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J. Bart Green

Green & Green Law Firm
Idaho
Bankruptcy LawEstate & Trust Law
870 N Linder Rd, Meridian, Idaho 83642

J. Bart Green

Green & Green Law Firm
Idaho
Bankruptcy LawEstate & Trust Law
870 N Linder Rd, Meridian, Idaho 83642
(208) 898-9978
bartgreen@cableone.net
green-green-law.com
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Bio

Awards, Speaking Presentations & Education

In 2017 Mr. Green received the “Professionalism Award” from the Commercial Law & Bankruptcy Section of the Idaho State Bar.

Mr. Green has a “Notable” -- “Very High Rating in Both Legal Ability & Ethical Standards” from Martindale-Hubbell -- a peer review rating from other lawyers.

In 2014 Mr. Green received an award from the National Academy for Bankruptcy Attorneys recognizing him as “one of the ten best” bankruptcy attorneys in the state of Idaho.

Mr. Green has been a presenter at several bankruptcy seminars in Oregon, and has previously presented for the Idaho State Bar Annual Bankruptcy Seminar. He is a member of the Idaho State Bar and Oregon State Bar.

Education: Juris Doctor, 1987, Northwestern School of Law, Lewis & Clark College, Portland, Oregon; Bachelor of Science 1982, Double Major in English (Emphasis on American Literature) & Economics, Willamette University, Salem, Oregon.

Law Practice Experience

Green & Green Law Firm, Meridian, ID – December, 1997 to present, since starting his own practice in 1997, Mr. Green has focused his practice primarily in two areas. His practice focuses on representing people struggling with the debt and who need to file for protection from creditors under the U.S. Bankruptcy Code. His practice also focuses on estate planning, wills, trusts and probate work.

Givens, Pursley & Huntley, LLP, Boise, ID – January, 1995 to December, 1997, Mr. Green engaged in private practice, primarily focused on civil litigation involving, product liability, wrongful death, class actions, age, race and sex discrimination in the work place, and litigation under the Americans With Disabilities Act. Most of the litigation was in U.S. District Court.
While at Givens, Pursley, Mr. Green worked closely with former Idaho State Supreme Court Justice Robert C. Huntley in litigation. He also worked with Mr. Steve Olsen, who is now working at the Idaho Attorney General’s office. Mr. Huntley and Mr. Green prosecuted a number of rather significant cases together.
In the case of Prince v. Gordon Trucking Inc., U.S. Dist. Ct. Idaho, Case No. CV. 96-0041- S- BLW, Mr. Huntley and Mr. Green obtained a $1.5 million jury verdict in a wrongful death case. Mr. Green was involved in all phases of the case: drafting the complaint, discovery, flying to Seattle with Mr. Walt Bithell and Mr. Newal Sqyres of Holland & Hart and deposing key Gordon Trucking employees, selecting expert witness, subpoenaing business records from Qualcomm, in San Diego, which showed the movement and dispatching of the driver by Gordon Trucking’s dispatcher, selection of jury instructions, briefing and verdict form. This case involved two young men who bid their families in Nampa goodbye, and setoff to drive to Moscow to begin their freshman year at University of Idaho. They were killed when a driver for Gordon Trucking fell asleep at the wheel due to driver fatigue because he had been driving more hours than were allowed under federal regulations governing hours of service for commercial drivers. Gordon Trucking had been illegally dispatching the driver in violation of the hours of service regulations. Having worked in the trucking industry Mr. Green helped develop the theory of the case. This case was written about in the Idaho Statesman, an article entitled, “Trucking companies get a wake-up call,” by Ellie Rogers, It was also written about in the Law Reporter for the Association of the Trial Lawyers of America, Vol. 49, No. 9, p.327 November, 1997, entitled “Automobile Accidents: Falsification of truck logs.”
While at Givens, Pursley, Mr. Green also worked with Mr. Huntley, Judy Holcomb and Gary Allen on the case of Ko, et al. v. Zilog, Inc., U.S. Dist. Ct. Idaho, Case No. CV 94–123-S-MHW. In this case Zilog was sued under the Americans With Disabilities Act. The plaintiffs were a group of employees who alleged that they had developed a number of disabilities, such as multiple chemical sensitivity, reactive airway disease and other pulmonary problems, that they had requested “reasonable accommodations” from Zilog, that allegedly accommodations had been refused, and then they had allegedly been retaliated against by their employer. The case involved a week long mediation with a mediator from Seattle. That did not result in a settlement. A jury trial was set to begin the following Monday before the Honorable Mikel H. Williams, and then a settlement was reached the Sunday afternoon before the trial was set to begin. The terms of the settlement were confidential. One of the plaintiffs apparently decided to breach the confidentiality agreement and went to the Boise Weekly, which published a story about the case. The Idaho Statesman then published a story about it. Then USA Today published a three page story about the case on Tuesday, January 13, 1998, Sec. B, pp 1A, 1B & 3B. Mr. Green had nothing to do with the leak. The defendant and it’s counsel were able to identify the plaintiff who breached the confidentiality agreement. Mr. Green was contacted three times by producers with ABC News, 20-20 investigative television news show wanting him to go on national television and talk about the case. Mr. Green told them that as an officer of the court he was bound by the terms of the confidentiality agreement and would not discuss the specific facts or details of the case with them, nor would he go on national television to discuss the case.
While at Givens, Pursley, Mr. Green also assisted Mr. Huntley in Mock, et al v. Baxter Healthcare Corp, MDL Docket #1060, Civil No. CV 94-0524-S-LMB, which was certified as a national class action and consolidated with other plaintiff’s case, and then was decertified and treated as a complex multi-district litigation case, wherein discovery was consolidated, but plaintiffs would have their own trials. The case involved an allegation that intraveneous immunoglobulin (“IVIG”) has been produced that was allegedly tainted with Hepatitis C, and the plaintiffs to whom the IVIG had been prescribed and administered contracted Hepatitis C as a consequence. A number of the plaintiff’s cases settled for confidential amounts. Mr. Green continued to work on this case even after he had left Givens, Pursley and had set up his own practice. The litigation involved travel to Dallas, Texas, Los Angeles and San Francisco at various points in the case. Mr. Huntley and Mr. Green traveled to San Francisco to do mediation with JAMS, and successfully settled a number of their clients’ cases.
Mr. Green also worked with Mr. Huntley on a national class action, in which Mr. Huntley was on the national steering committee, involving a group of people who were hemophiliacs and who were allegedly infected with HIV from tainted blood-clotting factors produced by major pharmaceutical companies. This litigation took Mr. Green to Los Angeles where he supervised the review of large volumes of documents that had been produced by one of the pharmaceutical companies as a part of the litigation discovery process. He also assisted Mr. Huntley and Mr. Olsen on several employment discrimination cases. Mr. Huntley, Mr. Patrick Miller and Mr. Green also worked on a criminal case where their firm had been hired by the F.B.I. to serve as local counsel, working with a criminal defense firm out of Washington D.C. in representing Special Agent Lon Horiuchi, the sniper on the F.B.I. Hostage Rescue Team, who allegedly shot and killed Vicki Weaver during the Ruby Ridge incident.

Weiss, Jensen, Ellis & Howard, Portland, OR – January, 1992 to December, 1994, Mr. Green engaged in private practice, primarily focused on civil, commercial and bankruptcy litigation, both in the state courts of Oregon and Washington and in U.S. Bankruptcy Court. While at Weiss, Jensen he worked primarily with Ms. Catherine S. Travis, in representing First Interstate Bank of Oregon and West One Bank of Oregon as outside counsel in U.S. Bankruptcy Court in Chapter 11 business reorganizations, representing the rights of the banks, who were usually major lenders to the businesses involved. In one significant case, In re XTI Xonics Technologies, Inc.; Edward C. Hostmann v. First Interstate Bank of Oregon, et al, Case No. 391-36468-S7, Adversary Proceeding No. 91-3163, Mr. Hostmann, the Chapter 7 trustee, was suing the bank under a theory of recovery known as the Deprizio Doctrine. U.S. Bankruptcy Judge Poly Higdon ruled in favor of the bank, and her reported decision is found at In re XTI Xonix Technologies, Inc, 156 B.R. 821 (Bkrtcy D. Or. 1993).
While at Weiss, Jensen, Mr. Green also assisted Mr. Rich Botteri and Mr. Vincent Salvi in a major lawsuit involving the sale of boat docks and houseboat moorages located at Jantzen Beach Moorage on Hayden Island, which sits in the middle of the Columbia River between Portland, Oregon and Vancouver, Washington. It is home to the largest collection of floating homes anywhere on the West Coast. Their client sold the moorages to a subsidiary of Safeco Insurance. Years after the sale, Safeco, through it’s subsidiary, sued alleging fraud in the inducement and fraud by omission claiming that the seller had failed to adequately disclose the condition of the moorages and the extent of restoration work that would need to be done to them. Safeco sued for $28 million. Weiss, Jensen hired a jury consulting firm from Los Angeles that spent three weeks in Portland. Mr. Botteri and Mr. Salvi conducted mock trials to refine their arguments, presentation and questioning of the witnesses. Mr. Green served in a support role during discovery and all pretrial phases, assisting in legal research, brief writing, review of documentation and analysis and addressing evidentiary issues and rulings as they came up at trial. After a 2-3 week jury trial, the jury found in favor of their client and awarded $0 damages to Safeco’s subsidiary.
While at Weiss, Jensen, Mr. Green also did work for Wieden & Kennedy. It is the advertising agency that helped build Nike into the well known brand that it is today. Mr. Botteri and Mr. Green handled a week long trial before an arbitrator via the American Arbitration Association, In the Matter of the Arbitration between M&Co. A Design Group, Inc. v. Wieden & Kennedy, Inc., and Subaru of America, Inc., Case No. 75-147-002092. Wieden & Kennedy had been hired by Subaru to create some television ads. In turn Wieden & Kennedy hired New York film director Tibor Kalman, through his company, M&Co. A Design Group, Inc., to do the actual filming. From the beginning there were difficulties between Wieden & Kennedy’s creative people and Mr. Kalman. Ultimately they were unable to produce an advertisement that Wieden & Kennedy was satisfied with. As they neared a deadline for having the ad ready for Subaru, Wieden & Kennedy instead turned to Red Carpet, a filming company in California, that is well known for shooting quality car advertisements. The ad produced by Red Carpet and Wieden & Kennedy is what aired on national television. Wieden & Kennedy refused to pay Tibor Kalman, and he sued in arbitration. Mr. Green sat second seat at trial with Mr. Botteri sitting first chair. Opposing counsel was from New York City and they and Mr. Kalman flew in to Portland for the trial. At the conclusion of the trial the arbitrator ruled that while Mr. Kalman and his company may not have produced the quality of product that Wieden & Kennedy wanted, he had nonetheless substantially performed the terms of his contract and the arbitrator ordered Wieden & Kennedy to pay Mr. Kalman. At the time this was taking place Wieden & Kennedy had been named “Advertising Agency of the Year” by both Ad Age and Advertising Weekly, two of the industry’s leading publications.

Hill, Houston, Cable, Ferris & Haagensen, Portland, OR – April, 1991 to January, 1992, Mr. Green engaged in private practice, primarily focused on bankruptcy litigation and environmental cleanup litigation.
While at Hill, Houston Mr. Green assisted Ms. Laura Walker in representing the creditors’ committee in the Chapter 11 bankruptcy of Portland Meadows Racetrack. Portland Meadows was the local horse racing track.
While Mr. Green was at Hill, Houston, the firm also represented Waste Management and Rhone- Poulenc, SA. Waste Management is the largest solid waste handler in the U.S., and Rhone Poulenc is a French multinational chemical manufacturer. Mr. Green assisted Mr. Jim Benedict in doing environmental work involving owner liability for cleanup costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA) commonly known as Superfund and other environmental regulations for Rhone-Poulenc, and on tax issues concerning Waste Management and the City of Seattle.

Green, Service, Gasser & Kerl, Pocatello, ID – March, 1988 to March, 1991, Mr. Green engaged in private practice, primarily focused on civil litigation in state court involving commercial and real estate disputes, state and federal criminal cases, assisted in litigation in which the firm defended Union Pacific Railroad on Federal Employer Liability Act claims, and in bankruptcy litigation, assisted in representing primarily creditors, banks and bankruptcy trustees. This gave him the pleasure and opportunity of working with his father, Mr. James B. Green, who was the senior partner in the firm.
While at Green, Service, Gasser & Kerl – Mr. Green worked closely with the Honorable Jim D. Pappas, who was then a partner in the firm, and who is now a U.S. Bankruptcy Judge, and also with former Idaho State Bar President Mr. Ron Kerl. He assisted them in representing Mr. L.D. Fitzgerald, who was at the time both the Chapter 7 and Chapter 13 trustee in southeastern Idaho. He prepared numerous complaints for recovery of preferential transfers and fraudulent conveyances. Mr. Pappas and Mr. Kerl also represented The Farm Credit Bank of Spokane, now known as Farm Credit Services, in U.S. Bankruptcy Court, and Mr. Green assisted them in their representation in several Chapter 12 farm reorganizations, farm foreclosures and quiet title actions.
In addition, Mr. Green also did state court collection work for Key Bank of Idaho, West One Bank of Idaho, Idaho Central Credit Union and KHD Deutz of America Corporation. He filed numerous collection actions, obtained judgments and pursued writs of garnishment and execution. For KHD Deutz Mr Green sued a dealer who had been selling farming equipment inventory out of trust. These collection actions consisted of everything from suing for a deficiency following repossession of a vehicle, to breach of contract actions on larger commercial loans.

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