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Despite the limited representations made and corresponding indemnity, the trustee is concerned about being personally liable to the purchaser related to the transaction.A Liquidating Trustees Liability Insurance policy may be obtained, allowing the transaction to close.The judge told him to think about it, and the hearing ended shortly after.New counsel was ultimately assigned, and Egerson did not mention proceeding pro se again.After a jury trial, he was sentenced to 12 years in prison with 11 years of extended supervision.He filed a post-conviction motion, seeking a new trial on the grounds that the circuit court violated his right to self-representation by denying his request. And in , 2017AP797-CR (July 17, 2018), a three-judge panel for the District I Appeals Court affirmed that decision, concluding that Egerson’s self-representation request was not clear and unequivocal.
A liquidating trust was established to maximize the value in the liquidation of certain assets of a reorganized entity.
Egerson said the state had not turned over everything, but the judge stopped him and said he wasn’t the lawyer of record.
At that point, Egerson requested to represent himself with co-counsel. Egerson starting complaining about the assistant district attorney and all the charges against him and asked to represent himself without co-counsel.
Although the trust was represented by legal and other professional advisors during the sale of the property, one of the trustees (formerly the CEO of the grantor entity) was personally involved in the sale.
The building was sold with very limited representations and warranties because the trustees intended to make a final distribution to all beneficiaries and then liquidate the trust.
However, Liquidating Trustees Liability Insurance can provide a backstop where the trust may ultimately lack the financial wherewithal to support these obligations.