[WSBAPT] use of Bankruptcy to protect trust assets

John White white at livengoodlaw.com
Tue Sep 29 10:07:13 PDT 2015


I recommend Jim Dickmeyer, and have copied him on this response so you may communicate directly if you wish.


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John J. White, Jr.
425.822.9281 Ext. 7321
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white at livengoodlaw.com<mailto:white at livengoodlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, September 29, 2015 9:35 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] use of Bankruptcy to protect trust assets

Caller is seeking referral to an attorney for advice about protection from collection on a personal guarantee made by decedent. Guarantee enforcement risk is substantial, with $100s of thousands at risk.
Decedent guaranteed loan during life time. All assets in Revocable Living Trust at death. No known defenses to payment under guarantee. Bank working on foreclosure, to be followed by action for deficiency on loan under guarantee agreement.

Decedent's successor trustee filed non-probate notice to creditors. Bank filed claim.
Successor trustee now wants advice from a debtor-creditor attorney or bankruptcy attorney. Not a garden variety bankruptcy issue, to my thinking.
Suggestions for referral?

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

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