stamps and gave the government the money to help fight the war. A favorite game of the boys was marbles. Each boy took great pride in his collection of marbles and his skill at shooting. The girls played jacks. We had a rubber ball and a set of 12 or so jacks and we would sit on the floor in a circle or around a table and go clear through onseys, twoseys, downseys, under the bridge or over the bridge etc. Another favorite of the girls was jump rope. If you could do “Red Hot Pepper,” or “Double Dutch” without missing you could jump quite a while. To be able to run in and out without missing was a keen skill. The boys played baseball. Another favorite game was “Pop the Whip.” Boys and girls would hold hands “tight” and run in a snake line and try to pop the end person off. We took turns being on the end to be popped off. Another favorite was “Flying Dutchman”. We were in a circle and two people ran around the circle. If your hands were touched you ran to beat the other couple to the empty space. Another favorite in winter time in the gym was four-corner kick.

Seventh Grade, 1944–45

Miss Maude Holmes was our teacher. That year for a very short while we had a Mr. Carter who was unusual. He stole some of our lunch money. Our classroom was on the southwest corner of the main floor. Around this time the school district built the cafeteria on the south of the school. We blessed the food and everyone ate together and we learned dining etiquette. The mashed potatoes and hamburger gravy and chocolate cake were favorites.

Seventh grade class photo, 1944-45

Eighth Grade, 1945–46

Mrs. Woodward was our teacher. Our classroom was on the northwest corner of the main floor. There were 27 in our class. World War II ended and the United States began it’s healing process and the rebuild.

Eighth grade class photo, 1945-46

Ninth Grade, 1946–47

Mr. Leland Reese was our teacher and our classroom was on the northeast corner of the main floor. We were becoming sophisticated adolescents. Mr. Reese taught us first aid. Mr. Wheat Taylor was our principal. Mr. Pettigrew was the orchestra teacher and some of us played instruments. We had basketball and baseball games against the other schools on Fridays.

Wilson School was a safe and healthy environment for children to grow. The teachers respected our childhood and watched over us with kindness. Every year each class in the school participated in a school program. Mr. Arthur Taylor was our principal in the early years. A Mr. Chadwick was principal for a time. Wheat Taylor was principal in our later years and helped prepare us for high school. All in all we had a memorable early school experience and look back at those fun years with fondness.

Ninth grade class photo, 1946-47

Ninth Grade Class of ’47 Reunion in 2000

Drauca Marston Holmes, Lola Taylor Sheffield, Louise Holmes, Marilyn Bowman Garner, Betty Lou Buck Schulze, Emma Ropelato Walling, Nona Flitton Forsgren, Gladys Sorensen Gibson, Lila Stone Harwood, Robert Holmes, Gordon Belnap, Betty May Oram Donaldson, Rudell Willey, Jewel Checketts Atwell.

Reunion photos, Class of 47, 2000

Where Are They Now

GORDON “DUTCH” BELNAP

Gordon Belnap

Married Faye Robins in 1951. Three sons, Rob, Tim, Mike. Eight Grand kids. US Navy: Honorable Discharge. Weber Jr. College 2 years. Utah State: Grad 1958, Masters 1965. Coach, Utah State University 13 years. Athletic Director Weber State University. Faye passed away Aug. 1996. Married Karen Smith Sept. 1997. Hobbies: woodworking, golf, travel, volunteer 2nd grade teacher.

MARILYN BOWMAN GARNER

Marilyn Bowman Garner

I’ve had a good life. I attended Weber College, married Don Butler and had 2 children, Kathy and Gary before leaving Ogden in 1956. We lived in Pocatello, Idaho before moving to Grand Jct. Colorado. During our 15 years in Colorado, I worked for a wholesale drug company and the last year as office manager, bookkeeper for an ophthalmologist. While living there Vickey and Jodi were born. Our son was killed in a car accident in 1968 and in 1971 Don and I were divorced. I moved with my girls to Salt Lake in 1973 where I spent the first 4 plus years as office manager/legal secretary for an attorney. Then I went to work for Salt Lake County. When I retired in 1999, I was fiscal manager for the SLC Public Works Department. I married Clair Garner in June of 2000. We plan to keep up the good life with travel, golf, volunteer work, genealogy and enjoying our 9 grandchildren.

BETTY BUCK SCHULZE

Betty Buck Schulze

When I left high school, I married Marler Williams. A boy, Monte B. was born of that marriage. Marler died 8 months after Monte’s birth. I went to work at HAFB to support myself and Monte. While working at Hill, I completed my schooling at Utah State University. I married Willard Smith. One son, Donald was born of that marriage. After Donald’s birth I returned to work at Hill. I worked as a supervisor for several years, then selected to study under Dr. Fredrick Herzberg, Distinguished Professor of Management from University of Utah. Under Dr. Herzberg’s guidance I completed a Masters Degree Equivalent in Industrial Psychology then taught Organizational Development, Air Force wide. I retired from HAFB with 25 years service. Willard and I traveled for 8 years prior to his death from cancer. I am now married to Hugo Schulze. We are enjoying our children, grandchildren and great grandchildren. I love to golf and play every chance I get. I have played on bowling leagues in the past. I had a wonderful time golfing with my past friends, especially Dutch Belnap, at the Weber High Golf day in 2000.

JEWEL CHECKETTS ATWELL

Jewel Checketts Atwell

I was engaged my senior year, and married Daryl Hendrick on June 19, 1950. We settled in Layton and had 4 girls and 2 boys. I played on the church softball team until I tore the cartilage in my knee, then I helped coach. We moved to Santa Fe, New Mexico and I started my dream of becoming a nurse. I worked 25 years in all areas of nursing, really enjoyed it, and learned a lot. Daryl passed away in June ’68. That was the year I met Gene. I married him in Nov. ’78. He is my best friend, lover and husband. He’s really been good through all the surgeries I’ve had. Gene had 4 children and our families are like one big family, all getting along well. These 21 years have been so happy! We have a total of 10 children, 26 grandchildren and 4 great grandchildren. Gene is now retired from US West [Quest] and we live in Roswell, New Mexico.

JOHN EILANDER [JACK]

John Jack Eilander

Upon my graduation from high school, I married and went into the US Army. After my release from the Army, I went to work for 3 years at the Ogden Arsenal. Subsequently, I was hired by Weber State University, where I retired in 1992 after 38 years of service. I am the father of 6 children, grandfather of 11 grandchildren and great grandfather of 10 great grandchildren.

NONA FLITTON FORSGREN

Nona Flitton Forsgren

After graduating from high school, I got a job at a 5 and dime store for a short time before the opportunity came for me to take employment at Hill Air Force Base as a sheet metal mechanic. I had met my husband, Judd, at a senoir class party. After dating for some time we were married in 1953. I quit work to have our family of 3 daughters. We lived in Ogden and Willard then back to the Ogden area of Kanesville, West Haven. About the time our girls were in school, I again had a chance to return to my old job of riveting. I worked on the F4’s and F16’s. After 22 years of enjoyable service at HAFB, I retired in 1987. I have been busy since, wondering how I had time to work. Judd and I have traveled long and short trips, taken cruises and just the summer of 2001 traveled to Sweden, my husbands long time desire. I have served as Relief Society President in our ward and am enjoying my grandchildren as well as all the family. We have much fun and enjoyment with them. They are the greatest.

ROBERT WILLIAM HOLMES — February 17, 1932

Robert Holmes, young
Robert Holmes, older

(“Where he’s at, there’s mischief” . . . “Bob” . . . likes any back seat . . . not a lone wolf . . . Windy’s always with him . . . they work together . . . that smile! . . . is the key to many locked doors . . . for Bob.)

Born and raised in Wilson, my Father passed away when I was 10, I was left to run the farm, which I did after school and during the summer months.

After graduating from High School I joined the Navy for a 4 year term. During the time I was in the Navy I was in several places in and around Formosa (Taiwan), Korea, Japan and China. It was very educational for me, seeing other countries and other cultures. In the Navy I was assigned to the aircraft carrier, USS BOXER, for eight months we cruised the seas patrolling the waters and land around the foreign countries. The rest of the time I spent in San Diego at Miramar Air Force Base and Point Mugu at Oxnard, California. I learned lots and seen lots during these eight years.

While in Point Mugu, I went a place called Jockey Meads, a resort between Oxnard and the San Fernando Valley, where I met Dorothy Lou Bates. I was invited to church in the Valley and stayed to a fireside at the Bishop’s house. My relationship with Dorothy continued and we were Married on July 17, 1953 in the Logan Temple. We have been blessed with five beautiful daughters, three son-in-laws and twelve grandchildren, six boys and six girls.

After my duty in the Navy, I enrolled in college at Utah State Agricultural College, halfway thru my years there they changed the College to a University, now called Utah State University. I graduated with a BS degree in Industrial Arts Education with a minor in Math after four years. The next summer I started my Masters Degree and a couple years later I finished my Masters in School Administration with a minor in Industrial Arts Education.

I was an Industrials Arts Teacher and taught wood shop for 35 years, retiring in June 1993. I was also a General Contractor for many years building houses and other structures.

I was the Chairman of the Wilson area planning committee for 14 years.

I was on the Weber County Board of Adjustments from 1988 until 1995, chairman of the board from 1990 until 1995. I also served on the Weber County Boundary Commission for one term.

I was the facilitator in organizing and establishing WEST HAVEN CITY – 1990. We became a city in July 1991 and I was the first Mayor serving for three years. While Mayor, I tried to get the city to agree to the sewer and secondary water but no one thought that was important and no one needed it, now, in the year 2001, it is needed and being put in the ground.

Keeping active in politics, I am currently the chairman of the WEST HAVEN SPECIAL SERVICE DISTRICT. Working with the city makes me feel like I have accomplished a great deal in my life and I enjoy what I am now doing. I am excited about every piece of pipe that is laid in the ground.

LOUISE HOLMES

Louise Holmes

I’m still Louise Holmes, having never changed my name. Following high school I attended Weber College and received an A.S. Degree. Then I attended USAC and received a B.S. Degree. After teaching school for 10 years I went back to what is now USU and received a Masters of Education Degree. After 33 years of teaching school I retired. I have spent part of my time volunteering as a tutor for children ages 6 through high school. I’m still recognized by many of my former students. They always stop for a visit. Traveling has always been fun for me. I’ve taken many tours and have met people who still remain my friends. For the past 23 years I’ve made my home at the Three Fountains Condominiums in North Ogden

JoANNE HOWE GEARY

JoAnne Howe Geary

Since graduation in 1950 my life has been pretty good. I got married in ’52 and had my first boy in ’53, another boy in ’55 and girls in ’59, ’60, and ’66. They are all grown now and in their own homes. We have 11 grandchildren, 6 girls and 5 boys. My husband and I took our children to Puerto Vallarta, Mexico in ’75. We’ve been to Catalina Island off California 4 times. We like to travel when we can to visit our daughter and her family. My husband and I, for the most part, live a very quiet life. Don, my husband, likes gardening and watching video movies. I like to cook, do puzzles and watch quiz shows and video movies, of which we have a large collection. My husband also likes to paint and sketch. Two years ago, after wearing glasses for 56 years, I had my eyes operated on and now I only need glasses for reading small print and driving. We’re going to California, San Bernardino to be exact, in April to see our youngest granddaughter get baptized. We like to travel when we can. We’ll be celebrating our 50th wedding anniversary before the Winter Olympics in 2002. It will be a family affair.

CARMA KLINKE POINDEXTER

Carma Klinke Poindexter

I married Hugh H. Poindexter in Deer Lodge, Montana. He was a rancher and truck driver. I have three daughters, Denise, Kathy; and Ellie, six grandchildren and three great-grandchildren. I have lived in Ogden, Utah; Roy, Utah; Los Angeles, California; and Bountiful, Utah. My home has been in Bountiful, Utah for the past thirty-two years. My husband and I have drove truck together and traveled every state in the U.S. except the New England States and Hawaii. God has been good to me. We are retired Snowbirds now.

DRAUCA MARSTON HOLMES

Drauca Marston Holmes

Drauca and Wayne Holmes were married in October following our graduation. Drauca worked as a secretary while Wayne attended Weber College. They moved to Logan where Wayne graduated as an electrical engineer. Drauca was an Executive Secretary for the Cache Co. Dept of Public Welfare. Wayne was commissioned into the Air Force and they lived in California and New Mexico for the next four years. Drauca was a stay-at-home Mom. They moved to Brigham City in 1959. They have four children and 14 grandchildren. Drauca worked as an Executive Secretary for Thiokol, NASA and the Air Force, performed semi-professionally for six years, graduated from Weber State University in Theater and developed the Heritage Theatre in Perry, Utah, for which she was the Executive Director for 23 years. She and Wayne retired in 1994 and have served an LDS Mission to the Family History Library in SLC.

BETTY MAY ORAM DONALDSON

Betty May Oram Donaldson

My name is Betty May Oram Donaldson. I have lived in the Honeyville and Ogden areas during my younger years. I attended the Honeyville Elementary School and the Wilson Lane School, then the Weber High and Box Elder High Schools. After school I worked as a dental assistant and then a medical assistant until retiring at 62. I married David W. Donaldson in 1953. We built a home in Plain City, Utah and have lived there for 49 years. My hobbies are cooking, working in my flower gardens, fly fishing and all other outdoor sports.

EMMA ROPELATO WALLING

Emma Ropelato Walling

After graduation I went to work for Hill Air Force Base where I met my husband Richard J. Walling. We married Aug. ’53 and I continued working until Dec. ’54 at the birth of our son Dean. Our daughter Terry arrived Jan. ’56. I was able to stay home to rear the children until ’64. Then I went to work at the I.R.S. seasonally until I retired in ’90. My husband passed away in 1972 and my son died in an auto accident in ’93. I sold my home and moved in with my aging parents to help care for them until their deaths in ’96 and ’00. I now plan to visit my family in California and will enjoy traveling to long dreamed of places and spending time with my six grandchildren.

PAUL STOKES

Paul Stokes

I married Mary Jean Miller June 1961 and we have two daughters, Julie Ann, 34 and Lisa Marie, 31. We have two grandchildren, Heather Lynn Beasley 8, and Nicholas Ryan Bronch 17 months. I graduated from Utah State University with a BS degree. I majored in education and minored in Psychology. I taught school for a total of seven years. I also was in the Air Force Reserve for seven years. We moved to Ward, Arkansas in 1965, where we owned and operated a dairy farm for 12 years, then went into the mobile home park business in Jacksonville, Arkansas, and have been renting mobile homes for the past 17 years. We are now semi-retired and have moved back to the farm in Ward. My hobbies are music, dancing and most of all watching the Arkansas Razorbacks football and basketball teams play.

LILA STONE HARWOOD

Lila Stone Harwood

I married Jack Harwood 52 years ago. One year later we had our only child, a son, Keith Harwood. He gave us 4 wonderful granddaughters. Our 3 older girls blessed us with 6 great grandchildren, 3 more girls and 2 boys. My husband retired a few years ago, but still works part time, which is nice for both of us.

GLADYS SORENSEN GIBSON

Gladys Sorensen Gibson

After graduating from Weber College with an Assoc., I married Gary Gibson in the Logan Temple. Our 4 children were born in ’54, ’56, ’58, and ’59, two girls and two boys. Our oldest daughter passed away in June, 1995. Gary traveled for HAFB fixing missile test equipment and I stayed at home with our children. In 1966 I was hired at Pioneer Elementary as librarian, so I went to school with our children. I cataloged the books and set up the library. It was on the job training. I read stories to the school children and taught library science. I worked there 15 years. I love children’s literature. In 1977 I enrolled at Weber State once again and in 1982 graduated with a BS in Elementary Education with a Library Endorsement. I was hired as a teacher at Kanesville Elementary in 1982 and taught second grade 13 years and retired in 1995. I have worked in many chruch positions the most recent being an ordinance worker in the Ogden Temple. I’ve been a member of 3 musical groups and performed as soloist and alto. Gary passed away in Oct., 2001. Now I enjoy making quilts, reading and my family. We have 3 living children, 13 grandchildren, and 2 great grandchildren. I’m trying to keep busy and enjoy life..

LOLA TAYLOR SHEFFIELD

Lola Taylor Sheffield

What Have I been doing the last 50 years? After I graduated from Ogden High School, I took the Cosmetology Course at Weber College and finished after a year. Then I worked at a salon in downtown Ogden. The money was sporadic so when another job offer came at McKesson-Robbins Wholesale Drug House, I took it.

My brother was on a mission in New York and he suggested I come back to Palmyra to see the pageant, which I did. Among the many missionaries involved in the production was one Grant Sheffield from Kaysville, who I met while at the pageant. When he returned from his mission in December he called and came to visit to ask me for a date for New Year’s Eve. We continued to date through the next few months and we were married in June. Shortly after our marriage, Grant was inducted into Uncle Sam’s Service at Fort Ord, California. Our first daughter of three, Vickie, was born while we were at Fort Ord, followed by two more girls, Debbie, and a year later, Sherrie. (Three years after Debbie.)

After Grant graduated from the School of Architecture at the University of Utah, he was hired at Thiokol in the design section. We bought a newly constructed home in Salt Lake- that was another story- commuting back and forth from Salt Lake to Brigham City. Everything went great for five or six years, then Thiokol went down the tube. We were the first wave of the unemployed.

Our neighbor had recently left Utah and went to Tempe, Arizona, and already had set up an interview for himself. So we packed up and went job hunting, hoping to have similar luck. But our trip continued on to California. Another friend we had been close to left a job in California and took a leave of absence when he went to Thiokol in Utah. He took his old job back, with Metropolitan Water District in California, as an engineer. He told us they were hiring and Grant was hired. He retired after 32 years. We bought a home in Brea, California, (Tar Town). Brea means tar in Spanish. (La Brea tar pits in Hollywood or Los Angeles County, not the same.) We lived in an old oil-producing town. Our son Jared was born ten years after our youngest daughter. It took all of us to raise him; he was one busy boy.

We have 8 grandchildren, 5 boys and 3 girls, one little great granddaughter. Most of the children and grandchildren live in Utah. The oldest and the youngest, with 6 of the grandchildren and the great grandchild, live in Utah. Our daughter Sherrie lives in Texas and we have one in California.

We have done a lot of traveling with our children. We have enjoyed traveling with our children to see aunts, uncles, cousins, who were living in Canada, and my sister and their children living in New York. We could travel the country and do lots of visiting and also Mexico was close by and fun to visit too. We continued our traveling after our children flew the nest. Also retiring gave us more time to travel the globe. We have enjoyed spending our vacations in many countries.

We have had a great 50 years and look forward to many more.

RUDELL WILLEY

Rudell Willey

Rudell married Barbara Hadley a few months after graduation on November 1, 1950. They have three children, one boy and two girls. They also have twelve grandchildren.

Rudell worked 35 years for the Southern Pacific Railroad as a brakeman-conductor traveling between Ogden and Carlin, Nevada. During those years Rudell was active in electrical contracting with a Master Electrician License. He was also involved in real estate development with a Real Estate Brokers License and a Commercial Property Managers License.

Rudell has enjoyed hunting in Alaska, Yukon Territories, Canada and the Western United States. fishing in Alaska and Mexico, flying his private airplane the past 34 years in Alaska (four times north of the Artic Circle) Mexico, Guatamala, Jamaica and the Caribbean Islands. Vern Smith accompanied him on many of these trips. Rudell is currently involved in activities in the L.D.S. Church, civic activities, The Quiet Birdmen (an international pilot organization) and Enable Industries, a handicapped facility. Rudell and Barbara now spend a lot of time traveling in their private plane and their motorhome.


In Memory of Our School Friends Who Are Gone But Not Forgotten

DOLORES HIPWELL CHARLTON

Dolores Hipwell Charlton

Dolores was married June 9, 1950 to Wayne Charlton from West Weber. They moved into a small home in West Weber. It caught fire and burned everything, wedding gifts, furniture and all. They then moved up to Wilson into a small home by her mother and dad on 2100. Later they built a nice brick home by her mother and dad. Wayne and Dolores had two children, Brent born in 1952 and LaRee born in 1954. Wayne worked at American Can and also became involved in race horses. He raised a very nice quarter horse from a colt and named her LaRee Bar and took her to Las Alemedas, California and won many races and made good money from her. A Dr. Allred helped Wayne get started in horse racing. They built another brick home on 2550 in Wilson with nice horse barns and then moved to California and raced horses. They did very well. Dolores loved Utah Noodle chow mein and ate a lot of it when they were in Ogden. They bought a ranch in California then sold it and moved to Oklahoma on a ranch. Their son Brent helped Wayne train race horses. Wayne is an expert on knowing the legs of race horses. Dolores was the bookkeeper. Late in 1992 the doctors discovered she had a cancer in her liver. Wayne had expert doctors attend to her but the cancer was too far advanced. They moved back to the house on 2550 and she died June 1, 1993 and was buried in West Weber Cemetery on June 5, 1993. Dolores and Wayne have five grandchildren.

LYNN JENSEN, 1932–1998

Lynn Jensen, military
Lynn Jensen, as a boy

Lynn Jensen served in the U.S. Army for three years. Fifteen months of which he spent in Korea, where he saw combat and was awarded the Bronze Star with V device for valor. He also was awarded the Occ. Medal, a Korean Service Medal with five bronze stars, the Presidential Unit Citation, and the Meritorious Unit Commendation. Following his military service, Lynn spent time in California and Utah. He married Betty Jo and has a stepson, Butch. He divorced and moved to Alaska, where he lived in Chugiak and Eagle River. He had been through engineer and demolition school in Fort Belvoir, Virginia. He was a self-employed mechanic and machinist until he retired in 1996. He died December 2, 1998 from a stroke and was buried in Alaska. He was a very quiet man who would help anyone in need.

ROBERT WAYNE KIRBY

Robert Wayne Kirby

Robert Wayne Kirby was born in Brunswick, Missouri in 1932. In 1941 the family moved to West Ogden. He attended Wilson Elementary and Junior High School for 9 years. He graduated from Weber High School in May of 1950. Bob worked for the Union Pacific Railroad as a fireman/engineer for a period of time. He also worked as a cabinet maker before becoming involved in the drywall trade. In about 1970 he moved with his wife to Elko, Nevada to work in the construction trades. This was a period of increased construction in the Elko, Nevada area due to the newly found gold mines in the surrounding area that brought an influx of workers. Later on Bob worked at the Commercial Hotel in Elko maintaining the gaming machines in the casino there. Bob died in an accident in 1974 in the Elko area and is buried by his parents in the Centerville, Utah Cemetery. He left behind three daughters and one son. Bob will always be remembered for his infectious smile that was always on his face and will be noted among his family, classmates and co-workers for his happy-go-lucky attitude and good-natured personality.

ARTHUR KRANENDONK

Arthur Kranendonk

Art died a very tragic death when his truck caught fire in an accident and burned. Art was married for a very short time and has one daughter. He worked for George Stratford and at the Sugar Factory. He was a very hard, steady worker.

FRANKLIN F. STANGER

Franklin F. Stanger

Served lds mission to Uruguay. Married Mada Lurae Waldron from Malad, Idaho. Father of 7 children, 3 girls and 4 boys. Employed as a salesman. Loved to fly an airplane. Passed away May 8, 1990. Lived in Weber County area all his life.

RUSSELL PACKARD

Russell Packard

When Russell was young, his dad owned the Oil Refinery in West Ogden. He was at the Ogden Rodeo when the announcer said his business was on fire. Everything was destroyed. The family moved to Astoria, Oregon. Russell went in the army and was assigned to guard duty on base in North Africa. His buddy was on guard duty. For a prank Russell kicked the guard shack. The buddy shot Russell dead without checking on who was kicking the shack.

JIM POULOS

Jim Poulos

Married a Greek girl, had one son and one daughter. He was office manager of Texaco Oil Co. in Salt Lake City until the company went out of business. He was stand offish and wanted nothing to do with his family. He was a bartender in Salt Lake City. He died about 15 years ago during open heart surgery, after having heart problems for several years.

SHELDON STAUFFER

Sheldon Stauffer

Sheldon married Colleen Bradshaw sometime between 1952 and 1953. His oldest daughter, Beverly, was born in 1954. His son Gary was born in 1957 and a daughter Shelley was born about 1960. He worked at Hill Field. He died sometime between 1975 and 1985.

MAURICE CHENEY

Maurice Cheney

No information is availabe for Maurice.

We could not find any information or the whereabouts of Vincent McEnerny or Rose Mary Ellsworth or Bill Saunders.

Vincent McEnerny
Rose Mary Ellsworth
Bill Saunders

VERN H. SMITH, August 24, 1932 – February 28, 1981

Vern Smith, young
Vern H. Smith portrait
Vern and Kay Smith

Born in Wilson Lane on August 24, 1932, grew up in Wilson on a farm, attended Wilson School for 9 years, Weber High School for 3 years, attended Weber College from 1950 to 1954, bought first farm in the spring of 1953 in Warden, Washington, served a 2 years L.D.S. Mission in the southern states, starting January 6, 1954.

Vern started farming in the spring of 1956 in Warden, Washington. Met his wife Kay Pratt in Moses Lake, Washington (14 miles from Warden) in 1956. They were married August 15, 1957 in the Salt Lake Temple.

Vern served in the L.D.S. Church as a Bishop, on the High Council, and in the Stake Presidency.

Vern and Kay had 7 children. They had two boys and five girls.

In 1968–1969 Vern was chosen “The Outstanding Young Farmer” in the state of Washington. At the time of his death he was raising beef cattle and farming approximately 1,300 acres of land.

Vern loved to travel, especially in his private plane (Piper Cherokee six) to Mexico.

On February 28, 1981, on the return trip from Mexico, his plane crashed, on Parker Mountain, just north of Escalante, Utah. All aboard, six adults, were tragically killed.

It has been said that, “The common people of the earth are the great people of the earth.” If that is true, then Vern Smith was among the greatest.


Wilson School Faculty

Wilson School Faculty

Row 1—Mrs. Stanford, Miss Shaw, Mrs. Barton, Mrs. Bouwhuis. Row 2—Mrs. Secrist, Mrs. Woodward, Mrs. Sorensen, Miss Holmes. Row 3—Principal, Wheat Taylor, Mr. Pettigrew, Mr. Rhees.


Wilson School 9th Grade Class of ’47 Directory

Directory page
NameAddressPhone
Jewel Checketts Atwell502 N. Mexico Drive, Roswell, New Mexico 88501(505) 624-1751
Gordon Belnap2338 Combe Road, Ogden, Utah 84403(801) 479-7793
Betty Mae Orem Donaldson2558 N. 4100 W., Plain City, Utah 84404(801) 731-3168
Jack Eilander1111 N. 2000 W., Ogden, Utah 84404(801) 731-2916
Nona Flitton Forsgren3703 S. 2700 W., West Haven, Utah 84067(801) 731-0123
Joanne Howe Geary2166 Polk Ave., Ogden, Utah 84401(801) 621-4152
Gladys Sorensen Gibson2294 S. 2300 N., West Haven, Utah 84401(801) 731-0590
Lila Stone Harwood2486 C. Ave., Ogden, Utah 84401—
Robert Holmes2297 W. 2550 S., West Haven, Utah 84401(801) 731-0564
Louise Holmes325 E. 2550 N., North Ogden, Utah 84414(801) 782-7753
Drauca Marsten Holmes75 N. 600 E., Brigham City, Utah 84302(435) 723-6459
Marilyn Bowman Garner7025 Sunburst Circle, Salt Lake City, Utah 84121(801) 943-8912
Carma Klinke PoindexterP.O. Box 373, Clearfield, Utah 84015—
Betty Lou Buck Schulze1111 E. 1150 S., Clearfield, Utah 84015(801) 825-8354
Lola Taylor Sheffield587 East Aspen, Brea, California 62621(714) 671-0335
Paul Stokes2205 Green Acres Road, Jacksonville, Arkansas 72076(501) 982-2232
Emma Ropelato Walling1013 E. 5285 S., Ogden, Utah 84403(801) 479-2743
Rudell Willey1028 E. Brookhaven Dr., Kaysville, Utah 84037(801) 546-8880

(Note: addresses/phone numbers as printed in the original memory book — likely out of date by now, but preserved as a record of where the class was circa 2001–2002.)

In re Juarez

Decision: In re Miguel Juarez and Heidi Lizeth Juarez, Case No. 16-40560-JDP (Bankr. D. Idaho, 28 Mar. 2017)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Counsel for Creditor Midland Funding LLC: Thomas D. Smith, Service & Spinner, Pocatello, Idaho; Ryan M. Fawcett, Skinner Fawcett LLP, Boise, Idaho
Chapter 13 Trustee: Kathleen A. McCallister, Meridian, Idaho


Background

Miguel and Heidi Lizeth Juarez filed a Chapter 13 petition on 24 June 2016. Their schedules listed a debt to Synchrony Bank, a CareCredit account ending in 5181, opened in March 2016, in the amount of $3,166, incurred to pay for dental services at Seasons Dental in Burley, Idaho. The account had been charged off in July 2016. The debt was not listed as contingent, unliquidated, or disputed.

On 5 October 2016, Midland Credit Management, Inc. filed a proof of claim as the authorized agent of Midland Funding LLC, asserting a claim of $3,166.09 acquired from Synchrony Bank on that account. The Debtors objected on 11 October 2016, arguing that the claim lacked documentation of the assignment and that Midland Credit was an improper party to collect.

Midland Funding responded by filing an amended proof of claim on 18 October 2016, adding monthly CareCredit/Synchrony Bank account statements, a bill of sale from Synchrony Bank transferring charged-off accounts to Midland Funding, and an affidavit from a Synchrony Bank documentation specialist attesting to the sale. The Debtors did not separately object to the amended claim but set the matter for an evidentiary hearing, held on 21 February 2017. Both parties filed post-hearing briefs.

Two issues were before the Court: whether a creditor affidavit submitted at the hearing should be admitted into evidence, and whether the Debtors’ objection to the amended proof of claim should be sustained.


The Schellig Affidavit

Before the hearing, Midland Funding filed an affidavit from Kelly Schellig, a bankruptcy operations manager at Midland Credit Management, Inc., describing the corporate relationship between Midland Funding and Midland Credit and Midland Credit’s authorization to service accounts on Midland Funding’s behalf. At the hearing, Midland Funding offered the affidavit into evidence. The Debtors objected on three grounds.

Hearsay. The Debtors argued the affidavit contained inadmissible hearsay. Midland Funding responded that the affidavit qualified as a business record under Federal Rule of Evidence 803(6). The Court agreed with the Debtors. Schellig was not present for cross-examination, her statements went directly to the contested facts, the connection between Synchrony and Midland Funding and between Midland Funding and Midland Credit, and Midland Funding had not shown the affidavit was prepared in the ordinary course of business rather than in response to the litigation. The business records exception did not apply.

Best Evidence Rule. The Debtors argued that Federal Rule of Evidence 1002 required production of the underlying documents, the purchase agreement and the servicing contract, rather than affidavit testimony describing them. The Court agreed. Schellig’s statements implied the existence of original records that were never produced, and the best evidence rule required either the originals or admissible duplicates, not testimony about what those documents said.

Rule 9017. The Debtors argued that Rule 9014(d) required witness testimony in contested matters to be taken in open court under Civil Rule 43(a), absent party agreement or specific authority otherwise. Midland Funding pointed to the Ninth Circuit’s decision in In re Adair, 965 F.2d 777 (9th Cir. 1992), which approved a local rule permitting direct testimony by affidavit. The Court distinguished Adair: the local rule in that case required the affiant to be available for live cross-examination, which Midland Funding did not offer here. With no agreement of the parties and no applicable rule or statute authorizing the procedure, submitting affidavit testimony without affording the Debtors an opportunity to cross-examine was impermissible.

The Court excluded the Schellig affidavit on all three grounds.


The Objection to the Amended Proof of Claim

The Debtors’ Position. The Debtors argued the amended proof of claim was not entitled to prima facie validity under Rule 3001(f) because it did not include writings required under Rules 3001(b), 3001(c)(1), and 3001(e)(1) to establish Midland Credit’s authority to file and collect on Midland Funding’s behalf. They further argued that their objection to the original claim constituted a written request under Rule 3001(c)(3)(B), and that Midland Funding’s failure to comply with that request within 30 days defeated any presumption of validity. Finally, even if the amended claim was presumptively valid, the Debtors contended that Miguel Juarez’s hearing testimony, that he had dealt only with Synchrony Bank and had no knowledge of Midland Funding or Midland Credit, was sufficient to rebut that presumption and shift the burden back to Midland Funding to prove its authority to collect.

Midland Funding’s Position. Midland Funding argued that because the claim arose from an open-end revolving consumer credit account, Rule 3001(c)(3) governed and displaced the documentation requirements of Rule 3001(c)(1). The amended proof of claim satisfied each element of the Rule 3001(c)(3)(A) statement: it identified Synchrony Bank as the entity from whom Midland Funding acquired the account, listed Synchrony Bank as the creditor at the date of the last transaction, stated the date of the last transaction as 3 July 2016, left the date of last payment blank as no payment was ever made, and identified 3 July 2016 as the charge-off date. As to rebuttal, Midland Funding argued that the Debtors’ hearing testimony, acknowledging the validity of the debt while offering only unfamiliarity with Midland as their objection, fell well short of raising a genuine factual dispute about who held the claim.

The Court’s Ruling. The Court denied the Debtors’ objection and allowed the claim.

On the documentation question, the Court held that Rule 3001(c)(3) expressly displaces Rule 3001(c)(1) for open-end and revolving consumer credit claims. No copy of any underlying writing is required. The 2012 Advisory Committee notes make this explicit: the five-element statement required by Rule 3001(c)(3)(A) is what enables a debtor to connect a proof of claim to a scheduled debt after the account has been sold, and that purpose is served without requiring assignment documentation. The amended proof of claim satisfied every element of that statement.

On the written request issue, the Court declined to treat the Debtors’ claim objection as the equivalent of a written request under Rule 3001(c)(3)(B). That provision contemplates a formal written demand made directly to the holder of the claim, not a pleading filed with the court. Other bankruptcy courts had consistently so held, and the Court agreed.

On rebuttal, the Court found that Miguel Juarez’s testimony failed to raise a genuine factual dispute about ownership of the claim. To overcome the presumption of prima facie validity, a debtor must allege that the debt is owed to someone else or is not owed at all, not merely that the debtor did not recognize the name of the entity that purchased the account after the petition was filed. Permitting that to suffice would render Rule 3001(c)(3) meaningless. The Debtors’ own schedules, identifying Synchrony Bank, the account number, and a balance of $3,166, constituted evidentiary admissions under Federal Rule of Evidence 801(d)(2) that further supported the claim’s validity. The Court noted that the Debtors’ proper avenue, had they genuinely doubted Midland Funding’s authority, was to make a formal written request under Rule 3001(c)(3)(B) for the underlying documentation; if Midland Funding had then failed to comply, that failure could have been offered as evidence to overcome the presumption. That did not happen here.


Why This Matters

1. Rule 3001(c)(3) displaces Rule 3001(c)(1) for revolving and open-end credit claims. A proof of claim for a credit card or revolving account need not attach the underlying credit agreement or assignment documentation. Compliance with the five-element statement in Rule 3001(c)(3)(A) is sufficient for prima facie validity. Objections resting solely on the absence of assignment papers will fail.

2. A claim objection is not a Rule 3001(c)(3)(B) written request. The mechanism for compelling production of underlying documentation is a formal written request made directly to the holder of the claim, not an objection filed with the court. Debtors who want the agreement must ask for it in writing. A creditor’s failure to respond within 30 days to such a request then becomes usable evidence at the objection hearing.

3. Rebutting prima facie validity requires more than unfamiliarity with the claimant. A debtor must raise a genuine factual dispute about who holds the claim, alleging the debt is owed to someone else or is not owed at all. Testimony that the debtor dealt only with the original creditor and does not recognize the debt buyer does not meet that standard.

4. Affidavits submitted in contested matters without the affiant available for cross-examination will be excluded. Rule 9014(d) requires testimony in contested matters to be taken in open court in the same manner as in an adversary proceeding. Without party agreement or specific rule authority, a creditor cannot establish contested facts through affidavit alone. In re Adair is not a refuge unless the affiant is made available for live cross-examination at the hearing.

5. The best evidence rule applies to claims about underlying documents. Where an affiant describes the contents of purchase or servicing agreements without producing them, that testimony will be excluded. The actual documents, or properly authenticated duplicates, must be in the evidentiary record.


Full Decision: Available on PACER, Case No. 16-40560-JDP, Doc. 87 (Bankr. D. Idaho 28 Mar. 2017)
Order Denying Objection: Doc. 88 (Bankr. D. Idaho 28 Mar. 2017)

In re McGuire, Part II

Decision: In re Richard Michael McGuire and Dolores Sue McGuire, Case No. 12-41681-JDP (Bankr. D. Idaho, 8 Sep. 2014)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Trustee: Gary L. Rainsdon, Twin Falls, Idaho
Trustee’s Counsel: Daniel C. Green and Brett R. Cahoon, Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, Idaho


Background

Richard and Dolores McGuire filed a Chapter 7 petition on 12 December 2012. The Trustee thereafter liquidated certain non-exempt assets, generating approximately $13,950. With funds on hand, the Trustee filed a notice of assets on 22 January 2013, advising creditors they had 90 days to file proofs of claim or receive nothing. No creditors filed timely claims.

On 3 June 2013 — 132 days after the Trustee’s notice — Utah Central Credit Union (“UCCU”) filed a tardy proof of claim. On 18 June 2013, the Debtors objected to the claim on several grounds, including that it was untimely. Although UCCU failed to respond to the Debtors’ objection at all, the Trustee filed a response on 25 June 2013 defending the claim and arguing that the Debtors’ own schedules established prima facie that the debt was owed. That same day the Trustee sought to employ Racine Olson as counsel.

Debtors’ counsel promptly raised a standing concern by email, questioning whether the Trustee had legal authority to defend a single creditor’s proof of claim. Trustee’s counsel had already begun researching the standing question before that email arrived — a fact reflected in the billing records — but pressed forward regardless.

The Debtors also discovered that UCCU had sold their collateral postpetition, on 27 December 2012, in apparent violation of the automatic stay. Rather than pursue a contempt action against UCCU for the stay violation, the Trustee entered into a stipulation with UCCU under which UCCU would pay the Trustee $10,100 (the proceeds of the postpetition sale) in exchange for an allowed unsecured claim of $44,265.32. The Trustee filed a motion to approve the compromise under Rule 9019.

At an August 2013 hearing, the Court questioned Trustee’s standing and ordered briefing. Before filing that brief, however, Trustee’s counsel entered into the stipulation with UCCU. At an October 2013 hearing, the Court ruled that the Trustee lacked standing to oppose the Debtors’ objection to UCCU’s claim, struck the Trustee’s response, sustained the Debtors’ objection, and disallowed UCCU’s claim. The Court also denied the Trustee’s motion for a Rule 2004 examination of the Debtors, finding no valid grounds for it. The Court indicated the proposed compromise appeared to be a frivolous endeavor in light of the disallowance but invited further briefing if additional grounds existed.

Trustee’s counsel filed a memorandum in support of the compromise that contained no reference to the law governing approval of compromises and did not provide the additional factual or legal basis the Court had requested. The Court denied the compromise. A second creditor, Bank of America, filed a claim in October 2013; the Debtors objected; Bank of America never responded; and the Court disallowed that claim as well. With no allowed creditor claims remaining, Trustee’s counsel filed an Application for Compensation seeking $5,430.00 from the estate funds generated by liquidation of the Debtors’ assets.

The Debtors objected to the Application and simultaneously requested an award of attorneys’ fees and costs against the Trustee and Trustee’s counsel. A hearing was held on 12 May 2014. On 23 May 2014, Trustee’s counsel withdrew the Application. The Court then ordered briefing on the Debtors’ fee request and, after receiving the parties’ submissions, issued its Memorandum of Decision on 8 September 2014.


The Debtors’ Request for Fees

The Debtors sought attorneys’ fees and costs they incurred in: (1) supplementing their objection to UCCU’s proof of claim; (2) opposing the Trustee’s motion for a Rule 2004 examination; (3) objecting to the Trustee’s motion to approve the stipulation; (4) responding to the Trustee’s memorandum in support of the stipulation; and (5) objecting to the Application for Compensation. They grounded their request in § 105(a) of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 9011.

Their core argument was that the Trustee and Trustee’s counsel had acted without statutory authority throughout the case, defending a single creditor’s claim to the detriment of the estate and the Debtors, filing a motion for a 2004 examination for the improper purpose of harassing the Debtors and rehabilitating UCCU’s deficient claim, and pursuing a stipulation that had been characterized by the Court itself as likely frivolous — all without any supporting law. Debtors argued that seeking remuneration for those activities constituted bad faith, and that the Application for Compensation was itself filed in bad faith.


The Trustee’s Response

Trustee’s counsel argued that the standing issue was a genuine, complex question of first impression on which no controlling authority existed, that the Court had itself requested briefing on it, and that the work performed in that connection was done in good faith. Counsel further contended that the stipulation with UCCU was a reasonable settlement at the time it was entered into, before the unforeseen circumstances — UCCU’s claim being disallowed, and the Debtors objecting to Bank of America’s subsequently filed claim — rendered it of no value to the estate. Counsel also noted that the U.S. Trustee’s Office had reviewed the Application and raised no objection to it. Finally, counsel argued that the Debtors’ fee request did not comply with Rule 9011’s procedural requirements and offered no legal basis for the award sought.


The Court’s Ruling

Judge Pappas denied the Debtors’ request for attorneys’ fees and costs in full.

Section 105(a). The Court acknowledged its inherent authority under § 105(a) to sanction parties and attorneys for misconduct in bankruptcy proceedings, but emphasized that this power must be exercised with restraint and may be invoked only upon an explicit finding of bad faith or willful misconduct — something more egregious than mere negligence or recklessness. While the Court found the Trustee’s conduct at times overzealous and displaying a lack of prudence and good judgment — particularly the decision to liquidate non-exempt assets and solicit creditor claims when no timely claims had been filed, and the continued pursuit of the UCCU stipulation after the claim was disallowed — it declined to conclude that those actions rose to the level of bad faith or willful misconduct. A trustee’s primary statutory duty under § 704(1) is to collect and reduce estate property to money, and the Court was not prepared to penalize the Trustee after the fact for zeal in performing that duty. The § 105(a) request was denied.

Rule 9011. Rule 9011 requires that a motion for sanctions be made separately from other motions and that the moving party provide a 21-day safe harbor notice before filing the motion with the Court. The Debtors had done neither — their fee request appeared within their objection to the Application for Compensation, not in a separate motion, and no safe harbor notice was given. Because those requirements are mandatory rather than discretionary, the Court declined to award sanctions under Rule 9011.


Why This Matters

  1. A Chapter 7 trustee’s decision to liquidate non-exempt assets is committed to the trustee’s discretion. The Court expressly declined to penalize the Trustee for liquidating assets before knowing whether any creditors would file allowed claims. Courts will generally not second-guess a trustee’s administration decisions after the fact, even when the economic reality later makes those decisions look unwise.

  2. Overzealous conduct is not the same as bad faith. Section 105(a) sanctions require an explicit finding of bad faith or willful misconduct — something more than negligence or recklessness. A trustee and counsel who press losing arguments in good faith, even arguments the court finds lacking in prudence and judgment, are unlikely to face § 105(a) sanctions.

  3. Rule 9011 procedures are mandatory, not discretionary. A party seeking sanctions under Rule 9011 must file a separate motion and provide a 21-day safe harbor notice before bringing that motion to the Court. Embedding a sanctions request inside another filing will not suffice, and courts will not overlook the procedural deficiency even when the underlying conduct is arguably sanctionable.

  4. A trustee who lacks standing to defend a creditor’s claim may still not face fee-shifting. Despite the Court having found that the Trustee lacked standing to oppose the Debtors’ objection to UCCU’s proof of claim, the Court declined to treat that lack of standing as evidence of bad faith. Counsel had genuinely researched the question, found no controlling authority, and presented it to the Court as an issue of first impression — which is precisely the kind of good-faith conduct that defeats a sanctions claim.

  5. The § 9011 safe harbor is essential to any sanctions strategy. Practitioners who believe opposing counsel is acting improperly must issue a written safe harbor notice, wait 21 days, and then — if the conduct is not corrected — file a standalone motion. The requirement is not a formality to work around by framing the request as part of a larger objection.



Full Decision: Available on PACER, Case No. 12-41681-JDP, Doc. 85 (Bankr. D. Idaho 8 Sep. 2014)

In re McGuire, Part I

Decision: In re Richard Michael McGuire and Dolores Sue McGuire, Case No. 12-41681-JDP (Bankr. D. Idaho, 4 Oct. 2013)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Chapter 7 Trustee: Gary L. Rainsdon, Twin Falls, Idaho
Trustee’s Counsel: Brett R. Cahoon and Daniel C. Green, Racine, Olson, Nye, Budge & Bailey, Chtd., Pocatello, Idaho

Background

Richard and Dolores McGuire filed a Chapter 7 petition on 12 December 2012. Their schedules listed two vehicle deficiency debts: $24,265 to Chartway Federal Credit Union and $48,363 to Utah Central Credit Union, the latter being a division of Chartway. At the time of filing, the Debtors believed the collateral — a 2005 McKenzie Medallion trailer repossessed by Utah Central on 21 September 2012 — had long since been sold. In January 2013, having liquidated non-exempt assets of the estate (principally cash value from the Debtors’ life insurance policies), the Trustee filed a Notice of Assets directing creditors to file proofs of claim by 22 April 2013. The estate held approximately $13,951.

Utah Central filed its proof of claim on 3 June 2013 — forty-two days after the claims bar date — asserting a deficiency of $34,165.32 and attaching only an account printout to the filing. It was the only proof of claim filed in the case. When the Debtors received the claim documents, they discovered for the first time that Utah Central’s auction yard had sold the trailer on 27 December 2012 — eleven days after the Bankruptcy Noticing Center had mailed Utah Central and Chartway notice of the bankruptcy filing, and fifteen days after the automatic stay had taken effect.

The Debtors’ Objection

Debtors filed an objection to Utah Central’s proof of claim on 18 June 2013, raising three grounds for disallowance. First, the claim was tardily filed in violation of Federal Rule of Bankruptcy Procedure (“FRBP”) 3002(c), which stripped it of prima facie validity under FRBP 3001(f) and the analysis in In re Parrott Broadcasting Ltd. Partnership, 492 B.R. 35 (Bankr. D. Idaho 2013). Second, the claim lacked the written loan documents, security agreement, and UCC disposition notices required by FRBP 3001(c), further defeating any presumption of validity. Third, and most significantly, Utah Central had sold the collateral in violation of the automatic stay — an act that was void under In re Schwartz, 954 F.2d 569 (9th Cir. 1992) — and had done so without providing the Debtors with the notice of disposition required under Idaho Code § 28-9-611, rendering the sale commercially unreasonable and precluding any deficiency claim under Idaho Code § 28-9-626.

On that last point, Debtors relied on the presumption codified in Idaho Code § 28-9-626(c)–(d): where a secured creditor cannot establish that its disposition of collateral was commercially reasonable, the value of the collateral is presumed to equal the outstanding debt, eliminating the deficiency. In re Walter B. Scott & Sons, Inc., 436 B.R. 582 (Bankr. D. Idaho 2010). Because Utah Central’s sale was both void as a stay violation and deficient for lack of notice to the Debtors, the deficiency claim was unenforceable under § 502(b)(1) as a matter of applicable Idaho law. Debtors amended Schedules B, C, and F to reflect the claim as disputed and unliquidated in light of the post-petition sale.

The Trustee’s Response and the Standing Dispute

Utah Central filed no response to the Debtors’ objection. The Trustee, however, filed his own response on 25 June 2013, arguing that the claim should be allowed as a tardy general unsecured claim under § 726(a)(3) and that the Debtors were judicially estopped from contesting a debt they had sworn to in their schedules.

The Trustee also moved for a Rule 2004 examination of the Debtors, seeking testimony and documents to rehabilitate the claim. Debtors objected to both the Trustee’s response and the 2004 motion, filing a detailed Supplement on 22 August 2013 raising the Trustee’s lack of standing to defend a creditor’s proof of claim. At the 27 August 2013 hearing, Judge Pappas questioned the Trustee’s counsel directly from the bench: whether the Trustee had any legal authority to step into a creditor’s shoes and defend its proof of claim over the Debtors’ objection when the creditor itself had declined to respond. Unable to identify a statute or case squarely on point, Trustee’s counsel conceded that if other creditors were in the case, the Trustee would likely not be taking the same position. The Court ordered supplemental briefing on the standing issue.

Before briefing was complete, the Trustee negotiated a stipulation with Utah Central by which Utah Central agreed to turn over the $10,100 in post-petition sale proceeds to the Trustee in exchange for allowance of an increased unsecured claim of $44,265.32 — the original deficiency plus the proceeds returned. The Trustee moved to approve the compromise under Rule 9019, arguing the standing issue was now moot. The Trustee further argued that his expectation of a § 326 commission gave him a constitutionally protected property interest sufficient to confer standing, and that his authority under § 501(c) to file claims on a creditor’s behalf provided an analogous basis to defend them.

Debtors objected to both the standing argument and the proposed compromise. On standing, Debtors invoked Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416 (1972), and its three-factor framework — lack of statutory authority, absence of a derivative estate right, and inconsistency with the creditor’s own interests — as well as Williams v. California 1st Bank, 859 F.2d 664 (9th Cir. 1988), and In re Folks, 211 B.R. 378 (B.A.P. 9th Cir. 1997), for the proposition that a trustee may not assert particularized creditor rights. On the compromise, Debtors argued that retroactive annulment of the stay was improper under In re Schwartz and In re Franck, 171 B.R. 893 (Bankr. D. Idaho 1994), that the Trustee lacked standing to seek stay relief belonging to Utah Central, and that even with annulment the claim remained independently defective on timeliness, documentation, and UCC notice grounds.

The Court’s Ruling

Judge Pappas issued an oral ruling on 4 October 2013, describing the case as “truly an extraordinary” one that “borders on the bizarre when it comes to the bankruptcy world.” The ruling resolved all pending matters against the Trustee.

On mootness. The Court rejected the Trustee’s argument that the stipulation mooted the standing dispute. Citing Powell v. McCormack, 395 U.S. 486 (1969), the Court found the Debtors retained a live, legally cognizable pecuniary interest in the outcome of their objection — specifically, the potential for a surplus return of the estate funds to them — that the contingent, unapproved stipulation did not extinguish.

On the Debtors’ standing. The Court confirmed that Debtors had standing to object. While Chapter 7 debtors ordinarily lack standing to contest creditor claims because they have no pecuniary interest in the outcome, the potential surplus here gave the Debtors a direct money interest, satisfying the requirements identified in In re Lona, 393 B.R. 1 (Bankr. N.D. Cal. 2008), and the Ninth Circuit’s analysis in Menick v. Hoffman, 205 F.2d 365 (9th Cir. 1953).

On the Trustee’s standing. The Court held the Trustee lacked both constitutional and prudential standing to defend Utah Central’s claim. The Trustee failed to establish injury in fact, as his expectation of a § 326 commission was an unvested property interest not protected by the Fifth Amendment under Board of Regents v. Roth, 408 U.S. 564 (1972). More fundamentally, the Trustee was asserting the individual rights of a creditor — not a right of the bankruptcy estate — in violation of the prudential standing requirement that a litigant assert only its own legal rights. In re Veal, 450 B.R. 897 (B.A.P. 9th Cir. 2011). The Court drew on the U.S. Trustee’s Handbook and its own decision in In re Wisdom, 478 B.R. 394 (Bankr. D. Idaho 2012), for the principle that a Chapter 7 trustee is a fiduciary for all estate beneficiaries — creditors and debtors alike — and may not advocate for a single creditor contrary to the debtors’ interests solely to generate a commission. The Court also followed In re Lyon, a 2011 Western District of North Carolina decision questioning a trustee’s standing to rehabilitate nonresponsive creditors’ claims, and In re Padget, 119 B.R. 793 (D. Colo. 1990), for the proposition that a trustee has no duty to protect creditors against the consequences of filing late or insufficient claims. Section 501(c), the Court held, was simply inapplicable: it permits a trustee to file a claim when a creditor does not, but Utah Central had filed its own claim, making the statute’s conditions inapplicable and its rationale impossible to extend by analogy. The Trustee’s response was stricken.

On the merits of the objection. With the Trustee’s response stricken and the creditor having filed none of its own, the Court turned to the merits. The claim was denied on two independent grounds. First, the post-petition sale of the collateral was void as a violation of the automatic stay. Because § 502(b)(1) disallows claims that are unenforceable under applicable law, and because a void sale cannot support a deficiency, the claim failed at the threshold. Second, Utah Central bore the burden under Idaho Code § 28-9-626 to demonstrate a commercially reasonable disposition, and it had supplied no proof — no loan documents, no security agreement, no UCC disposition notices — that its sale met that standard. The § 28-9-626 presumption therefore applied: the collateral was deemed worth the full amount of the debt, leaving nothing to support a deficiency.

On the Rule 2004 motion. Because the Trustee’s stated purpose for the examination was to gather evidence in support of Utah Central’s claim, and the claim had been disallowed, the motion lacked any valid basis. It was denied.

On the compromise. With the claim disallowed, the Court found the proposed arrangement — recovering $10,100 from Utah Central, taking a commission, and immediately distributing the proceeds back to that same creditor on an allowed claim — would generate no benefit for any party other than the Trustee. The Trustee was given seven days to either withdraw the motion or provide additional briefing showing good cause for approval; he subsequently filed additional briefing, which the Debtors opposed, and a final Order Denying the Motion to Approve Compromise was entered on 7 January 2014.

Why This Matters

  1. A Chapter 7 trustee lacks standing to defend a creditor’s proof of claim against a debtor’s objection. No statutory provision — not § 501(c), not § 704(a)(5), not FRBP 3007 — confers authority on a trustee to rehabilitate a creditor’s claim. The trustee’s duty runs to the estate as a whole, not to individual creditors. Defending a particular creditor’s claim is the mirror image of the trustee’s actual duty under § 704(a)(5): to examine claims and object to those that are improper.
  2. A trustee’s expectation of a § 326 commission is not a constitutionally protected property interest. An unvested expectation of future compensation does not satisfy the injury-in-fact requirement for constitutional standing and is not property protected by the Fifth Amendment. A trustee who accepts an appointment accepts the risk that distributions — and commissions — may be zero.
  3. A sale of collateral in violation of the automatic stay is void and cannot support a deficiency claim. Under In re Schwartz and its progeny, post-petition collection actions taken without stay relief are void ab initio. A deficiency claim premised on a void disposition is unenforceable under § 502(b)(1) and applicable state law regardless of whether the creditor received notice of the bankruptcy.
  4. Failure to provide UCC disposition notice to the debtor bars a deficiency claim. Idaho Code § 28-9-611 requires the creditor to send the debtor reasonable authenticated notification before disposing of collateral. Where the Debtors received no such notice and no post-default waiver existed, the § 28-9-626 presumption applied — the collateral was deemed worth the full outstanding debt — and the deficiency was eliminated.
  5. A tardily filed proof of claim lacking required documentation is not entitled to prima facie validity. FRBP 3001(f) affords prima facie effect only to claims filed in accordance with the applicable rules. A claim filed after the bar date and without the writings required by FRBP 3001(c) carries no presumption of validity, shifting the full burden to the claimant — a burden a nonresponsive creditor cannot meet.
  6. Debtors in a surplus estate have standing to object to creditor claims. Where disallowance of a claim would produce a surplus returned to the debtors, the debtors have a direct pecuniary interest sufficient to confer standing as parties in interest. Practitioners with asset Chapter 7 cases should evaluate whether surplus potential gives clients this otherwise-unavailable right.
  7. A Rule 9019 compromise that generates no net benefit to the estate should not be approved. A compromise that recovers funds from a creditor only to pay a trustee commission and distribute the remainder back to that same creditor on an allowed claim fails the In re A & C Properties, 784 F.2d 1377 (9th Cir. 1986), requirement that a compromise be fair and equitable and serve the paramount interest of creditors.

Full Decision: Oral ruling transcribed, Case No. 12-41681-JDP (Bankr. D. Idaho 4 Oct. 2013); Order Re Pending Matters, Doc. 57 (4 Oct. 2013); Order Denying Trustee’s Motion to Approve Compromise Under Rule 9019, Doc. 73 (7 Jan. 2014)

German Immigrants Faced Rough Winters

This is a story that ran in the Idaho State Journal 7 April 2013.

    Editor’s note: The information for this story comes from an account of pioneer life written by Marlene Christensen, granddaughter of Charles Nuffer, in 1949.

Charles August Nuffer

    In the late 1800s, the line between Northern Utah and Southeast Idaho was pretty blurred, but the hardships endured by pioneers knew no state lines.

    One of the many immigrants who settled in this harsh frontier was Charles August Nuffer, who came to Logan, Utah, with his German parents in 1880. The family eventually settled in Worm Creek near Preston.

    His granddaughter, Marlene Christensen, pieced together diary and verbal accounts of the Nuffer family’s struggles to survive. It paints a story as seen through the young eyes of Charles Nuffer.

    “After three weeks, we found a little old log house with one room and dirt roof and plenty of bed bugs to keep us company,” Nuffer recalled. “It was on a vacant lot on the street going to the college just east of the canal.”

    The log house with the dirt roof was traded for a home belonging to Jacob Engle within a month, but Nuffer’s father struggled to find work.

     “Father would go out wherever he could get some work,” Nuffer said. “He worked on the threshing machines, and I went with him to help, and he got a bushel of wheat a day. Grandma Spring, Regine and I went out in the north field to glean wheat, we would cut the head off and put them in a sack. Father threshed them out with the flail and it made about 16 bushels.” Nuffer said the effort fed the family, and his brothers, John and Fred, earned money to pay the rent.

    There were other chores to attend to as well.

     “We had to get the wood from the hills nearby,” Nuffer said. “They have brought a team and an old wagon so we went to get some wood. Father told me to drive, as I drove out the gate and over a little ditch, the tongue dropped down and the reach came up and the team ran away. I fell under the horse’s feet and received a broken shoulder, and the horses ran around the block and back in the gate.”

    Nuffer was 10 years old when this happened.

    The next order of business for the young German American was to master the language.

    “I went to school a few month during the winters of 1881 and 1882 and learned to speak English,” Nuffer said. “We lived in Providence from June 1880 until October 1883. So from here we went to Idaho, the place the Lord has chosen for us to build our future home.”

    It would take herculean effort and stout horses to pull the family’s belongings to Worm Creek. Paradise didn’t await the Nuffer family.

    “On arriving at Worm Creek (Preston), we found a place with a house on it, a log house about 14 by 16 feet, all one room, with dirt roof, no fence around it and no plowed land, and when it rained the mud would run down the walls, and we had to set pans on the bed to catch the rain,” Nuffer said.

    Winter brought even bigger challenges. Nuffer talked about a trip to retrieve straw purchased from farmers in Richmond and Smithfield, Utah.

    “The snow was so deep Regine and I filled some big sacks we had brought from the Old Country with straw and tied on the hand sled and pulled it over the crested snow for home,” Nuffer said. “The Miles’ were the only family that were living on the creek besides us on what is now known as the Webster Ranch, and we lived on what is now known as the Fred Wanner Place. The Miles family ran out of feed for their cattle in March and they shoveled a path over the south side of the hills where the wind and sun had taken snow off the grass that had started to grow, and when they drove the cattle thought the path you could not see them because the snow was so deep.”

    That was the long winter of 1884.

    Undeterred by winter, the family then moved to Cub River and started building a new log home. Lumber was in short supply.

    “They had lumber at the sawmill but they would not sell us any for wheat, and the store in Franklin did not pay cash for it,” Nuffer said. “Father had already laid some lings down to put in the floor on so we just had to step over them all winter, but maybe it was a good thing as we got the warmth from the earth as we only had a lumber roof over us 14 feet to the top and just a four-hole cook stove to warm the house and wood to burn, and it was not at all dry.”

    The hardships didn’t deter the family’s faith.

    “Still we were happy and thanked the Lord for what we had,” Nuffer shared. “Mother would read a chapter from the Bible. We would have prayer and go to bed.”

    By Christmas, things grew tougher.

    “On Christmas Day 1884, Father sent me over to John’s after 25 pounds of flour,” Nuffer said. “The snow was up to my knees. After that flour was gone we had to grind the wheat in the coffee mill as no one went to the store any more that winter until Father and I each carried a basket of eggs to the store in Franklin on March 2 over 2 feet of frozen snow to buy some groceries. We could not buy much as we had no money.”

    To help make ends meet, Nuffer’s mother baked sugar beets in the oven and ground them up to make a sweet sugary substance to put on the family’s “bread and mush.”

    The final leg of the winter provided even more trials for the emigrant family.

    “Finally the cow went dry so we had no milk for some time and no sugar, but we got thought the winter without any sickness,” Nuffer said. “But we thanked the Heavenly Father for what we had.”

150th Territorial Series

To commemorate the 150th anniversary of Idaho becoming a territory, the Journal will continue historical stories about life in the early frontier each Sunday. A special event will be held July 4 at the Fort Hall Replica in Pocatello to mark its 50th anniversary with additional sesquicentennial recognition.

In re Cantu

Decision: In re Rebecca Cherie Cantu and Alejandro Cantu, Case No. 14-40254-JDP (Bankr. D. Idaho, 26 Aug. 2014)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Chapter 7 Trustee: Gary L. Rainsdon, Twin Falls, Idaho
Trustee’s Counsel: Brett R. Cahoon and Daniel C. Green, Racine, Olsen, Nye, Budge & Bailey, Chtd., Pocatello, Idaho


Background

Rebecca and Alejandro Cantu filed a Chapter 7 bankruptcy petition on 20 March 2014. In the months leading up to their filing, two creditors — NCO Financial and Bonneville Billing and Collections — had been garnishing their wages pursuant to state court judgments. NCO, collecting on student loans, garnished 15% of Ms. Cantu’s wages each pay period under federal law. Bonneville garnished an additional 10% under state law. Idaho only allows a maximum of 25% to be garnished from an individual’s wages. Over the 90-day preference period preceding the petition date, the two creditors combined had garnished a total of $1,536.93 from the Debtors’ paychecks.

On their amended Schedule B, Debtors listed the garnished funds as personal property and claimed $1,500 of that amount exempt under Idaho Code § 11-605(12) — a wage exemption statute enacted by the Idaho Legislature in 2010, and one that, as Judge Pappas noted, had never been interpreted by any court.


The Trustee’s Objections

The Chapter 7 Trustee filed two objections in sequence. The first, argued simply that the garnished funds were not “disposable earnings receivable” because they had already been paid to the creditors prior to the bankruptcy filing. When the Debtors amended their Schedule C to increase the claimed exemption from $1,086.53 to the statutory maximum of $1,500, the Trustee withdrew the first objection and filed a more detailed second objection through retained counsel.

The second objection raised two grounds. First, the Trustee argued the garnished funds were avoidable preferences under 11 U.S.C. § 547(b) — transfers made within 90 days of filing to specific creditors on account of antecedent debt — and that the Debtors were therefore barred from exempting them under § 522(g), which limits a debtor’s ability to exempt property recovered by the trustee to situations where the debtor could have exempted the property absent the transfer. Second, the Trustee contended that because the Debtors had received a benefit from the garnishments — reduction of their judgment debts — the funds had effectively been “paid” to them, and thus did not qualify as unpaid wages under Idaho Code § 11-605(12).


The Debtors’ Responses

This firm filed two responses on behalf of the Debtors, tracking the Trustee’s evolving objections.

On the statutory interpretation question, Debtors argued that Idaho Code § 11-605(12) means exactly what it says: the exemption applies to earnings that “have been earned but have not been paid to the individual.” The garnished funds were unquestionably earned by Ms. Cantu through her personal services, and they were never paid to her — they were diverted directly to her creditors via the sheriff. The statute does not require that funds be “receivable,” nor does it specify where the funds must be held. The Trustee’s position that the funds were “effectively paid” to the Debtors because they reduced outstanding debts stretched the statutory language beyond its plain meaning.

On the § 522(g) issue, Debtors argued that the garnishments were not voluntary transfers — they were compelled by court order — and that the funds had not been concealed, as they were fully disclosed on Schedule B and the Statement of Financial Affairs. Because the property could have been exempted under Idaho Code § 11-605(12) had it remained with the employer and not yet been paid, the Debtors were entitled to claim the exemption on any funds recovered by the Trustee under § 522(h).


The Court’s Ruling

Judge Pappas ruled in favor of the Trustee and sustained the objection, disallowing the exemption. The Court’s analysis turned entirely on the meaning of the phrase “have not been paid to the individual” in Idaho Code § 11-605(12).

The Court acknowledged that the statute had never been interpreted by any court since its enactment in 2010, and that the phrase “paid to the individual” was arguably ambiguous. However, the Court concluded that reading the statute in context — as required under Idaho rules of statutory construction — compelled the conclusion that the garnished wages had been paid.

The Court’s reasoning proceeded on several fronts:

From the employer’s perspective, the wages were indisputably paid. The employer transferred the full amount owed to Debtors — some directly to them, and the garnished portion to the sheriff on their account — satisfying its payroll obligation in full.

From the Debtors’ own perspective, the Court found the wages had likewise been paid. The garnished sums reduced the Debtors’ outstanding judgment debts, conferring a direct financial benefit. To hold otherwise, the Court noted, would potentially require employers to pay the garnished amounts twice — once to the sheriff, and again to the debtor following a successful exemption claim — a result the Idaho Legislature could not have intended.

The Court also rejected the Debtors’ reading as internally inconsistent with Idaho’s garnishment statutes. Idaho Code § 8-509(b) expressly directs an employer-garnishee to “pay” the earned wages to the sheriff for the creditor’s benefit. Treating those same wages as simultaneously “paid” for garnishment purposes and “unpaid” for exemption purposes would create an irreconcilable conflict between the two statutes. As the Court observed, while exemption statutes are to be construed liberally in favor of debtors, statutory language should not be “tortured” in the name of liberal construction.

Because it resolved the case on the § 11-605(12) issue, the Court declined to reach the Trustee’s alternative argument under § 522(g).


Why This Matters

1. A case of first impression on Idaho Code § 11-605(12). The Court explicitly noted that no prior case had interpreted this 2010 wage exemption statute. This decision remains the leading — and only — authority on its meaning and scope. Idaho practitioners advising debtors on wage garnishment situations should be aware of its limitations.

2. “Paid to the individual” means paid on the individual’s account, not just into their hands. The Court’s construction of the statute is broad: wages diverted to a creditor through garnishment are treated as paid for exemption purposes, even though the debtor never personally received them. Debtors who suffer pre-petition garnishments cannot use § 11-605(12) to recapture those funds in bankruptcy.

3. The interplay between § 547 preferences and § 522(g) exemptions is complex. Where a trustee seeks to avoid a pre-petition garnishment as a preference, the debtor’s ability to claim an exemption in the recovered funds depends on whether the property could have been exempted in the first instance. This case illustrates how critical it is to identify viable exemption authority before asserting the right to avoid a transfer under § 522(h).

4. Debtors should assert wage exemptions in state court before filing. The Court noted, in a footnote, that Idaho Code § 8-519 permitted the Debtors to have raised an exemption claim in state court at the time of the garnishment. No such claim was made. Practitioners should advise clients facing wage garnishment to promptly evaluate available exemptions under state law — before funds leave the employer’s hands.

5. Liberal construction has limits. Idaho courts construe exemption statutes in favor of debtors, but that principle does not authorize courts to rewrite statutory language. Where plain meaning and statutory context point clearly in one direction, liberal construction will not overcome them.


Full Decision: Available on PACER, Case No. 14-40254-JDP, Doc. 51 (Bankr. D. Idaho 26 Aug. 2014)

Preston England Dedication Handkerchief

Preston England Temple Dedication Handkerchief

On 5 April 2020, I had to go digging to find my Hosanna Shout Handkerchief. It was the 200th Anniversary of the First Vision of Joseph Smith Jr. and President Russell M. Nelson had indicated we would be having a Hosanna Shout the day before to honor and celebrate. At some point on that day I snapped this picture of my handkerchief.

This handkerchief was given to me in Runcorn, England by John and Rose Byrom. It had been used in the Hosanna Shout for the Preston England Temple Dedication. I do not know who it belonged to or why it was being given to some missionary from Idaho, but I gladly accepted it. I got to use it for the first time on 8 October 2000 in the Manchester England Stake Center for the dedication of the Conference Center in Salt Lake City, Utah. Several days later I recall my companion, Elder Gheorghe Simion, telling me that during the night he heard me muttering the Hosanna Shout in my sleep. Later, again, we were in the car and he told me I should stop saying the Hosanna Shout under my breath. I had not realized I was doing it. But I do catch myself once and a while repeating its words to myself on particular occasions. It is deeply entrenched in my soul.

As I sat thinking about this handkerchief in 2020, I was thinking about all the occasions on which I have had the privilege of using it since then. For a record, I thought I better list the dates this handkerchief was used for a Hosanna Shout. I have updated it even for additional uses since 2020, particularly in dedicating our own Burley Idaho Temple.

Preston England Temple – 7-10 June 1998 – Preston England Temple, Chorley, England. I did not use it, someone else did.

Conference Center – 8 October 2000 – Manchester Stake Center, Altrincham, England.

Winter Quarters Nebraska Temple – 22 April 2001 – Branson Chapel, Branson, Missouri.

Nauvoo Illinois Temple – 27 June 2002 – Branson Chapel, Branson, Missouri.

Boise Idaho Temple – 18 November 2012 – Paul Idaho Stake Center – Paul, Idaho.

Provo City Utah Temple – 20 March 2016 – Kaysville Utah South Stake Center, Kaysville, Utah.

Idaho Falls Idaho Temple – 4 June 2017 – Burley West Idaho Stake Center, Burley, Idaho.

Meridian Idaho Temple – 19 November 2017 – Burley West Idaho Stake Center, Burley, Idaho.

Palm Sunday – 5 April 2020 – Ross Home, 819 Fairmont Street, Burley, Idaho.

Pocatello Idaho Temple – 7 November 2021 – American Falls Idaho Stake Center, American Falls, Idaho.

Layton Utah Temple – 16 June 2024 – Kaysville Columbia Heights, Kaysville 11th, and Spencer Wards Building, Kaysville, Utah.

Burley Idaho Temple – 11 January 2026 – Burley Idaho Central Stake Center, Burley, Idaho.

Deseret Peak Temple

A year ago we attended the open house for the Deseret Peak Utah Temple in Tooele, Utah. I thought I would share some pictures from that open house.

Aliza Ross, Jill Hemsley, Lillie Ross, Shanna Thompson, James Ross, Bryan Hemsley, and Hiram Ross

Deseret Peak is the same design as the Orem Utah Temple and Pocatello Idaho Temple, just different finishing work. I understand that similar designs reduce costs and expenses in the engineering and design, plus it works out the kinks of prior construction.

Deseret Peak Utah Temple
Amanda Ross, Paul Ross, Aliza Ross, Jill Hemsley, Lillie Ross, James Ross, Shanna Thompson, Bryan Hemsley, and Hiram Ross
Paul Ross, James Ross, Amanda Ross, Hiram Ross, Aliza Ross, Jill Hemsley, Lillie Ross, Bryan Hemsley, and Shanna Thompson