[CLBS] Payment

[Ford Elsaesser]

agree 100% with esteemed judge g.additional concerns;bar sanction and almost 
a certain sanction from bk. court
----- Original Message ----- 
From: <rgreenwood at greenwoodlaw.com>
To: <tyler.wirick at wiricklaw.com>; <clbs at admws.idaho.gov>
Sent: Wednesday, June 20, 2012 9:40 AM
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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