[CLBS] Payment

[rgreenwood at greenwoodlaw.com]

Nor do I type well or proofread posts.

Original Message:
-----------------
From: rgreenwood at greenwoodlaw.com rgreenwood at greenwoodlaw.com
Date: Wed, 20 Jun 2012 12:40:01 -0400
To: tyler.wirick at wiricklaw.com, clbs at admws.idaho.gov
Subject: RE: [CLBS] Payment



Extremely bad idea.  Not withstanding the general rule that failure to
perform a promise to repay a debt it is not fraud, a promise made with no
intention of performing it is fraud.  It is unethical to counsel a client
to commit fraud.  And the lender has a real good shot at
non-dichargability.  While some may have done this and gotten away with it,
if the practice becomes widespread, rest assured the credit industrky will
respond.   I once obtained a stipulated judgment to non-dischargability in
a case where the lawyer counseled his client to take the maximum drawq
available on an overdraft protection line of credit and use the proceeds to
puerchase exempt proprty immediately before filing bankruptcy.  The lawyer
is now disbarred for other reasons, but the advice, in my view, showed the
lack of moral compass thatr eventually l;ed to the disbarment.

I no longer practive law or bankruptcy, so take this for what its worth.

Greenwood


Original Message:
-----------------
From: Tyler S. Wirick tyler.wirick at wiricklaw.com
Date: Tue, 19 Jun 2012 19:23:11 -0700
To: clbs at admws.idaho.gov
Subject: [CLBS] Payment


Listmates,

I recently herd of attorneys who counsel their chs. 7&13 clients to pay
their attorneys'  fees on the client's credit cards, which are then
included in the BK. I've also heard of attorneys taking in kind payments
for BK services. 

I have serious concerns regarding each of these payment schemes. Thoughts? 

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
tyler.wirick at wiricklaw.com


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