[CLBS] Payment

[Ford Elsaesser]

also-if its really a pawn-i.e. lawyer gives the piano back when client 
brings in fee postpetition-lawyer is a creditor and thats trouble-ford
----- Original Message ----- 
From: "Ken Anderson" <kenanderson at clearwire.net>
To: "'Ted Rupp'" <tedrupp at my180.net>; <clbs at admws.idaho.gov>
Sent: Wednesday, June 20, 2012 2:02 PM
Subject: RE: [CLBS] Payment


> 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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