[CLBS] Payment

[Ken Anderson]

Ted is right. It was a Pocatello case, Judge Pappas. The inference was that
taking payment in kind might be ok but there must be some evidence that the
value was akin to what is normally charged and approved. In that case, had
the attorney had a professional appraisal of the value of the piano and
submitted it with his disclosure statement, I suspect that case would have
come out differently. I have never taken compensation in kind, though; I
tell the client to sell the property and pay me.

-Ken

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Ted Rupp
Sent: Wednesday, June 20, 2012 10:01 AM
To: clbs at admws.idaho.gov
Subject: RE: [CLBS] Payment

In kind payments are also a very bad idea.  I believe it was in the early
90's when Judge Pappas had an attorney disgorge fees where he took a piano
as payment.  As I recall the gist was that the attorney had the power to set
the price without regard to the true value of the item taken.  Can't recall
the case but have never taken any in kind payments since that time.

Ted Rupp

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Tyler S. Wirick
Sent: Tuesday, June 19, 2012 7:23 PM
To: BK listserve
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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