[CLBS] Question about "burial plots".... under IC 11-603(1)

[Stephen French]

no research but not a burial plot so not exempt

usually trustees do recover prepayments

I do nit know how to get on the site so evidently this goes to you only

Sent from my iPhone

> On Apr 22, 2015, at 9:55 AM, Robert Brower <rbrower at lewiston.com> wrote:
> 
> I have not done any research, but it would seem that if the pre-payment is
> irrevocable it would not be an asset of the Bankruptcy Estate. What do you
> all think?
> 
> Bob Brower
> 
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tecla Druffel
> Sent: Wednesday, April 22, 2015 10:20 AM
> To: CLBS at admws.idaho.gov
> Subject: [CLBS] Question about "burial plots".... under IC 11-603(1)
> 
> Hi everyone:
> 
> A couple asked me yesterday if the statute protecting "burial plots"
> applied to prepaid cremation services.
> 
> Has anyone successfully argued that Idaho Code section 11-603(1) applies to
> anything other than an in-the-ground burial plot? I'm looking for any
> support for an expansive reading of that subsection of the statute.
> 
> I have my doubts that the statute protects these services (see* Young v.
> Wright, *
> 
> 77 Idaho 244 (Idaho 1955)*:* "...court may not add to statute providing
> certain exemptions from attachment or execution, any articles not enumerated
> therein...."). But please, please, please prove me wrong!
> 
> Thank you!
> Tecla Druffel
> 
> Tecla Elizabeth Druffel, attorney at law
> 
> TED BK, PLLC
> 
> Lewis Clark Plaza Suite 101
> 
> 111 Main Street
> 
> Lewiston, ID 83501
> 
> Ph: (208) 743-9569
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> 
> 
> ---
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> http://www.avast.com
> 
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
Sent from my iPhone

> On Apr 22, 2015, at 9:55 AM, Robert Brower <rbrower at lewiston.com> wrote:
> 
> I have not done any research, but it would seem that if the pre-payment is
> irrevocable it would not be an asset of the Bankruptcy Estate. What do you
> all think?
> 
> Bob Brower
> 
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tecla Druffel
> Sent: Wednesday, April 22, 2015 10:20 AM
> To: CLBS at admws.idaho.gov
> Subject: [CLBS] Question about "burial plots".... under IC 11-603(1)
> 
> Hi everyone:
> 
> A couple asked me yesterday if the statute protecting "burial plots"
> applied to prepaid cremation services.
> 
> Has anyone successfully argued that Idaho Code section 11-603(1) applies to
> anything other than an in-the-ground burial plot? I'm looking for any
> support for an expansive reading of that subsection of the statute.
> 
> I have my doubts that the statute protects these services (see* Young v.
> Wright, *
> 
> 77 Idaho 244 (Idaho 1955)*:* "...court may not add to statute providing
> certain exemptions from attachment or execution, any articles not enumerated
> therein...."). But please, please, please prove me wrong!
> 
> Thank you!
> Tecla Druffel
> 
> Tecla Elizabeth Druffel, attorney at law
> 
> TED BK, PLLC
> 
> Lewis Clark Plaza Suite 101
> 
> 111 Main Street
> 
> Lewiston, ID 83501
> 
> Ph: (208) 743-9569
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
> 
> 
> ---
> This email has been checked for viruses by Avast antivirus software.
> http://www.avast.com
> 
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs