KING'S FUNDAMENTALS
OF
CONSUMER BANKRUPTCY PRACTICE
TABLE OF
CONTENTS
PART
1
OVERVIEW
OF CONSUMER BANKRUPTCY
PRACTICE
PART
2
DEBT
RELIEF AGENCIES
PART
3
THE
LAW OF CHAPTER 7
PART
4
THE
LAW OF CHAPTER 13
PART
5
PREPARING
THE OFFICE TO HANDLE CONSUMER BANKRUPTCY
CASES
PART
6
THE
CLIENT INTERVIEW
PART
7
THE
CREDIT BRIEFING
PART
8
THE
MEDIAN INCOME AND MEANS TESTS
PART
9
PREPARING
THE FORMS AND FILING THE CASE
PART
10
THE
MEETING OF CREDITORS
PART
11
POST-PETITION
TASKS, DEADLINES AND PROBLEMS
APPENDIX
(contents may change)
FLOW
CHARTS
- Flow-chart
#1 - Handling a case
- Flow-chart
#2 - Handling a case cont'd
- Flow-chart
#3 - Figuring disposable
income
- Flow-chart
#4 - The means test
- Flow-chart
#5 - Another means test chart
- Flow-chart
#6 - The credit briefing
- Flow-chart
#7 - The state exemptions
- Flow-chart
#8 - Calculating the Chapter 13 plan
payment
- Flow-chart
#9 - When are Disclosures
Required?
CHECKLISTS
- Checklist
# 1 - Preparation for practice under the
Act
- Checklist
# 2 - Client interview
checklist
- Checklist
# 3 - Documents to request from
client
- Checklist
# 4 - Documents to file
- Checklist
# 5 - Deadline checklist - 26
items
- Checklist
# 6 - Debtor's post-petition
duties
- Checklist
# 7 - Duties of a debt relief
agency
- Checklist
# 8 - Look-back time periods
- Checklist
# 9 - Debtor's motions
- Checklist
# 10 - New grounds for
dismissal
- Checklist
# 11- Checklists of certifications for
filing
- Checklist
# 12 - Traps For The Unwary
REQUIRED
DISCLOSURE STATEMENTS
- Disclosure #
1 Per § 527(b)
- Disclosure #
2 Per §527(a)(1) &
342(a)(2)
- Disclosure #
3 Per §527(a)(2)
- Disclosure #
4 Per §527(c)
- Disclosure #
5 Per §342(b)(2)(A) &
(B)
- Disclosure
# 6 Per §
524(k)
-
THE
CD
- Official
Rules
- Official
Forms
- Calculators
- IRS
standards and other
information
- Checklists
- Flow-charts
- Texts of
Guide, The Reform Act, and other
material
- Other
forms
- Miscellaneous
-
ABOUT
THE CD
The
CD contains the complete text of the book,
plus useful flow-charts, checklists, forms
and other important
resources
RETURN
TO CONTENTS
DETAILED
TABLE OF CONTENTS
PART
I: OVERVIEW OF CONSUMER BANKRUPTCY
PRACTICE
1.1
A COMPLICATED FIELD OF LAW
1.2
VARIETIES OF BANKRUPTCY
1.3
THE BASIC PROFILE OF A CONSUMER BANKRUPTCY
CASE
1.4
PUBLIC POLICIES BEHIND BANKRUPTCY
1.5 DEBT RELIEF
AGENCIES
1.6 THE BANKRUPTCY
SYSTEM
1.7
CONSEQUENCES OF FILING BANKRUPTCY
RETURN
TO CONTENTS
PART
II: DEBT RELIEF AGENCIES
2.1
ARE YOU A "DEBT RELIEF AGENCY"?
2.2
ASSISTED PERSON DEFINED
2.3
BANKRUPTCY ASSISTANCE DEFINED
2.4
CONSIDERATION PAID
2.5
ATTORNEY'S DUTIES AND TASKS
2.6
WHERE DEBTOR IS NOT AN ASSISTED
PERSON
RETURN
TO CONTENTS
PART
III: THE LAW OF CHAPTER
7
3.1
GENERALLY
3.2
VENUE
3.3 THE DEBTOR
3.4
PRE-BANKRUPTCY REQUIREMENTS
3.5
THE PETITION AND OTHER FILING
DOCUMENTS
3.6
THE AUTOMATIC STAY
3.7
VIOLATIONS OF THE STAY
3.8 RESPONDING TO VIOLATION OF
THE STAY
3.9
DUTIES OF THE DEBTOR
3.10
THE ESTATE
3.11
THE TRUSTEE'S POWERS AND DUTIES
3.12
THE MEETING OF CREDITORS
3.13
EXEMPTIONS / PROPERTY THAT IS NOT PROPERTY OF THE
ESTATE
3.14
OBJECTION TO EXEMPTIONS
3.15
CLAIMS
3.16 PRIORITY
CLAIMS
3.17
GENERAL UNSECURED CLAIMS
3.18
SECURED AND UNDERSECURED CLAIMS
3.19
PROOF OF CLAIM
3.20
FILING CLAIM ON BEHALF OF CREDITOR
3.21
OBJECTING TO CLAIMS
3.22
EXECUTORY CONTRACTS AND LEASES
3.23
PREFERENCE AVOIDANCE
3.24
FRAUDULENT TRANSFERS
3.25
APPOINTMENT FOR SPECIAL PURPOSE
3.26 SETTLEMENT OF DEBTOR-TRUSTEE
DISPUTES
3.27
DEATH OR INCOMPETENCY OF DEBTOR
3.28
CONVERSION OF CASE
3.29 DISMISSAL OF CHAPTER 7
CASE
3.30 THE FINAL
DISCHARGE
3.31
EXCEPTIONS TO DISCHARGE
3.32
LITIGATING DISCHARGEABILITY
3.33
DENIAL OF DISCHARGE
3.34
DISTRIBUTION FROM THE ESTATE
3.35
CLOSING THE CASE
3.36
THE "CHAPTER 20
3.37
REOPENING CLOSED CASE
3.38
REVOCATION OF DISCHARGE
3.39
THE PERMANENT DISCHARGE
3.40
WITHDRAWING FROM THE CASE
3.41
RELIEF FROM JUDGMENT
RETURN
TO CONTENTS
PART
4: THE LAW OF CHAPTER 13
4.1
ELIGIBILITY FOR CHAPTER 13
4.2
VENUE
4.3
MANDATORY CHAPTER 13
4.4
CALCULATING THE PLAN PAYMENT
4.5 WHERE CHAPTER 13 IS OPTIONAL
4.6
TREATMENT OF CLAIMS IN CHAPTER 13
4.7
CHAPTER 13 PLAN PROVISIONS
4.8 CONFIRMATION HEARINGS
4.9
PLAN PAYMENTS
4.10
[reserved
4.11
COMMENCING THE CASE
4.12
THE AUTOMATIC STAY
4.13 POSTPETITION FILING
REQUIREMENTS IN CHAPTER 13
4.14
DUTIES OF THE CHAPTER 13 DEBTOR
4.15 THE CHAPTER 13
DISCHARGE
4.16
WHAT
IS NOT DISCHARGEABLE IN CHAPTER 13?
4.17 DENIAL OF DISCHARGE IN
CHAPTER 13
4.18 REVOCATION OF
DISCHARGE
RETURN
TO CONTENTS
PART
V: PREPARING THE
PRACTICE
5.1
PREPARATION FOR HANDLING CASES
5.2. PREPARE A WRITTEN FEE
AGREEMENT
5.3 OBTAIN STATE INCOME DATA FOR
MEDIAN INCOME TEST
5.4 OBTAIN THE IRS EXPENSE
STANDARDS
5.5
SECURE THE LIST OF CREDITORS' DESIGNATED
ADDRESSES
5.6
PREPARE LANGUAGE REQUIRED IN
ADVERTISING
5.7 PREPARE WRITTEN
DISCLOSURES
5.8 [reserved
5.9
PREPARE FORMS OR DOCUMENTS THAT MUST BE
FILED
5.10
PREPARE PRO FORMA ANNUAL FINANCIAL
STATEMENT
5.11
REVISE YOUR USUAL IN-HOUSE
CHECKLISTS
5.12
PREPARE NEW CASE-HANDLING CHECKLISTS
5.13
SECURE COPIES OF IRS FORMS TO REQUEST
TRANSCRIPTS
5.14
PREPARE TO CONDUCT A PROBING INQUIRY
5.15
COMPUTER SOFTWARE FOR CALCULATIONS
5.16
REVISED FORMS FILING SYSTEMS
RETURN
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PART
VI: THE CLIENT
INTERVIEW
6.1
IN GENERAL
6.2
WHO SHOULD CONDUCT THE INTERVIEW
6.3
USING FORMS AND CHECKLISTS
6.4
KEY STEPS IN HANDLING A NEW CASE
6.5
[reserved]
6.6
CONDUCT A PROBING INTERVIEW
6.7
AUTOMATIC STAY LOOKBACK PERIODS
6.8 EXEMPTIONS & EXCLUSIONS FROM
ESTATE LOOKBACK PERIODS
6.9 DISCHARGE OF DEBTS LOOKBACK
PERIODS
6.10 CRAMDOWN LOOKBACK
PERIODS
6.11 MISCELLANEOUS LOOKBACK
PERIODS
6.12
PROVIDE WRITTEN DISCLOSURES &
INSTRUCTIONS
6.13
IDENTIFY NEEDED DOCUMENTATION
6.14
EXPLAIN DEBTOR'S POSTPETITION DUTIES
6.15
AFTER THE INTERVIEW
6.16
DO THE MATH ON THE MEDIAN INCOME AND MEANS
TESTS
6.17
CONDUCT DUE DILIGENCE TO VERIFY
INFORMATION
RETURN
TO CONTENTS
PART
VII: THE CREDIT BRIEFING
7.1
CREDIT BRIEFING
7.2
WHAT IS THE PURPOSE OF THE CREDIT
BRIEFING?
7.3
THE NATURE OF THE REQUIRED BRIEFING
7.4
DEBTOR MAY BE EXEMPT FROM PRE-FILING
BRIEFING
7.5
COURT CLERK WILL MAINTAIN LIST OF APPROVED
AGENCIES
7.6
CONSEQUENCES OF FAILURE TO DO CREDIT
BRIEFING
7.7
FILING CERTIFICATE & PAYMENT
PLAN
7.8
CONTENT OF CERTIFICATE OF EXIGENT
CIRCUMSTANCES
7.9
CANNOT REQUIRE A FEE
7.10
CANNOT REPORT TO A CREDIT REPORTING
AGENCY
7.11
CREDITOR SANCTIONED FOR REFUSAL TO
COOPERATE
7.12
PAYMENTS NOT AVOIDABLE AS PREFERENCE
7.13
QUALIFICATIONS FOR CREDIT COUNSELING
AGENCIES
RETURN
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PART
VIII: THE MEDIAN INCOME AND MEANS
TESTS
8.1
IN A NUTSHELL
8.2
IS THE MEDIAN INCOME OR MEANS TESTS
REQUIRED?
8.3
CONDUCTING THE MEDIAN INCOME TEST
8.4 CALCULATING CURRENT MONTHLY INCOME
8.5
THE MEANS TEST
8.6
DOING THE MEANS TEST
8.7
CHOICE: DISMISS OR CONVERT TO CHAPTER
13
8.8
FILING STATEMENT OF INCOME & MEANS TEST
CALCULATION
RETURN
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PART
IX: PREPARING THE FORMS FOR
FILING
9.1
REQUIRED FORMS
9.2
BAPCPA CHANGES & ADDITIONAL
FORMS
9.3
ATTORNEY'S PRE-FILING REVIEW
9.4
CLIENT REVIEW AND SIGNATURES
9.5
FILING THE PETITION & OTHER REQUIRED
DOCUMENTS
9.6
MANDATORY E-FILING
9.7
CALENDAR CRITICAL DEADLINES &
FOLLOW-UP
9.8
REVIEW THE AUTHOR'S CHECKLIST OF TRAPS FOR THE
UNWARY
RETURN
TO CONTENTS
PART
X: THE MEETING OF
CREDITORS
10.1
IN GENERAL
10.2
HEARING ON CONFIRMATION OF CHAPTER 13
PLAN
10.3
NOTICE OF MEETING OF CREDITORS
10.4
CREDITOR REPRESENTATION AT THE
MEETING
10.5 DEBTOR'S
PERSONAL ATTENDANCE MAY BE EXCUSED
10.6
TAX RETURNS REQUIRED TO BE FILED
10.7
RETURN OR TRANSCRIPT OF RETURN
10.8
PERFORM INTENTIONS
10.9
PERFORM INTENTIONS IN CHAPTER 7
10.10
COMPLETE FINANCIAL MANAGEMENT COURSE
10.11
U.S. TRUSTEE'S REVIEW FOLLOWING THE
MEETING
10.12
ADVISE DEBTOR ABOUT DOCUMENTS THAT MUST BE
BROUGHT
10.13
PREPARE CLIENT FOR TRUSTEE'S
EXAMINATION
10.14
ADDITIONAL EXAMINATION OF THIS
DEBTOR
RETURN
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PART
XI: POST-PETITION TASKS &
ISSUES
11.1 IN
GENERAL
11.2
POST-PETITION DEADLINES CHECKLIST
11.3
POTENTIAL PROBLEMS WITH THE AUTOMATIC
STAY
11.4
PERFORM INTENTIONS - REAFFIRM OR
REDEEM
11.5
MOTIONS TO DISMISS OR CONVERT
11.6
PROVIDE COPY OF MOST RECENT FEDERAL TAX
RETURN
11.7
FILE 4 YEARS OF PREPETITION RETURNS IN CHAPTER
13
11.8
FILE ALL POSTPETITION TAX RETURNS
11.9
DIFFERENT DEFINITION OF RETURN FOR DIFFERENT
PURPOSES
11.10
MOTION TO EXTEND TIME
11.11
ASSUME OR REJECT
11.12
CONTINUATION OF EVICTION PROCEEDINGS
11.13
PROVIDING PROOF OF ADEQUATE PROTECTION
PAYMENTS
11.14
ANNUAL INCOME / EXPENSE STATEMENT
11.15
COMPLETE REQUIRED CREDIT BRIEFING WITHIN
30
11.16
PRE-DISCHARGE HEARING IN CHAPTER 13
11.17
NOTICE TO SECURED CREDITORS
11.18
THE FINANCIAL MANAGEMENT COURSE
11.19
NOTICE OF AMENDED SCHEDULE ADDING A
CREDITOR
11.20
FILE PROOFS OF CLAIM FOR TAXING
ENTITIES
11.21
HEARING ON CONFIRMATION OF PLAN
11.22
NOTICE OF MEETING OF CREDITORS
11.23
LOOKBACK FOR FRAUDULENT TRANSFERS IS
EXTENDED
11.24
AVOIDANCE OF TRANSFERS TO TRUSTS
11.25
PAYMENTS NOT AVOIDABLE AS PREFERENCE
11.26
CONVERSION FROM CHAPTER 13 TO CHAPTER
7
11.27
CERTAIN DOCUMENTS MUST BE FILED WITHIN 45
DAYS
11.28
DISMISSAL OF CHAPTER 7 FOR CERTAIN
CRIMES
11.29
NON-PURCHASE-MONEY LIEN AVOIDANCE
11.30
DISMISSAL FOR FAILURE TO PAY DOMESTIC
SUPPORT
11.31
MOTION TO EXCUSE CREDIT BRIEFING
REQUIREMENT
11.32
NEW FILING PERIODS
11.33 CONVERSION FROM ONE CHAPTER
TO ANOTHER
11.34
MOTION TO REDUCE CREDITOR'S CLAIM
11.35
MOTIONS REQUIRED BY LOCAL PRACTICE
11.36
POSTING DEPOSIT WITH UTILITY COMPANY
RETURN
TO CONTENTS
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WHAT
THEY SAY ABOUT
KING'S GUIDE TO PRACTICE UNDER THE
BANKRUPTCY ABUSE PREVENTION &
CONSUMER PROTECTION ACT OF 2005
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