Central District Consumer Bankruptcy Attorney's Association

Jeff,
Of course, you are right if all of the facts are as alleged. I don't trust guys who think they can outsmart me. If you must opine, put the facts alleged by mr. overworking doctor in the letter and limit your opinion to the alleged facts.
Dennis
Sent from my iPhone
On Dec 17, 2009, at 5:47 PM, "David A. Tilem" wrote:
LOL, well who said the golddigger wants him to be around. It's the money they are after....... The more time he spends at work, the more time the golddigger has to do ..... whatever....
What I don't know is whether the $1.09 limit is an overall limit or just a limit on what is in the estate. That statute needs to be checked carefully and perhaps shepardized.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
bsesq1965
Sent: Thursday, December 17, 2009 5:05 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: HOA Dues After Trustee holds Property for 18 Months then Abandons
First, my doctor is single. I don't know, nor do I care about his preferences in the bedroom.
Dennis: I didn't do an exhaustive check of his records, but I ABSOLUTELY asked him if he has been putting money in and taking money out of his "retirement" accounts as if they were just savings. He swears that the has NEVER taken ANY money out of any retirement accounts. He has two jobs. One is as a staff ER doctor for a well known hospital where he has worked for over 15 years. While there he has contributed the max allowable to his pension which is matched by the hospital, and is, according to what I see, an ERISA qualified pension (not property of the estate). His current pension value there is about $1.5 million.
His second job is an ER doctor, through his medical comapny (MC). The medical company bills that hospital, and the MC contributes to his SEP IRA (exempt up to $1,090,000 per section 522), and he takes a salary from that MC as well. He has caused the MC SEP IRA to invest well, very well, and that has worked its way up to about $800,000.
I understand the issue re using IRAs like a piggy bank, but if the evidence bears out the story (no real activity in these accounts for over a decade other than making allowed contributions and investments), isn't my premise good law? The ERISA qualified pensions aren't property of the estate to begin with, and the SEP IRAsa are just exempt (section 522).
For everyone with a gold digging sister (or brother) out there, it might interest you that while single, as far as I can tell, the client works about 120 hours a week, and that expalins his being single. He also appears to be a miser that would make Ebeneezer Scroodge look like Mike Tyson with an entourage of 20 after a prize fight win. He also is being sued for malpractice, just maybe because he doesn't appear to SLEEP. Other than that, he's a real catch!
-Jeffrey B. Smith**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
**Certified By The State Bar
Of California As A Specialist
In Bankruptcy Law
Jeff,Of course, you are right if all of the facts are as alleged. I don't trust guys who think they can outsmart me. If you must opine, put the facts alleged by mr. overworking doctor in the letter and limit your opinion to the alleged facts. DennisSent from my iPhoneOn Dec 17, 2009, at 5:47 PM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:

LOL, well who said the
golddigger wants him to be around. It's the money they are after.......
The more time he spends at work, the more time the golddigger has to do .....
whatever....

What I don't know is
whether the $1.09 limit is an overall limit or just a limit on what is in the
estate. That statute needs to be checked carefully and perhaps
shepardized.


David A.
Tilem
The post was migrated from Yahoo.