From mayneslaw at hotmail.com Wed Aug 5 11:16:45 2015 From: mayneslaw at hotmail.com (Robert Maynes) Date: Wed, 5 Aug 2015 11:16:45 -0600 Subject: [CLBS] Factor Company Referrals Message-ID: Listmates, I have a client looking for a factor company to handle their receivables. Does anyone have a referral that they could provide? Kindest regards, Rob From camphillipslaw at gmail.com Sun Aug 9 17:32:53 2015 From: camphillipslaw at gmail.com (Cameron Phillips) Date: Sun, 9 Aug 2015 16:32:53 -0700 Subject: [CLBS] Income on Exempt Money Message-ID: I recently met with a quadriplegic woman who was in an accident about 30 years ago and as a result received an award of about $950,000, enough to take care of her "for the rest of her life", she thought. But, due to some poor investing directed by a Certified Financial Planner or two, and the ongoing medical costs associated with her condition, as well as occasional credit card usage, she is running out of money. Does anyone have any thoughts on whether the income earned on the original award is exempt, as the award itself would be? All of her gains and losses on stocks are documented, as are the dividends and interest she's received. So, would a chapter 7 but the entire remaining money at risk, since it could be seen as commingled? I will appreciate any ideas hat may be out there. Cam Phillips Cameron Phillips Attorney at Law 924 Sherman Ave. Coeur d'Alene, Idaho 83814 208 667 5437 208 664 2114 FAX cam at camphillips.com From tecla.druffel at gmail.com Tue Aug 11 12:24:58 2015 From: tecla.druffel at gmail.com (Tecla Druffel) Date: Tue, 11 Aug 2015 11:24:58 -0700 Subject: [CLBS] Transfers into--and back out of-- self-settled trust on the eve of filing bankruptcy Message-ID: Listmates: I prepared but have not filed a Chapter 7 case for a client in her late sixties. We itemized her personal property on Schedule B; there is minimal non-exempt property in her bankruptcy estate. Yesterday, she spent about 2 hours in my office reviewing all of her schedules and documents for accuracy and completeness; everything seemed on track to get her case filed at the end of the conference. While she was here, I received a call from the client?s estate planning attorney. (The client has never had a will and thought it was about time.) During the call, I learned that last Friday, the estate attorney created a trust, had the client sign it, then filed a Declaration of Trust and also had the client execute a Bill of Sale purporting to sell all of the client?s tangible personal property to the trustee of her trust for consideration of $1. The description of the property sold under the Bill of the Sale tracks the same categories of personal property that would otherwise be listed on Schedule B and exempted on Schedule C. Nothing has been transferred in terms of her real estate. The estate attorney first suggested that no transfer of the personal property occurred since the spendthrift provisions in the trust only come to life after the settlor dies. Then the estate attorney suggested during the call that the client should simply execute another Bill of Sale to transfer the personal property out of the trust and back to her as an individual. The trust document reserves the right of the settlor to amend or revoke the instrument until her death. I am not an estate attorney. I don't know much about trusts or when inter vivos transfers do and do not occur. The client is deeply confused and upset that she?s ?messed up? her bankruptcy. She told me she thought she was getting a will. So much for my straightforward Chapter 7 case?. My questions are as follows: May a debtor assert Idaho bankruptcy exemptions on personal property she just sold to her own trust? If the answer is ?no,? does anyone have any ideas to get the personal property back to the debtor as an individual prior to filing? Is there a problem under 548(e), or any other Code provision, with the client executing another Bill of Sale to undo the first Bill of Sale within days of one another as suggested by the estate attorney? If the client executes another Bill of Sale, is there any reason not to disclose both transfers under #10(b) on Statement of Financial Affairs? (This question may go to all of the estate attorneys out there?. Does anything in the facts indicate that a ?transfer to a self-settled trust or similar device? and then back out again did not actually occur? Would it matter if the client, acting as trustee, did not actually pay a $1 to buy the assets for the trust under the first Bill of Sale?) Does anyone hear any other red flags or issues that I?m missing??? Thank you!!! Tecla Druffel From alex at cavallawoffice.com Tue Aug 11 13:08:55 2015 From: alex at cavallawoffice.com (Alexandra Caval) Date: Tue, 11 Aug 2015 13:08:55 -0600 Subject: [CLBS] Transfers into--and back out of-- self-settled trust on the eve of filing bankruptcy In-Reply-To: References: Message-ID: <004401d0d469$2c7a94f0$856fbed0$@cavallawoffice.com> If the trust is now the owner of the property then no, she can't claim an exemption on it. Since we're in the 9th Circuit you may want to take a look at Adeeb (787 F.2d 1339, 9th Cir.) which says that in order to have a fraudulent transfer the item(s) must remain transferred as of the petition date. So, if she gets it back before she files then you don't have a fraudulent transfer. You need to make sure the case law is still good law (I want to say it's still good law in the 9th Circuit but that other courts outside the 9th have gone the other way). You'd want to disclose both transfers on the SOFA and probably disclose the newly created trust too. Alexandra O. Caval Caval Law Office, P.C. P.O. Box 1716 Twin Falls, ID 83303-01716 T: 208.733.2035 F: 208.733.3919 alex at cavallawoffice.com PRIVILEGE AND CONFIDENTIALITY NOTICE This e-mail is intended only for the use of the recipient named and may contain information that is confidential, privileged, and exempt from disclosure under applicable laws. If you are not the named recipient, you may have received this transmission in error. We ask that you immediately notify the sender and remove this and all attached file(s) from your system. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. You are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission if you are not the intended recipient is prohibited and may expose you to liability. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tecla Druffel Sent: Tuesday, August 11, 2015 12:25 PM To: CLBS at admws.idaho.gov Subject: [CLBS] Transfers into--and back out of-- self-settled trust on the eve of filing bankruptcy Listmates: I prepared but have not filed a Chapter 7 case for a client in her late sixties. We itemized her personal property on Schedule B; there is minimal non-exempt property in her bankruptcy estate. Yesterday, she spent about 2 hours in my office reviewing all of her schedules and documents for accuracy and completeness; everything seemed on track to get her case filed at the end of the conference. While she was here, I received a call from the client?s estate planning attorney. (The client has never had a will and thought it was about time.) During the call, I learned that last Friday, the estate attorney created a trust, had the client sign it, then filed a Declaration of Trust and also had the client execute a Bill of Sale purporting to sell all of the client?s tangible personal property to the trustee of her trust for consideration of $1. The description of the property sold under the Bill of the Sale tracks the same categories of personal property that would otherwise be listed on Schedule B and exempted on Schedule C. Nothing has been transferred in terms of her real estate. The estate attorney first suggested that no transfer of the personal property occurred since the spendthrift provisions in the trust only come to life after the settlor dies. Then the estate attorney suggested during the call that the client should simply execute another Bill of Sale to transfer the personal property out of the trust and back to her as an individual. The trust document reserves the right of the settlor to amend or revoke the instrument until her death. I am not an estate attorney. I don't know much about trusts or when inter vivos transfers do and do not occur. The client is deeply confused and upset that she?s ?messed up? her bankruptcy. She told me she thought she was getting a will. So much for my straightforward Chapter 7 case?. My questions are as follows: May a debtor assert Idaho bankruptcy exemptions on personal property she just sold to her own trust? If the answer is ?no,? does anyone have any ideas to get the personal property back to the debtor as an individual prior to filing? Is there a problem under 548(e), or any other Code provision, with the client executing another Bill of Sale to undo the first Bill of Sale within days of one another as suggested by the estate attorney? If the client executes another Bill of Sale, is there any reason not to disclose both transfers under #10(b) on Statement of Financial Affairs? (This question may go to all of the estate attorneys out there?. Does anything in the facts indicate that a ?transfer to a self-settled trust or similar device? and then back out again did not actually occur? Would it matter if the client, acting as trustee, did not actually pay a $1 to buy the assets for the trust under the first Bill of Sale?) Does anyone hear any other red flags or issues that I?m missing??? Thank you!!! Tecla Druffel _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From will at williamthelawyer.com Wed Aug 12 20:03:14 2015 From: will at williamthelawyer.com (William J. O'Connor) Date: Wed, 12 Aug 2015 20:03:14 -0600 Subject: [CLBS] Transfers into--and back out of-- self-settled trust on the eve of filing bankruptcy In-Reply-To: References: Message-ID: <5CB17283-EF92-407A-A63E-AE5DE5FC49D8@williamthelawyer.com> I am not an estate attorney either, but I recall a few things that I have concerns over: > The estate attorney first suggested that no transfer of the personal > property occurred since the spendthrift provisions in the trust only come > to life after the settlor dies. Then the estate attorney suggested during > the call that the client should simply execute another Bill of Sale to > transfer the personal property out of the trust and back to her as an > individual. The trust document reserves the right of the settlor to amend > or revoke the instrument until her death. If the spendthrift provision does not become effective until death and it applies to the assets transferred, then how can a transfer have taken place (obviously your client is alive)? Such a statement makes is seem as though the client?s estate lawyer drafted a trust that would not be effective in her lifetime. OR Is it possible that he drafted more than one trust, one during life and another after dying? I?ve never heard of such a thing (but like I said, I?m not an estate lawyer), so I then wonder if it is an inter vivos trust with a spendthrift provision is in place, but he either didn?t explain it clearly or there was a communication break down somewhere. Perhaps you should review the trust document for your own CYA? Finally, did the Trustee act within his fiduciary responsibilities as your client?s beneficiary? If he really had her sell all of her tangible personal property for $1.00, is that in the client?s best interest? Would his actions be voidable if not? > William J. O'Connor > O'Connor Law, PLLC > 355 West Myrtle Street > Suite 100 > Boise, ID 83702 > > Office: 208-344-5095 > Fax: 208-424-3100 On Aug 11, 2015, at 12:24 PM, Tecla Druffel wrote: > Listmates: > > > I prepared but have not filed a Chapter 7 case for a client in her late > sixties. > > > We itemized her personal property on Schedule B; there is minimal > non-exempt property in her bankruptcy estate. Yesterday, she spent about 2 > hours in my office reviewing all of her schedules and documents for > accuracy and completeness; everything seemed on track to get her case filed > at the end of the conference. > > > While she was here, I received a call from the client?s estate planning > attorney. (The client has never had a will and thought it was about time.) > > > During the call, I learned that last Friday, the estate attorney created a > trust, had the client sign it, then filed a Declaration of Trust and also > had the client execute a Bill of Sale purporting to sell all of the > client?s tangible personal property to the trustee of her trust for > consideration of $1. The description of the property sold under the Bill of > the Sale tracks the same categories of personal property that would > otherwise be listed on Schedule B and exempted on Schedule C. > > > Nothing has been transferred in terms of her real estate. > > > The estate attorney first suggested that no transfer of the personal > property occurred since the spendthrift provisions in the trust only come > to life after the settlor dies. Then the estate attorney suggested during > the call that the client should simply execute another Bill of Sale to > transfer the personal property out of the trust and back to her as an > individual. The trust document reserves the right of the settlor to amend > or revoke the instrument until her death. > > > I am not an estate attorney. I don't know much about trusts or when inter > vivos transfers do and do not occur. > > > The client is deeply confused and upset that she?s ?messed up? her > bankruptcy. She told me she thought she was getting a will. So much for my > straightforward Chapter 7 case?. > > > My questions are as follows: > > > > > May a debtor assert Idaho bankruptcy exemptions on personal property she > just sold to her own trust? > > > If the answer is ?no,? does anyone have any ideas to get the personal > property back to the debtor as an individual prior to filing? > > > Is there a problem under 548(e), or any other Code provision, with the > client executing another Bill of Sale to undo the first Bill of Sale within > days of one another as suggested by the estate attorney? > > > If the client executes another Bill of Sale, is there any reason not to > disclose both transfers under #10(b) on Statement of Financial Affairs? > (This question may go to all of the estate attorneys out there?. Does > anything in the facts indicate that a ?transfer to a self-settled trust or > similar device? and then back out again did not actually occur? Would it > matter if the client, acting as trustee, did not actually pay a $1 to buy > the assets for the trust under the first Bill of Sale?) > > > Does anyone hear any other red flags or issues that I?m missing??? > > > > > Thank you!!! > > Tecla Druffel > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs From cldlaw at gmail.com Tue Aug 18 11:00:12 2015 From: cldlaw at gmail.com (Catherine Dullea) Date: Tue, 18 Aug 2015 10:00:12 -0700 Subject: [CLBS] Spokane Message-ID: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> Who is a reasonable and talented debtor attorney in Spokane? From dbc at dbclarklaw.com Tue Aug 18 11:20:25 2015 From: dbc at dbclarklaw.com ( D. Blair Clark) Date: Tue, 18 Aug 2015 11:20:25 -0600 Subject: [CLBS] Spokane In-Reply-To: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> References: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> Message-ID: <01a601d0d9da$2c275ee0$84761ca0$@com> Kevin O'Rourke and his father, Dan, have been my referrals for a long time. They've always done well. D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 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 Catherine Dullea Sent: Tuesday, August 18, 2015 11:00 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Spokane Who is a reasonable and talented debtor attorney in Spokane? _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs -------------- next part -------------- A non-text attachment was scrubbed... Name: Kevin O'Rourke.vcf Type: application/octet-stream Size: 1735 bytes Desc: not available URL: From reynardtrustee at gmail.com Tue Aug 18 11:27:58 2015 From: reynardtrustee at gmail.com (Janine Reynard) Date: Tue, 18 Aug 2015 11:27:58 -0600 Subject: [CLBS] Spokane In-Reply-To: <01a601d0d9da$2c275ee0$84761ca0$@com> References: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> <01a601d0d9da$2c275ee0$84761ca0$@com> Message-ID: I went to law school with Kevin. Great guy. That firm has been doing bk work forever. On Tue, Aug 18, 2015 at 11:20 AM, D. Blair Clark wrote: > Kevin O'Rourke and his father, Dan, have been my referrals for a long time. > They've always done well. > > D. Blair Clark > LAW OFFICES OF D. BLAIR CLARK PC > 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 Catherine > Dullea > Sent: Tuesday, August 18, 2015 11:00 AM > To: CLBS at admws.idaho.gov > Subject: [CLBS] Spokane > > Who is a reasonable and talented debtor attorney in Spokane? > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > > From cjlaw at cableone.net Tue Aug 18 11:32:31 2015 From: cjlaw at cableone.net (cableone) Date: Tue, 18 Aug 2015 11:32:31 -0600 Subject: [CLBS] Spokane In-Reply-To: <01a601d0d9da$2c275ee0$84761ca0$@com> References: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> <01a601d0d9da$2c275ee0$84761ca0$@com> Message-ID: <32BF161D-A7FC-4DE1-81CE-7CE3BE0F0F5F@cableone.net> Jay Manon would be good. Charles Johnson On Aug 18, 2015, at 11:20 AM, " D. Blair Clark" wrote: > Kevin O'Rourke and his father, Dan, have been my referrals for a long time. > They've always done well. > > D. Blair Clark > LAW OFFICES OF D. BLAIR CLARK PC > 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 Catherine > Dullea > Sent: Tuesday, August 18, 2015 11:00 AM > To: CLBS at admws.idaho.gov > Subject: [CLBS] Spokane > > Who is a reasonable and talented debtor attorney in Spokane? > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs > > _______________________________________________ > CLBS mailing list > CLBS at admws.idaho.gov > http://admws.idaho.gov/mailman/listinfo/clbs From dbc at dbclarklaw.com Tue Aug 18 11:42:18 2015 From: dbc at dbclarklaw.com ( D. Blair Clark) Date: Tue, 18 Aug 2015 11:42:18 -0600 Subject: [CLBS] Spokane In-Reply-To: References: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> <01a601d0d9da$2c275ee0$84761ca0$@com> Message-ID: <01ba01d0d9dd$3b133a20$b139ae60$@com> Yep. I think Dan?s my age (poor guy). D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 1513 Tyrell Lane, Suite 130 Boise, ID 83706 Telephone: (208) 475-2050 Fax: (208) 475-2055 From: Janine Reynard [mailto:reynardtrustee at gmail.com] Sent: Tuesday, August 18, 2015 11:28 AM To: D. Blair Clark Cc: ; Bankruptcy list Subject: Re: [CLBS] Spokane I went to law school with Kevin. Great guy. That firm has been doing bk work forever. On Tue, Aug 18, 2015 at 11:20 AM, D. Blair Clark wrote: Kevin O'Rourke and his father, Dan, have been my referrals for a long time. They've always done well. D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 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 Catherine Dullea Sent: Tuesday, August 18, 2015 11:00 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Spokane Who is a reasonable and talented debtor attorney in Spokane? _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From jmacdonald at ejame.com Tue Aug 18 11:57:16 2015 From: jmacdonald at ejame.com (James Macdonald) Date: Tue, 18 Aug 2015 17:57:16 +0000 Subject: [CLBS] Spokane In-Reply-To: <01a601d0d9da$2c275ee0$84761ca0$@com> References: <004301d0d9d7$590b1940$0b214bc0$@gmail.com> <01a601d0d9da$2c275ee0$84761ca0$@com> Message-ID: Agreed. Regards, James S. Macdonald Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. PO Box 1049 Lake Plaza Building - 123 South Third Avenue, Suite 24 Sandpoint, ID? 83864 208.263.8517 208.263.0759 (Fax) The information in this email message may be privileged, confidential and protected from disclosure.? If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.? If you think you received this email message in error, please reply to james at ejame.com or call (208) 263-8517. -----Original Message----- From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of D. Blair Clark Sent: Tuesday, August 18, 2015 10:20 AM To: cldlaw at gmail.com; CLBS at admws.idaho.gov Subject: Re: [CLBS] Spokane Kevin O'Rourke and his father, Dan, have been my referrals for a long time. They've always done well. D. Blair Clark LAW OFFICES OF D. BLAIR CLARK PC 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 Catherine Dullea Sent: Tuesday, August 18, 2015 11:00 AM To: CLBS at admws.idaho.gov Subject: [CLBS] Spokane Who is a reasonable and talented debtor attorney in Spokane? _______________________________________________ CLBS mailing list CLBS at admws.idaho.gov http://admws.idaho.gov/mailman/listinfo/clbs From cldlaw at gmail.com Mon Aug 24 11:50:39 2015 From: cldlaw at gmail.com (Catherine Dullea) Date: Mon, 24 Aug 2015 10:50:39 -0700 Subject: [CLBS] Western District of WA Message-ID: <000c01d0de95$63bfec40$2b3fc4c0$@gmail.com> Dear Listmates: I need a creditor attorney for the Western District of Washington. --Katie Dullea From cldlaw at gmail.com Mon Aug 24 12:11:59 2015 From: cldlaw at gmail.com (Catherine Dullea) Date: Mon, 24 Aug 2015 11:11:59 -0700 Subject: [CLBS] W. WA lawyer Message-ID: <001901d0de98$5ee84520$1cb8cf60$@gmail.com> It has to be in the Vancouver area. From rfrench at rfrenchlaw.com Fri Aug 28 11:57:30 2015 From: rfrench at rfrenchlaw.com (Randy French) Date: Fri, 28 Aug 2015 11:57:30 -0600 Subject: [CLBS] Address change Message-ID: <003201d0e1bb$02ef5e40$08ce1ac0$@rfrenchlaw.com> Please take note that my firm name and contact information has changed. My contact information is now: Randal J. French Randal J. French, P.C. P.O. Box 836 Boise Idaho 83701 208-859-6881 rfrench at rfrenchlaw.com Please update all of your records accordingly. Randy French NACBA-Logo_digital_medium Law Office of Randal J. French, P.C. Attorneys at Law tP.O. Box 836 tBoise, ID 83701 t(208) 859-6881 IMPORTANT NOTICE: This communication, including any attachments, may contain information that may be confidential or privileged and is intended solely for the entity or individual to whom it is addressed. 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