King Bankruptcy Media THE CONSUMER BANKRUPTCY LETTER
In This Issue: January 17 2005 
•   TAX DISCHARGE PROGRAM IN JANUARY!
•   From BankruptcyBooks.com
•   FEATURED SITE #4: HOME VALUE SEARCH
•   HEADS-UP ON RECENT CASES
•   CREDIT CARD FEES JUMP IN 2004
•   BANKRUPTCY HUMOR
TAX DISCHARGE PROGRAM IN JANUARY!
THERE ARE STILL SEATS AVAILABLE!

DISCHARGING TAXES - THE POWER SEMINAR!

JOIN MORGAN KING & YOUR COLLEAGUES FROM AROUND THE COUNTRY ...

SAN ANTONIO, TEXAS at the Marriott RiverCenter

JANUARY 27, 28, 29 2005

The 3-day seminar and workshop will be a thorough exploration of bankruptcy remedies for delinquent taxes and tax liens in consumer bankruptcy cases (chapter 7 and chapter 13), emphasizing practical handlng of tax discharge cases from A-to-Z.

CLE ACCREDITATION

Previous programs have qualified for CLE in all states for which CLE accreditation was requested. The Academy is applying for attorneys' CLE accreditation in all states for which CLE is mandatory.

CPE accreditation from the IRS for enrolled agents has been approved.

TUITION

Single attorney $695
Texas attorneys only - single attorney $595
Double attorney registration $995
Paralegal or other office staff $350
Enrolled agent or CPA $495

For more information about the Tax Discharge program, or to enroll, click on THE ALAMO at right, or call (925) 829-6460 west coast time.

CLICK HERE TO ENROLL IN THE TAX DISCHARGE SEMINAR

CLICK HERE FOR MORE INFO
FEATURED SITE #4: HOME VALUE SEARCH
FIND THE FMV OF YOUR CLIENT'S HOME IN SECONDS

In this era of increasing risk to homestead exemptions due to rapid rises in home values, the debtor's attorney must be especially careful in determining the actual fair market value of the debtor's residence. Nothing can substitute for a written professional appraisal. However, the attorney can obtain a valuable rough estimate of the FMV of the debtor's home in about 60 seconds on his computer, with Bank of America's online Home Value Search. This service will provide an almost instant market value for stand-alone homes and condominiums, as well.

You simply enter the address and press a button. In about 5 seconds you receive a report which gives the low and high range for the current fair market value, plus additional information such as square footage, total number of rooms, the year the house was built, the number of bedrooms, whether or not it has a pool, and etc.

It also provides actual comparable recent sales within a 1/2 mile range of the house.

The value estimates provided are not infallible, and may tend to err on the high side. They may also not take into consideration recent additions that may raise the value, or needed major repair work such as new roof or dry rot that may bring the value down.

But despite its lack of 100% dependability, it helps provide the attorney an instant approximation of the house value, which may help guide the consultation with the client about the possible risk of losing the house in a chapter 7 bankruptcy.

There is no charge for the service.

CLICK HERE TO VISIT THIS WEB SITE

116 BEST WEB SITES
CREDIT CARD FEES JUMP IN 2004
CREDIT CARD FEES SKYROCKET

Americans shelled out more than $24 billion in credit card fees last year, an 18% jump over the previous year. The figure does not include balance transfer fees, foreign exchange fees, fees for ancillary services, or miscellaneous fees for account research which could easily push the number above $30 billion. During 2004, consumers were charged $14.8 billion in penalty fees, specifically late payment fees and over-limit fees. Annual fees edged up from $3.4 billion to $3.5 billion. Cash advance fees increased 9% from $5.6 billion to $6.1 billion. According to R.K. Hammer Investment Bankers, U.S. credit card issuers produced an estimated $50.8 billion in fee income last year, with half the fees coming from merchants.

SOURCE: CardWeb.com
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BANKRUPTCY FILINGS DIP IN 2004

The bankruptcy filing rate, which declined last year for the first time since 2000, will likely remain flat or continue to decline during the last quarter of 2004, but may turn up again in the first quarter of 2005, based on trends in consumer debt levels, credit card default rates, according to data analyzed by the American Bankruptcy Institute (ABI). Three variables published by the Federal Reserve: the financial obligations ratio, the credit card default rate, and the credit card charge-off rate, appear to correlate with, and lead, the consumer bankruptcy filing rate. While all three variables suggest that the downward trend is likely to continue when data is reported for the fourth quarter of 2004, an increase in the financial obligations ratio in the third quarter suggests that filings may begin to increase again in early 2005.

SOURCE: ABIworld.com News Room

CLICK HERE FOR MORE NEWS AND LAW UPDATES

BANKRUPTCY THIS WEEK
From BankruptcyBooks.com
TIRED OF EXPLAINING BANKRUPTCY CONCEPTS TO YOUR CLIENTS?

LET NEW EDUCATIONAL VIDEO EASE YOUR BURDEN

Simply park your client in front of a PC somewhere and push the “Play” button. Your client is treated to an entertaining and expertly produced 29-minute primer on Chapter 7 and/or Chapter 13 law and procedure.

CLICK HERE TO ORDER THIS VIDEO

HEADS-UP ON RECENT CASES
COLLATERAL ESTOPPEL SHOULD HAVE BLOCKED RELITIGATION

In a bankruptcy suit, the district court erred in not applying principles of collateral estoppel to a Louisiana appellate court's findings on the issue of whether a debt owed by defendant was for a willful and malicious injury.

RASPANTI v. KEATY (5th Cir. 2005)
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CHAPTER 11 ADMINISTRATIVE EXENSES KEEP STATUS AFTER CONVERSION

Postpetition employment tax debt, incurred as an administrative expense of a Chapter 11 bankruptcy estate, retains its first priority administrative expense status upon conversion to a Chapter 13 bankruptcy plan.

US v. FOWLER (9th Cir. 2005)
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BANKRUPTCY LAWS PREEMPT STATE ON PREFERENCE AVOIDANCE

Federal bankruptcy law has two major goals: the discharge of a debtor and the equitable distribution of assets. State laws that implicate either of those goals are field preempted by federal bankruptcy law. A state law that gives an assignee for the benefit of creditors (but not individual creditors) the right to avoid a preference is preempted by federal bankruptcy law.

Sherwood Partners, Inc. v. Lycos, Inc. (9th Cir. 2005)
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RES JUDICATA DOES NOT REQUIRE PRIOR MATTER TO HAVE ACTUAL HEARING

In a section 523(a)(6) case, the bankruptcy erred by failing to give preclusive effect to a State court's findings on the grounds that the issue had not been actually litigated because there had been no hearing. There is nothing in the case law defining the term "actually litigated" to require a trial or evidentiary hearing. The requirement that an issue be "actually litigated" for collateral estoppel purposes simply requires that the issue is raised, contested by the parties, submitted for determination by the court, and determined.

In re Keaty (5th Cir. 2005)

BANKRUPTCY CASE UPDATE

BANKRUPTCY CASE UPDATE
BANKRUPTCY HUMOR
A recent edition of U.S. News & World Report contained a list of things THAT SHOULD HAVE BEEN SAID, and who should have said them, during the last presidential election. Here are a few:

Bush on Kerry's campaigning: “He went around the country stirring up apathy.”

The media on Kerry's speeches; “The secret of a good speech is to have a good beginning and a good ending and to have the two as close together as possible.”

Republican Speaker Dennis Hastert on Democratic Minority Leader Nancy Pelosi: “She has all the qualities of a leader, except followers.”

Theme of single women from Sex And The City: “Men are like parking spaces: All the good ones are taken and the rest are for the handicapped.”

Sen. Hillary Clinton on feminism: “If the world were a logical place, men would ride horses sidesaddle.”

The press on the country's reaction to the choice between Bush and Kerry: “It was the evil of two lessers.”

PUBLISHED BY KING BANKRUPTCY MEDIA FOR BANKRUPTCY PROFESSIONALS 7080 Donlon Way Suite 222 Dublin California 94568 (925) 829-6460. Morgan D. King, Editor.
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