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THE BOOK FEATURED ON THIS PAGE

Vance & King
CRACKING THE MEANS TEST
In Consumer Bankruptcy Cases

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TABLE OF CONTENTS & CD CONTENTS

ABOUT THE AUTHORS

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ABOUT THIS BOOK
BY
CATHERINE VANCE
MORGAN KING


with law editing & contributions by
JAMES COSSITT
MARC STERN
ROBIN MILLER
1st ed. • Comb binding • 330 pages • Exhibits • Hundreds of cases cited • Indexed • with CD

Our distinguished professionals tackle the most daunting "math" tasks imposed by BAPCPA in consumer bankruptcy cases. These include,

  • Who must do the median income test?
  • What are consumer debts?
  • What is "primarily"?
  • Household size defined
  • How to conduct the Median Income Test 
  • What is, and is not, "income"?
  • How to conduct the Means Test
  • What is "income" for the means test?
  • Expenses - transportation
  • Expenses - secured debts
  • Expenses - priority claims
  • Presumption of abuse
  • What constitutes rebuttal of presumption? 
  • Above-median chapter 13 debtors 
  • Using the IRS Collection Standards
  • Emerging and unsettled issues
  • Traps & Overlooked issues
  • Common Means Test Mistakes 

Book comes with CD containing full text for easy issue research. Exhibits include handy checklists, flow-charts, replies to motion to dismiss or convert,

THE KING BANKRUPTCY PRACTICE SERIES
RELEASE 2012 #1 SKU 204-A

 

THE PRACTICING ATTORNEY'S GUIDE TO
THE MEDIAN INCOME TEST
& THE MEANS TEST
& GROUNDS FOR DISMISSAL UNDER § 707
IN CONSUMER BANKRUPTCY CASES

2012

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This book " ... is a wonderful addition to the written materials available on the Means Test. A useful and terrific volume!"

- Douglas B. Jacobs, Esq.
Dean of Students & Professor of Constitutional and Bankruptcy Law, Cal Northern School of Law
 

 

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In Consumer Bankruptcy Cases

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Cracking The Means Test
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TABLE OF CONTENTS

 

¶ 1. OVERVIEW OF SECTION 707

§ 1.1 Generally

§ 1.2 Three key math tasks

a. Calculation of CMI

b. The median income test

b. The means test

§ 1.3 Other BAPCPA math

¶ 2. The Median Income Test

§ 2.1 Who is subject to the median income test

§ 2.2 What is "consumer" debt?

§ 2.3 What is "primarily"?

§ 2.5 What is "Current Monthly Income"?

a. The Code definition

b. What is "income"?

c. What is "derived"?

d. Whose income is included?

e. What period of time?

f. Other "income" issues

§ 2.6 "Household" versus "Family" Income

§ 2.7 "Regularly" contributed to household expenses

§ 2.8 "Median" state income

¶ 3. The Means Test

§ 3.1 What is "income" for the means test?

§ 3.2 Permissible expenses

a. Are IRS Manual interpretations applicable in bankruptcy?

b. Expense for secured claim where collateral surrendered?

c. Surrender in full satisfaction?

d. Tithing and charitable expenses

e. Business expenses

§ 3.3 The means test formula

¶ 4. Presumption of Abuse

¶ 5 Special Circumstances

¶ 6 Other Grounds For Dismissal

¶ 7 Form B22A

 

 

 

 

 

 

 

 

ABOUT OUR DISTINGUISHED AUTHORS
EDITORS & CONTRIBUTORS 

CATHERINE E. VANCE

Ms. Vance is formerly Vice President of Research and Policy and Associate General Counsel at Development Specialists, Inc., resident in the firm's Columbus, Ohio, office.

Ms. Vance has written extensively on matters related to bankruptcy and other matters affecting the debtor/creditor relationship and insolvency proceedings. Most recently, she served as Contributing Editor and author of ATTORNEY LIABILITY IN BANKRUPTCY, (ABA 2006). She has also written

on such varied issues as insurance insolvency, pensions, and fiduciary duty issues for insolvent cooperatives, as well as articles on the bankruptcy reform process. Prior to joining DSI, Inc., Ms. Vance served as the Commercial Law League of America's legal writer and analyst.

She is a regular contributor to the Bankruptcy Yearbook and Almanac,

Co-authoring the publication's annual legislative update, and she served as Associate Editor for the 94th edition of the National Association of Credit Management's Manual of Credit an Commercial Laws. A United States Army veteran, Ms. Vance received her Bachelor’s Degree, magna cum laude, from the Ohio State University and is a graduate of the Ohio State University College of Law, where she was awarded the American Bankruptcy Institute's Medal for Excellence in Bankruptcy Studies.

MARC S. STERN

Marc Stern has been in solo practice since 1981, formerly employed as an associate in the Firms of Bruce T. Thurston and with Ritchie & Thurston. Marc obtained his J.D. from the University of Idaho College of Law in 1977, and his A.B. cum laude from Washington University.

He has broad experience includes representation of trustees in Chapter 7 cases, of State Court Receivers in King County Superor Court, and as a receiver in those courts. He is board certified as a Business Bankruptcy Specialist, Commercial Law League Academy of Commercial and Bankruptcy Law Specialists, and the American Board of Certification.

His publications include articles and essays in General Practice Newsletter (WSBA), ABA Law Practice Management, King County Bar Bulletin, and others.

Stern's reported bankruptcy decisions include: In re Puget Sound Plywood, Inc. 924 F.2d 955 (9th Cir. 1991); In re Shorb, 101 Bankr.185 (9th Cir. BAP 1989); In re Borste, 117 Bankr. 995 (Bkrtcy.WDWA 1990), In re Western Farmers Association, 13 Bankr. 132 (Bkrtcy.WDWA 1981).

JAMES H. COSSITT

James Cossitt has over 20 years of legal experience in the areas of bankruptcy, workouts, secured transactions, UCC, commercial litigation and consumer finance and business law.  

Originally from the Midwest, Jim attended law school at the University of Iowa. He served as a Chapter 7 panel trustee in the ND Iowa from 1988 to 1995 and as a Chapter 11 trustee in the WD Michigan from 1997 to 2000. He is admitted to practice law in the state and federal courts of Montana, Colorado, Michigan and Iowa, is Board certified in both Business & Consumer and Bankruptcy Law by the American Board of Certification and is a member of the American Bar Association, American Bankruptcy Institute, and National Association of Bankruptcy Trustees.

Jim also serves as the Montana editor of West Group's Bankruptcy Exemption Manual; is on the Board of Directors for the American Board of Certification; chaired the Best Practices Working Group, that drafted  "Working Paper: Best Practices for Debtors' Attorneys, Task Force on Attorney Discipline Best Practices Working Group, Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Processes, ABA Section of Business Law"  64 Bus. Law, 79  (2008); and was an active task force member and co-author of Task force on Attorney Discipline, Ad Hoc Committee on Bankruptcy Court Structure & Insolvency Process, Attorney Liability Under Section 707(B)(4) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 61 Bus. Law. 697 (2006).

ROBIN MILLER

Robin Miller, member number 87865 of the State Bar of California. I received my education at Brown University and Boston University School of Law. I have been a legal writer, researcher and editor for over 25 years. See my list of publications.

After law school, my first job was as a legal editor at Bancroft-Whitney in San Francisco, one of the country's oldest legal publishers, dating to the 1850s, and now part of Thomson West. While I had assumed that I would practice law, I found that a more scholarly approach to the law was consistent with my personality and my background as a math major in college.

I had long wanted to publish a legal newsletter but, so long as the publishing paradigm was print, the start-up expense seemed too great a hurdle. Now that electronic publishing has arrived, there is an opportunity for small publishers. I decided to commit myself to consumer bankruptcy law, and I now work full-time (and then some!) publishing Consumer Bankruptcy Abstracts & Research (CBAR).

 
 

 


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