Re: [CLBS] Attorneys fees against the trustee in an adversarial

[Jeremy J. Gugino]

Among others, yes.

Sent from my HTC smartphone on the Now Network from Sprint!

----- Reply message -----
From: "Ken Anderson" <kenanderson at clearwire.net>
To: "'Jeremy J. Gugino'" <gugino at cableone.net>, <wixomlawoffice at gmail.com>, "'List Serv'" <clbs at admws.idaho.gov>
Subject: [CLBS] Attorneys fees against the trustee in an adversarial
Date: Wed, Jun 20, 2012 3:05 pm


I think the case Jeremy is thinking of is in re Saunders, but don't have the
cite handy.
-Ken

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Jeremy J. Gugino
Sent: Tuesday, June 19, 2012 6:03 PM
To: wixomlawoffice at gmail.com; List Serv
Subject: Re: [CLBS] Attorneys fees against the trustee in an adversarial

The trustee is going to win this one. Whether you can claim an exemption
will depend on whether 522(g) applies. You have no shot at sanctions,
although the trustee may if he is forced to defend such an action. Cut a
deal and quickly.

Sent from my HTC smartphone on the Now Network from Sprint!

----- Reply message -----
From: "Rocky Wixom" <wixomlawoffice at gmail.com>
To: <clbs at admws.idaho.gov>
Subject: [CLBS] Attorneys fees against the trustee in an adversarial
Date: Tue, Jun 19, 2012 6:10 pm


The trustee just filed an adversarial complaint against my client
alleging failure to turnover or recover a vehicle for which my client
has her name on title.  The car was purchased four years ago when her
seventeen year old daughter took a $22,000 disbursement from a trust
that her grandfather had prepared for her. The check was payable
directly from the trust account to the car dealership.  The minor even
filed her own estate tax 1041 tax return that year showing her
disbursement of $22,000 in her favor.

The insurance company would not issue insurance to a minor so
Mom/debtor put her name on title.  At no time has mom EVER possessed
the car.

The car is currently worth around $12,000.

Mom never transferred legal title during the interim four years and
has now filed a chapter 7.

The Trustee had all of these facts prior to filing including a copy of
the check, trust, tax return and full explanation.



First, I am arguing an express or resulting trust in the vehicle
relying in part on (In Re Woods) to argue that the debtor holds only
"bare legal title" which is not property of the estate. I am arguing
that the vehicle is not property of the estate under 11 USC 541(d).
Secondly, I argue that if it is property of the estate then the
trustee would still have a duty to transfer the equitable title held
by the daughter.

 In the alternative I am claiming that the $7,000 exemption applies.


First, how strong is my argument?

Secondly, is there any way I can get attorney's fees against the
trustee assuming I prevail?  Frivolity, a statute, rule ????

Rocky
-- 
Rocky L. Wixom, Attorney at Law
(208) 542-5298

Wixom Law Office, Inc.
PO Box 51334
Idaho Falls, Idaho  83405

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