[WSBAPT] Apparently insolvent estate

[Ron Housh]

Related question:  are DSHS claims typically (always?) unsecured?  

 

For example, in an insolvent estate where there is a secured creditor - note
holder with a recorded deed of trust - would a DSHS claim be subordinate?

 

Thanks!

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Monday, July 27, 2015 11:54 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Apparently insolvent estate

 

How many other unpaid creditors do you have?  If few, might talk with DSHS
re: keeping the non-intervention powers, by them getting everything after
the others are paid.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C. 

 

10101 - 270th St. NW 

P.O. Box 249 

Stanwood, WA 98292 

(360) 629-2900 (Telephone) 

(360) 629-0220 (Fax) 

 

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On 7/27/2015 11:44 AM, Lovie Bernardi wrote:

Dear listmates,

 

I recently opened an intestate probate with limited assets that appeared
solvent at the time of filing. One asset, part ownership in a tavern
(actually shares of stock in the small corporation that owns the tavern),
has yet to be valued (we've just started negotiations for a buyout by the
other owner.) A car is up for sale on Craigslist. When I arrived at the
office this morning there was a large envelope from DSHS, a creditor's claim
for $90,000 for medical bills paid out over several years, and a request for
special notice. The PR was unaware of this possible claim.

 

I realize I need to file a Notice of Apparent Insolvency and schedule a
hearing, with notice to heirs, unpaid creditors and those requesting special
notice.  What can be done in the meantime, pending the hearing? Can the PR
sell the car if she receives offers? The special notice statute requires
notice of petitions to sell assets of the estate, and under her
nonintervention powers would not have petitioned the court for the sale of
the car. Can we negotiate the sales price of the tavern and complete the
sale?  If anyone has a sample of something they've filed, that would be
appreciated. Thanks in advance for your help.

 

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

 

 <mailto:joni at sbfirm.com> lovie at sbfirm.com

 <http://sbfirm.com/> http://sbfirm.com

 

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