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May 2002 Archives

May 7, 2002

Volume 15 No. 4 May 2002

* Response to the President's Message: The Price We Pay (or, Two Fortunes for Bob)
* Chapter 13 Bankruptcy: Determining the Appropriate Fair Market Value
* Me? A Collection Attorney? Hardly! I Am a Litigator With High Visibility Clients. The FDCPA is for 'Debt Collectors'!
* Utah Law Developments: Legislative Update: 2002 General Legislative Session
* Book Review: Letters to young Contrarian

Chapter 13 Bankruptcy: Determining the Appropriate Fair Market Value

The greatest struggle between a debtor and a secured creditor in bankruptcy is determining the appropriate fair market value of collateral. At best, this struggle is quickly remedied at the meeting of the creditors, or through stipulation, where both sides come to an agreement on the fair market value of the collateral. At worst, both sides end up before the bankruptcy court, putting forth evidence. In such cases, the debtor risks the court either granting the creditor's motion for "relief from the automatic stay" or ultimately denying the debtor's plan for reorganization. The creditor risks court costs and more attorney fees, both of which add to the loss if the judge decides in the debtor's favor.

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Discipline Corner

Discipline Corner

On March 25, 2002, the Honorable Thomas M. Higbee, Fifth Judicial District Court, Civil No. 010501706, entered an Order of Disbarment disbarring Garry Erickson from the practice of law for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a) (Communication), 1.5(a) (Fees), 1.15(b) (Safekeeping Property), 1.16(d) (Declining or Terminating Representation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.

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Legislative Update: 2002 General Legislative Session

During the course of the 2002 General Legislative Session, the Legislative Affairs Committee was active in reviewing legislation pertinent to the interests of the Bar. This was a different session in that it began two weeks early and broke for two weeks for the Winter Olympic Games. As a result, few bills were presented and we had an opportunity for a bit more deliberation than has been usual. Many bills that concerned us were substantially amended to make them more palatable.

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Letters to a Young Contrarian

It was in the early years of the twentieth century that Rainer Maria Rilke wrote"Letters to a Young Poet." In essence an epistolary treatise on poetry, it is the progenitor of Hitchens' twenty-first century epistolary treatise on dissent. Though poetry and dissent may certainly have common ground (after all, didn't Bertolt Brecht write that"Art is not a mirror held up to reality, but a hammer with which to shape it?"), the genealogy of the two has more to do with form than content.

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Me? A Collection Attorney? Hardly! I Am a Litigator With High Visibility Clients. The FDCPA is for ‘Debt Collectors’!

When you think about it, nearly all attorneys are "collectors." Lawyers are hired to improve the state of their clients, usually through a transfer of funds or property. Although we might not think of ourselves as "collection attorneys," those we pursue may disagree.

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Message from the Chair

Don't forget that the third Thursday in May of each year is Legal Assistants Day, as proclaimed by Governor Leavitt. In connection with Legal Assistants Day the LAD is sponsoring events in St. George, Provo and Salt Lake City. Watch for your invitations and plan to attend these events and show your support of Legal Assistants.
All members of the Legal Assistant Division (LAD) should mark their calendars for Friday, June 7, 2002, for the LAD Annual Meeting and Seminar. It will be held at the Law and Justice Center in Salt Lake City.

In addition to a great lineup of CLE topics and speakers, members will be participating in the LAD Annual Meeting and voting on new Directors. There are many positions open. Hopefully many LAD Members will choose to become involved by running for a Director position. At the Annual Meeting Members will be voting on amendments to the LAD Bylaws. This will also be an opportunity to volunteer for various committees for the coming year.

Registration forms and a detailed agenda will be mailed in May for this very important, annual event. Hope to see you there.

Response to President’s Message: The Price We Pay (or, Two Fortunes for Bob)

Call me Ishmael. On second thought, don't. It's not my name. I just always wanted to say it, and, you have to admit, it is a proven catchy opener. But, hear me out. It could save you a "fortune," maybe two "fortunes."

I read Scott Daniels' article "Is the Office of Professional Conduct the Grand Inquisitor? - What Lawyers Need to Know if Faced With a Bar Complaint," in the March 2002 Utah Bar Journal, then promptly threw it in the trash in anger. But then, I have a notoriously bad temper - have thrown a lot of things away in anger, including relationships I cherished, which I deeply regret.

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State Bar News

Commission Highlights

During its regularly scheduled meeting March 21, 2002, which was held in St. George, the Board of Commissioners received the following reports and took the actions indicated.

1.John T. Nielsen reported on the Legislative Session. He told the Commission that the Bar had recommended supporting sixteen bills in the last legislative session. Of those bills, fifteen passed and one bill failed. Of the seven bills which the Commission opposed, only two passed. John T. Nielsen thanked David Bird for his help with mitigating the severity of problems relating to the revisions in the JCC provisions. John concluded his report by informing those present that the Legislature had increased various court filing fees approximately $15-20 which will raise nearly $2.8 million in state revenues. John also updated the Commission on several recent items of interest. Alicia Suazo will not be running for election and Nisa Sisneros, a Hispanic woman lawyer at Salt Lake Legal Defenders, has been slated as Alicia's successor to run for that seat. Utah Bar member Greg Bell is seeking Senator Terry Spencer's seat and attorney Patrice Arent will be running against Steve Poulton in the Holladay area

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About May 2002

This page contains all entries posted to Utah Bar Journal in May 2002. They are listed from oldest to newest.

April 2002 is the previous archive.

June 2002 is the next archive.

Many more can be found on the main index page or by looking through the archives.

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