This book has been submitted for peer review and law editing by members of NACBA - The National Association of Consumer Bankruptcy Attorneys.

STEP 1

ROADMAP TO HANDLING A CONSUMER CASE

• 1.1 Know the key changes
• 1.2 The roadmap
• 1.3 Preparing the office
• 1.4 The probing client interview
• 1.5 The credit briefing
• 1.6 The median income and means tests
• 1.7 Changes in exemptions and discharge of debts
• 1.8 Selecting the chapter & commencing the case
• 1.9 The meeting of creditors
• 1.10 Post-petition issues & tasks
• 1.11 Proceed to Step 3

STEP 2

OVERVIEW & SUMMARY OF KEY PROVISIONS

• 2.1 Overview
• 2.2 Background & legislative intent
• 2.3 Step-by-step roadmap
• 2.4  Review of key provisions
• 2.5 Lawyers held to greater accountability
• 2.6 Lawyers must state they are debt relief agencies
• 2.7 Filing fee changes
• 2.8 Written fee agreement required
• 2.9 New disclosures & instructions to client required
• 2.10 Audits of schedules, etc.
• 2.11 Credit briefing required
• 2.12 Proof of income and calculation of income required
• 2.13 New notice provisions
• 2.14 Names of debtors' children not disclosed
• 2.15 Time between bankruptcy filings is extended
• 2.16 Chapter “20” is restricted
• 2.17 Median income and means tests: presumption of abuse
• 2.18 Must provide trustee & any party in interest the most recent tax return filed
• 2.19 Exemptions and exclusions
• 2.20 Value of collateral is retail value for like condition
• 2.21 Assumption or rejection of leases & executory contracts
• 2.22 Preference payments in ordinary course of business
• 2.23 Tax returns must be filed by 7 & 13 debtors
• 2.24 Lookback period for fraudulent transfers extended
• 2.25 Transfers to trusts avoidable
• 2.26 Automatic stay restricted or terminated
• 2.27 Financial management course required for discharge
• 2.28 Dismissal for failure to file documents
• 2.29 Budget guidelines based on irs expense standards
• 2.30 Collateral lost for failure to reaffirm or redeem
• 2.31 Chapter 7 trustees' fees
• 2.32 Forced conversion to chapter 13 under § 707(b)
• 2.33 Dismissal of chapter 7 for certain crimes
• 2.34 Discharge of some debts restricted
• 2.35 Abuse presumed if income exceeds allowable IRS and code §707(b) expenses
• 2.36 Preferential transfers
• 2.37 Additional filings required for chapter 13 debtors
• 2.38 Cramdown of vehicle & other personal property in chapter 13 is restricted
• 2.39 Child and spousal support raised to higher priority
• 2.40 Conversion or dismissal if domestic support not paid
• 2.41 Chapter 13 super-discharge is restricted
• 2.42 Changes affecting discharge of taxes
• 2.43 Charitable or religions contributions
• 2.44 Mandatory chapter 13 must be for 5 years
• 2.45 Creditor retains lien until chapter 13 plan completed
• 2.46 Adequate protection payments in chapter 13
• 2.47 Interest on non-dischargeable debts in chapter 13
• 2.48 Effect of conversion from chapter 13 to 7
• 2.49 Additional hearing required for chapter 13 discharge
• 2.50 A study of credit practices
• 2.51 Petition preparers held to greater accountability
• 2.52 Effective dates
• 2.53 New official rules and forms
• 2.54 Proceed to step 2

STEP 3       

PREPARING THE PRACTICE

• 3.1 Preparation for handling cases
• 3.2 The written fee agreement
• 3.3 Obtaining state income data
• 3.4 Obtaining the IRS expense standards
• 3.5 Securing the creditors's filed addresses for notice
• 3.6 Preparing disclosures required in advertising
• 3.7 Preparing written disclosures to client
• 3.8 Preparing written instructions to client
• 3.9 Preparing forms or documents to file with petition
• 3.10 Prepare a pro-forma annual financial statement
• 3.11 Revising your in-office forms and checklists
• 3.12 Prepare new checklists
• 3.13 Secure copies of IRS forms
• 3.14 Prepare to conduct probing inquiry
• 3.15 Consider new software applications to calculate the budget, etc.
• 3.16 Proceed to Step 4.

STEP 4

THE CLIENT INTERVIEW

• 4.1 In general
• 4.2 Who should conduct the interview?
• 4.3 Using forms and checklist
• 4.4 Key steps in handling a new case
• 4.5 Is client an “assisted person”?
• 4.6 Conduct a probing interview
• 4.7 Provide written disclosures and instructions
• 4.8 Identify needed documentation
• 4.9 Explain the debtor's postpetition duties in bankruptcy
• 4.10 After the interview
• 4.11 Do the median income and means tests arithmetic
• 4.12 Conduct an inquiry to verify the information provided
• 4.13 Proceed to Step 5 - The Credit Briefing

STEP 5

THE CREDIT BRIEFING

• 5.1 Credit briefing required before filing
• 5.2 The purpose of the credit briefing
• 5.3 Nature of the credit briefing
• 5.4 Debtor may be exempt
• 5.5 Court clerk will maintain list of approved agencies
• 5.6 Filing the certificate and payment plan
• 5.7 Content of certificate of exigent circumstances
• 5.8 Cannot require fee
• 5.9 Cannot report to a credit reporting agency
• 5.10 Creditor sanctioned for refusal to cooperate
• 5.11 Payments not avoidable as preference
• 5.12 Qualifications for credit counseling agencies

STEP 6

CONDUCTING THE MEDIAN & MEANS TESTS

• 6.1 The means test in a nutshell
• 6.2 Restricted to consumer debt cases
• 6.3 The median income test
• 6.4 The means test
• 6.5 Figuring disposable income
• 6.6 Flow-chart aides
• 6.7 Applying the results
• 6.8 Dismissal or conversion to chapter 13

STEP 7

EXEMPTIONS & DISCHARGE OF DEBTS

• 7.1 In general
• 7.2 Exemptions
• 7.3 Discharge of debts
• 7.4 Chapter 13 super-discharge is restricted
• 7.5 Changes affecting discharge of taxes

STEP 8

SELECTING THE CHAPTER & COMMENCING THE CASE

• 8.1 In general
• 8.2 Time between bankruptcies extended
• 8.3 Mandatory chapter 13
• 8.4 Optional chapter 13
• 8.5 Treatment of claims in chapter 13
• 8.6 Calculating the chapter 13 plan payment
• 8.7 Post-petition filing requirements for chapter 13
• 8.8 Attorneys' fees in chapter 13
• 8.9 The confirmation hearing
• 8.10 Additional hearing required for chapter 13 discharge
• 8.11 Preparation of documents to file
• 8.12 Chapter 7
• 8.13 Counseling the client
• 8.14 Filing the case
• 8.15 New notice requirements
• 8.16 Effect of the automatic stay
• 8.17 Calendar critical deadlines
• 8.18  The meeting of creditors

STEP 9

THE MEETING OF CREDITORS

• 9.1 In general
• 9.2 Hearing on confirmation of chapter 13 plan
• 9.3 Notice of meeting of creditors
• 9.4 Creditor representation at meeting
• 9.5 Tax returns required in chapter 13
• 9.6 Return or transcript provided to trustee
• 9.7 Perform intentions
• 9.8 Perform intentions
• 9.9 U.S. Trustee post-moc review
• 9.10 Advise the debtor

STEP 10

POSTPETITION ISSUES & TASKS

• 10.1 In general
• 10.2 Postpetition deadline checklist
• 10.3 Motion to prevent termination of stay
• 10.4 Perform intentions - reaffirm or redeem
• 10.5 Motion to dismiss or convert under ¬ß 707(b)
• 10.6 Provide copy of most recent federal tax return
• 10.7 File 4 years of prepetition returns in chapter 13
• 10.8 File all postpetition tax returns
• 10.9 Different definitions of tax returns
• 10.10 Motion to extend time
• 10.11 Assume or reject lease or executory contract
• 10.12 Cure of lease default
• 10.13 Proof of adequate protection
• 10.14 Annual income & expense statement
• 10.15 The postpetition credit briefing
• 10.16 The pre-discharge hearing in chapter 13
• 10.17 Notice of insurance coverage to secured creditors
• 10.18 The financial management course
• 10.19 Notice of amended schedules
• 10.20 File proof of claim for taxes
• 10.21 Hearing on plan confirmation
• 10.22 Notice of meeting of creditors
• 10.23 Lookback period for fraudulent transfers extended
• 10.24 Avoiding transfers to trusts
• 10.25 Certain payments not avoidable as preferences
• 10.26 Conversion of chapter 13 to chapter 7
• 10.27 Certain documents filed not later than 45 days after case filed
• 10.28 Dismissal of chapter 7 where debtor convicted of certain crimes
• 10.29 Purchase-money lien avoidance

APPENDIX

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 - 22 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
• Chgecklist # 10 - New grounds for dismissal
• Checklist # 11 - Bodow's Chapter 7 Interview Checklist
• Checklist # 12 - Bodow's Chapter 13 Interview Checklist
• Checklist # 13 - Additional Time Increments
• Checklist # 14 - Certifications to file
• Checklist # 15 - Traps For The Unwary

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)

PLUS

• Yerbich Synopsis of Key Changes in The Code
• O. Max Gardner's Chapter 7 Fee Agreement
• O. Max Gardner's Chapter 13 Fee Agreement
• Certification of Request For Waiver of Pre-Petition Credit Counseling
• Certification of completion of Financial Management Course
• Motion To Continue Automatic Stay

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
• 

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"I have been a practicing consumer bankruptcy lawyer for almost 20 years.  When the 2005 BAPCPA law was enacted, I had almost come to the conclusion that my bankruptcy practice was over - the text of the new law is confusing, contradictory and often internally inconsistent.  Morgan King's Guide to the 2005 BAPCPA is the main reason I am still in practice. Mr. King's Guide offers a step by step, practical roadmap for practice under the new laws.  I refer to it constantly.  I cannot see how any consumer bankruptcy law practitioner could possibly navigate the minefield of post-BAPCPA practice without this Guide.  It contains checklists, spreadsheets, client handouts and substantive comment.  I frequently teach continuing education seminars about bankruptcy to other lawyers and my first recommendation is to purchase Mr. King's Guide." - Jonathan Ginsberg, Atlanta, GA."

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"Morgan King (not-related and I don't get a commission) has put together an extremely useful guide to practice under the new law. It includes all kinds of wonderful checklists, sample agreements for services, sample handouts and other materials. And pretty much walks you through everything you need to do to be ready to practice under the new law.  It costs a little less than $200 I think and is worth every penny of it. I commend it to your attention." - Jerry Harper, Topeka, KS

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The book comes bundled with the CD library - but
the CD is available as a stand-alone without the book

PRODUCT 101-E

ORDER THE BOOK ON CD BY ITSELF
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CONTENTS OF CD LIBRARY THAT COMES
WITH THE GUIDE 

Folder 1: Interim Official Rules

Folder 2: New Official Forms

• Form 22A
• Form 22B
• Form 22C
• Form 23
• Form 24
• Form 19B
• Form 3B

Folder 3: Calculators

• 6-month gross income spreadsheet
• 6-mont gross income calculator
• Current monthly income (CMI) calculator
• Means test calculator by EZ-Filing
• Means test calculator by EZ-Filing ver. 2
• Means test calculator
• Means test calculator
• Calendar date calculator
• BAPCPA Date Calculator
• Simple homestead exemption calculator
• Current Monthly Income calculator
• Simple homestead exemption calculator

Folder 4: Checklists

• Checklist # 1 - Preparation for practice
• Checklist # 2 - Client interview checklist
• Checklist # 3 - Documents to request
• Checklist # 4 - Documents to file
• Checklist # 5 - Deadline checklist - 22 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
• Chgecklist # 10 - New grounds for dismissal
• Checklist # 11 - Bodow's Chapter 7 Interview
• Checklist # 12 - Bodow's Chapter 13 Interview
• Checklist # 13 - Additional Time Increments
• Checklist # 14 - Certifications for filing
• Checklist # 15 - Traps For The Unwary
• Paul Snyder's Document Request Checklist

Folder 5: Flow-charts

• Chart #1 - Handling a case
• Chart #2 - Handling a case cont'F
• Chart #3 - Figuring disposable income
• Chart #4 - Means test
• Chart #5 - Means test, alternate chart
• Chart #6 - The credit briefing
• Chart #7 - Figuring the homestead exemption
• Chart #8 - Calculating the chapter 13 plan payment
• Chart #9 - When Must Disclosures Be Given?

Folder 6: Texts on pdf

• Full text Guide To Practice Under The Bankruptcy Reform Act
• Full text of BAPCPA
• Full text House Judiciary Committee Report S256 H.R. 109-31
• Full text House Judiciary Democrats' Dissent
• Thomas Yerbich Section-by-Section Synopsis of the Act
• Full text The NACBA analysis of the Reform Act
• Full text CRS Report For Congress Feb. 3 2005

Folder 7: IRS Resources

• Text of the IRS Manual chapter on Financial Collection Standards
• IRS Form 4506 Request For Information
• IRS Form 4506-T Request For Transcript of Return
• IRS Form 2848 Power of Attorney
• IRS Form 8821 ‚ Tax Information Authorization

Folder 8: Other forms

• Credit Counseling Waiver Certification
• Consent to Release Credit Report
• Credit Counseling Certification
• Order re: Request For Continuation of Automatic Stay
• Certification of Filing

Folder 9 - Fee agreements

• Initial Consultation fee agreement
• Chapter 7 fee agreement
• Chapter 13 fee agreement

Folder 10 - Miscellaneous

• Judge Davis' Order
• O. Max Gardner CMI Statement
• O. Max Gardner's Vehicle Information Form

---

 ABOUT

King's Guide to Practice
Under The Bankruptcy Reform Act of 2005

This book is updated & supplemented periodically as needed.

There are 4 ways to get the update supplements:

1. The most recent update comes with any purchase of the book;

2. You can subscribe to the online update which provides frequent updates;

3. You can purchase the most recent update in booklet form separately.

4. You can download the current update - no waiting

The most recent update - supplement is 2007 # 1 through 06/30/2007 and is 71 pages of additions, amended text, pertinent cases, and other updates. Click here to order the most recent 66-page Update - Supplement in hard copy.

Click here to make a suggestion, ask a question, or express an opinion about the Guide. Or go to ReformGuide.com

A number of lawyers have graciously devoted their time, advice and document contributions to The Guide. Among these are:

• Wayne R. Bodow
• O. Max Gardner
• Norma Hammes
• James Gold
• Charles R. Tropp
• Jay S. Fleischman
• William Weber
• Howard Goldstein
• George C. Heck
• Michael J. Primus
• Marylin G. Miller
• Denice Patrick
• Paul Stewart Snyder
• Thomas J. Yerbich
• Adam G. Schachter
• David Andersen
• Andrew Temin
• Gary Holt
• Edward Doney
• Edward Laughlin
• Richard Cartwright
• Kevin Chern
• Brett Weiss
• David Reichel
• Kathy Cruz
• Carmen Dellutri
• John Lang
• David Sergi

[If you have contributed something (an opinion, a document, a calculator, anything ...) and you don't find your name here, e-mail me stat! morgan@ReformGuide.com ]

1. SUMMARY OF CONSUMER BANKRUPTCY PROVISIONS OF REFORM ACT BY HON. EUGENE R. WEDOFF 
2. BAPCPA ISSUES & ANSWERS
3. CENSUS FIGURES FOR MEDIAN INCOMES
4. IRS COLLECTION STANDARDS
5. INTERIM OFFICIAL RULES
6. NEW AND REVISED BANKRUPTCY FORMS
7. LIST OF APPROVED CREDIT COUNSELING AGENCIES
8. LIST OF APPROVED FINANCIAL MANAGEMENT COURSE AGENCIES
9. NEWS AND UPDATES ABOUT THE REFORM ACT
10. STATE EXEMPTIONS
11. LISTING OF CHAPTER 13 ADMINISTRATIVE EXPENSE %
12. NOTICE OF DOMESTIC SUPPORT AGENCIES
13. OBTAIN TRANSCRIPTS OF RETURNS IN 24 HOURS
14. OBTAIN CREDIT REPORTS ONLINE - INSTANT
15. ONLINE INSTANT HOME VALUATION BY BANK OF AMERICA
16. ONLINE CREDIT COUNSELING - APPROVED
17. CALCULATE LOOKBACK OR LOOKFORWARD DATES ONLINE

CLICK HERE 
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As a consumer bankruptcy professional and a subscribed member of The Bankruptcy Academy (BankruptcyAcademy.org) you get free membership in the Bankruptcy Listserv.

This is a network of almost a thousand lawyers across the country, most of whom own and use one or more of Morgan King's books, and who practice consumer bankruptcy law under BAPCPA.

As a participant, you will receive e-mail posted by any of these members, and you may post your response, or post your own message, question, complaint, suggestion, opinion, or insight regarding law or procedure under the Reform Act, or the content of King's Guide.

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This is the greatest way to keep in touch with your professional colleagues. Learn from their experience, and share your own.

In addition, as a subscribing member, you will receive updates and announcements posted by Bankruptcy Media, referenced to the respective sections of King's Guide to Practice, King's Discharging Taxes, and King's Fees & Ethics in Consumer Bankruptcy Practice.

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know people don't like to read all of those listserv messages that can overwhelm the inbox.  I'll pass on a few tricks I learned in being on the NACBA listserv that kept my inbox from getting jammed up, and turned those messages into a quick issue primer.

1. Create a subfolder to the inbox.  Make a rule that all messages coming from UpdateForum get immediately shunted to that folder.

2. If you aren't using it already, go to Google's website and download the free Google Desktop application.  It will index your hard drive, and even does network drives.  All of your emails will get indexed as well.

3. When you want to research an issue, open Google Desktop, and to search discussions on the listserv on, say, §1328 issues, type in "UpdateForum" and "1328."

It did not take long before I had tens of thousands of NACBA messages.  They did not clog my inbox.  I could find insightful discussions of all sorts of topics this way.