[CLBS] Law v. Siegel
Randal French
RFrench at bauerandfrench.com
Wed Mar 5 12:52:00 MST 2014
I don't think that it adds anything to the discussion of the merits to lump fraudulent debtors and their attorneys into the same group. I am sure there are some attorneys who would counsel their clients to engage in bad faith conduct just as there are some trustees who would embezzle bankruptcy estate monies and attempt to flee. Most are trying to make a living and trying to give good advice to their clients. Unless Law's attorney had charged enormous amounts of money, beyond by far the value of services rendered, to pursue
fraudulent behavior, then suggesting that the attorney knowingly participated in a fraud seems far-fetched. This decision does say that defending the sanctity of the homestead exemption was the correct thing to do and surely failing to advance an argument that was ultimately successful would have exposed the attorney to a claim for
malpractice for the amount of the homestead exemption lost. I guess you can just blame those bleeding heart liberals Scalia, Thomas, Roberts, and Alito.
-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeremy Gugino
Sent: Wednesday, March 05, 2014 10:23 AM
To: 'Alexandra Caval'; clbs at admws.idaho.gov
Subject: Re: [CLBS] Law v. Siegel
A ridiculous decision, even if the dicta seems to give trustees some "options" beyond surcharge. This is a victory for fraudulent debtors and their attorneys.
-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval
Sent: Wednesday, March 05, 2014 9:46 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Law v. Siegel
An unanimous opinion and a quick read for those who were wondering how the Supreme Court would decide this one.
Alexandra O. Caval
Staff Attorney
Office of Kathleen A. McCallister
Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
T: (208) 922-5100
F: (208) 922-5599
alex at kam13trustee.com<mailto:alex at kam13trustee.com>
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