pi bk brain twister
Posted: Mon Feb 21, 2005 8:33 am
Recent case limits 704.140(a) to amounts reasonable and necessary as well. In re Gose
Larry D. Simons
SulmeyerKupetz
A Professional Corporation
333 South Hope Street, Thirty-Fifth Floor, Los Angeles, CA 90071
Voice: 213.617.5210 Fax: 213.629.4520
Northern California Office:
1080 Marsh Road, Suite 110, Menlo Park, CA 94025
Voice: 650.326.2245 Fax: 650.326.5134
E-Mail: lsimons@sulmeyerlaw.com
URL: www.sulmeyerlaw.com
Sent from my BlackBerry Wireless Handheld
To: cdcbaa@yahoogroups.com
Sent: Sat Feb 19 07:24:12 2005
Subject: [cdcbaa] pi bk brain twister
Hi:
Just a few thoughts.
Exemptions: The exemption for pi damages is limited.
703.140(b)(10)(D) has too small a cap
704.140 poses a lot of problems:
(a) says a claim is exempt, but you are settling, so (a) doesn't
apply. (try to get cute and you lose, the trustee can keep the case
open forever until you settle).
(b) says the settlment proceeds are only exempt to the extent
reasonably necessary. This is a "keep em off of welfare test" If
your potential client can make a living the client doesn't need this
settlement. If your client is totally disabled, you might be able
to shield it from creditors, however the size of the settlement
indicates the client is not incapacitated.
(c) providers of the health care which helped fix your client from
the injury are exempt. Hospitals, doctors, etc., get their money.
(d) even a structured settlement can be garnished 1/4th.
Ethical issues:
The client is trying to cheat the lawyer who probably has a lien
on the proceeds. I think David Tilem once wrote on this
board, "Stay away from a client who wants to cheat another lawyer,
they will cheat you." David was right.
We all try to represent the honest person, and many of us believe
it is required that everyone be able to hire a lawyer, but this
client would be shown my door. I would have to hold my leg to keep
from kicking this person on the way out.
dennis
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Re: [cdcbaa] pi bk brain twister
Recent case limits 704.140(a) to amounts reasonable and necessary as well. In re Gose
Larry D. Simons
SulmeyerKupetz
A Professional Corporation
333 South Hope Street, Thirty-Fifth Floor, Los Angeles, CA 90071
Voice: 213.617.5210 Fax: 213.629.4520
Northern California Office:
1080 Marsh Road, Suite 110, Menlo Park, CA 94025
Voice: 650.326.2245 Fax: 650.326.5134
E-Mail: lsimons@sulmeyerlaw.com
URL: www.sulmeyerlaw.com
Sent from my BlackBerry Wireless Handheld
To: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
Sent: Sat Feb 19 07:24:12 2005
Subject: [cdcbaa] pi bk brain twister
Hi:
Just a few thoughts.
Exemptions: The exemption for pi damages is limited.
703.140(b)(10)(D) has too small a cap
704.140 poses a lot of problems:
(a) says a claim is exempt, but you are settling, so (a) doesn't
apply. (try to get cute and you lose, the trustee can keep the case
open forever until you settle).
(b) says the settlment proceeds are only exempt to the extent
reasonably necessary. This is a "keep em off of welfare test" If
your potential client can make a living the client doesn't need this
settlement. If your client is totally disabled, you might be able
to shield it from creditors, however the size of the settlement
indicates the client is not incapacitated.
(c) providers of the health care which helped fix your client from
the injury are exempt. Hospitals, doctors, etc., get their money.
(d) even a structured settlement can be garnished 1/4th.
Ethical issues:
The client is trying to cheat the lawyer who probably has a lien
on the proceeds. I think David Tilem once wrote on this
board, "Stay away from a client who wants to cheat another lawyer,
they will cheat you." David was right.
We all try to represent the honest person, and many of us believe
it is required that everyone be able to hire a lawyer, but this
client would be shown my door. I would have to hold my leg to keep
from kicking this person on the way out.
dennis
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