[CLBS] Commercial Law & Bankruptcy Section Newsletter -- Halloween Edition

Robert Faucher RFaucher at hollandhart.com
Wed Nov 1 13:16:41 MDT 2017


Colleagues,

We're a day late, but this edition of the section newsletter is chock-full of frights.

The newsletter principally addresses issues raised by chapter 7 debtors' attorneys agreeing to represent their clients in consideration of the clients' agreements to make post-petition payments of attorney's fees.  Thanks to Matt Christensen of Angstman Johnson, PLLC and Kelly Greene McConnell of Givens Pursley LLP for volunteering to identify some of the perils attorneys and their clients face in those circumstances.

The newsletter also includes an article by Angstman Johnson's Chad Moody and his colleague Matt Christensen regarding a chapter 7 trustee's strong-arm powers to step into the shoes of the IRS to avoid fraudulent conveyances occurring as long as ten years prior to the petition date.  Judge Pappas recently issued a published opinion on this subject.   If you don't find that prospect spooky, you're either unusually fearless or a ghoulish chapter 7 trustee.

Bob
Robert A. Faucher
Holland & Hart LLP
800 W. Main St., Suite 1750
Boise, ID  83702
Phone (208) 342-5000
Fax (208) 343-8869
E-Mail:  rfaucher at hollandhart.com<mailto:rfaucher at hollandhart.com>
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From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Kathleen McCallister
Sent: Tuesday, October 31, 2017 10:05 AM
To: Alexandra Caval <alex at cavallawoffice.com<mailto:alex at cavallawoffice.com>>; CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
Subject: Re: [CLBS] Utah Ethics Opinion on Advertising, Fee Contracts & Factoring

Thanks Alex - this appears to be timely in light of the issues raised in Hirsch 17-40179.

Kat

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval
Sent: Tuesday, October 31, 2017 9:48 AM
To: CLBS at admws.idaho.gov<mailto:CLBS at admws.idaho.gov>
Subject: [CLBS] Utah Ethics Opinion on Advertising, Fee Contracts & Factoring

Thought I'd toss this out on the listserv for everyone's reading pleasure.
It's a relatively recent ethics decision from Utah that touches on bankruptcy practices we've seen out here in Idaho over the past year.



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

<mailto:alex at cavallawoffice.com> alex at cavallawoffice.com<mailto:alex at cavallawoffice.com>





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