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THE CONSUMER BANKRUPTCY LETTER |
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In This Issue:
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June 14, 2004
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BankruptcyAcademy.com - Seminars Scheduled
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CAN'T ATTEND ACADEMY? BUY THE BOOK!
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NO ACTION ON REFORM EXPECTED
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FOOD BILL $1,200 FOR THREE?
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NACBA NAMES CHAMPION OF CONSUMER RIGHTS
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DISCHARGING TAXES IN BANKRUPTCY
KING BANKRUPTCY ACADEMY SCHEDULES 3-DAY SEMINARS ON DISCHARGING TAXES - LAS VEGAS, SAN FRANCISCO & SAN ANTONIO
The first dates scheduled for the 5th annual Bankruptcy Academy program on discharging taxes in bankruptcy cases have been scheduled for
LAS VEGAS, Nevada, on Sept. 8, 9 and 10, 2004;
FISHERMAN'S WHARF, S. F., on October 27, 28 & 29, 2004,
SAN ANTONIO, Texas, January 27, 28 & 29, 2005.
Additional 2005 dates are pending for Atlanta, Georgia, and Boston, Mass.
Principal presenters will be; Morgan King, attorney and author of Discharging Taxes in Bankruptcy; Charles F. Rosen, former chief of the Los Angeles IRS office of Special Procedures (bankruptcy, insolvency); Eric M. Casper, formerly Senior Trial Attorney, Tax Division, U.S. Department of Justice - Washington, D.C.; and Robert N. Kolb, formerly with the IRS and recently the prevailing attorney for the debtor/taxpayer in two important appellate cases.
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.
Early registration before July 1 saves $50 off the regular enrollment fee of $695. And, with a double enrollment, the second tuition fee is 1/2 price!
Previous programs have qualified for CLE in all states for which CLE accreditation was requested. On request the Academy will assist in obtaining CLE accreditation for an enrollee's state.
For more information about the Tax Discharge program, or to enroll, click on red below.
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NACBA CONFERS PRESTIGIOUS AWARD ON
ATTORNEY O. MAX. GARDNER
Washington, D.C. The National Association of Consumer Bankruptcy Attorneys has named O. Max Gardner III of Shelby, North Carolina, as its 2004 “Champion of Consumer Rights.” This Award was presented to Gardner at the Annual Meeting of NACBA in Boston. In presenting the Award, Matthew Mason, the President of NACBA, stated that it was given “in recognition of and appreciation for Max Gardner's extraordinary service in protecting American consumers and, in particular, for Max's critical role in preserving the rights of consumer debtors in need of bankruptcy relief.” The Award also recognized Gardner's “unparalleled efforts in protecting the rights of the former employees of the Shelby Yarn Company by his innovative and unique use of the bankruptcy laws to obtain more than $2,000,000.00 in damages and monetary recoveries from the former owners, directors, officers and attorneys for the Company.”
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10 Rules from the ABA to Avoid Malpractice Claims:
To avoid many, if not most complaints, you should:
1. Discuss fees and expectations and the legal process at the first meeting with clients so that they have an opportunity to understand clearly what you can and cannot do for them, what it will cost, and how long it should take. Use estimates, if necessary.
2. Have a written fee agreement clearly stating what you will do, what you will not do, what is or is not covered by the fees, and any other factors you feel are important to you and to the clients as outlined in Rule 1.
3. Bombard your clients with paper mail, faxes and e-mail, keeping them informed of what is happening, including letters explaining why nothing is happening. The client's file should almost duplicate your file.
4. Return all telephone calls promptly (within two hours, if possible) or have someone take them and return them for you, but never ignore them. If you are unable to make telephone contact with the party, leave a voice-mail message or send an e-mail, postcard, form letter, or fax indicating that you tried to return the call. Put the ball back into their court.
5. Be honest and open when a case is lost. Tell the client as rapidly as possible after you find out. Never lie to a client. The client may come back in the future or refer other clients to you.
6. Be “holier than thou” when handling a client's money. To quote an old proverb (which I just created), “It is better to see your kids without new clothes than to touch the client's trust money.” .
7. Cooperate fully with the next lawyer and the client if you are discharged.
8. Respond immediately to communications from disciplinary boards or investigators. Offer immediate access to yourself and to your files. If you have any questions concerning an investigation, hire an ethics or professional responsibility lawyer. You may wish to call me for a “gut reaction” to your situation. It is possible that if you or your lawyer respond rapidly enough, a file will not be opened on the complaint.
9. Keep accurate time records detailing what you did and when you did it. Retain old records, including notes of telephone calls and conferences, until the statute of limitations for malpractice expires.
10. Read, reread, and remember the ABA Model Rules of Professional Conduct as adopted by your state.
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JOHN D. PENN NAMED ABI NEXT PRESIDENT
April 26, 2004, Alexandria, Va. — The American Bankruptcy Institute (ABI) announces that John D. Penn of Haynes and Boone (Fort Worth, Texas) is President-Elect of the ABI. He will become President for a one-year term, beginning with ABI’s Annual Spring Meeting in 2005. He has served on the 60-member ABI Board of Directors since 1997, and as a member of the Executive Committee since 2001, most recently serving as Vice President of Publications.
Mr. Penn is a partner at Haynes and Boone and has over 20 years of experience in representing parties in business bankruptcy cases,
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KING'S DISCHARGING TAXES IN BANKRUPTCY
5th ed. • 915 pages • 75 exhibits and checklists • over 1,000 cases cited • indexed
This book has been called "the bible" for discharging taxes in consumer bankruptcy cases. Used by thousands of lawyers, trustees, judges and other tax professionals across the country, it explains in simple yet comprehensive terms what kinds of taxes can be erased, when they can be erased, and how they can be erased in chapter 7, 13, or 11. It covers all the issues and traps for the unwary. This book is even used by revenue officers!
Says Ike Shulman, former President of the National Association of Consumer Bankruptcy Attorneys, "Every serious bankruptcy practitioner should have this book!"
At BankruptcyBooks.com
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707(b) - DEBTORS DENIED CHAPTER 7 DUE TO OVERSTATED BUDGET ITEMS
Debtors seek to maintain large house and car payments, 401(k) contributions and loan payments, overstated utility budgets, excess food expenditures, excessive "medical" expenses, which are, in reality, activity fees for their daughter's activities, and expensive private school tuition. These things, in and of themselves, are not bad, but, in the aggregate, demonstrate substantial abuse of the Chapter 7 process. Accordingly, the instant case will be dismissed unless the Debtors file a motion to convert their case to Chapter 13 within ten days of entry of this order.
Debtors have an annual combined income of approximately $150,000. Their unsecured debts, totaling approximately $80,000, are primarily consumer debts, consisting mostly of credit cards and a deficiency obligation on a boat.The debtors' budget included $410/month for repayment of pension plan loan; $1,200/month for family of three; $320/month for home maintenance, much of it spent on the swimming pool; $900/month for daughter's parochial school. The daughter's tennis lessons and participation at a local country club and for diving lessons were lumped into "medical expenses" to the tune of $750/month.
Noting that there is a split in authority as to whether payment of tuition for a child's private schooling is reasonably necessary, the court reserved ruling on that item pending conversion to chapter 13.
IN RE: RATHBUN (N.D. Texas 2004)
[ed note; this is the kind of case that gives us and all clients a bad name. we should be wary of accepting the client's glib explanations for budget times that stick out like a sore thum. GLIB: Marked by ease and fluency of speech or writing that often suggests or stems from insincerity, superficiality, or deceitfulness.]
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PUBLISHED BY KING BANKRUPTCY MEDIA FOR BANKRUPTCY PROFESSIONALS 7080 Donlon Way Suite 222 Dublin California 94568 (925) 829-6460
© King Bankruptcy Media 2004 CONTACT US AT editor@bankruptcymedia.com
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