[CLBS] Law v. Siegel

[D. Blair Clark]

Can't argue that on any of your points, Randy!  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PLLC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Wednesday, March 05, 2014 12:52 PM
To: Jeremy Gugino; 'Alexandra Caval'; clbs at admws.idaho.gov
Subject: Re: [CLBS] Law v. Siegel


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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