King Bankruptcy Media THE CONSUMER BANKRUPTCY LETTER
 In This Issue: MAR. 22, 2004 
•   TAX DISCHARGE ACADEMY DATES SET
•   CHAPTER 13 PLAN CAN'T DISCHARGE SCHOOL LOAN
•   LAWYERS UNHAPPY WITH PROFESSION
•   FEATURED BOOKS at Bankruptcybooks.com
•   POLITICS MAY DELAY REFORM BILL AGAIN
•   BANKRUPTCY HUMOR
 TAX DISCHARGE ACADEMY DATES SET
KING BANKRUPTCY ACADEMY SCHEDULES 3-DAY SEMINARS ON DISCHARGING TAXES - LAS VEGAS & SAN FRANCISCO

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 & 10, and at FISHERMAN'S WHARF, San Francisco, October 27, 28, 29, 2004.

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 hands-on handlng of tax discharge cases.

Early registration for the September program saves $100 off the regular enrollment fee of $695. All 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.

Enroll For Discharging Taxes in Bankruptcy BankruptcyAcademy.com

 LAWYERS UNHAPPY WITH PROFESSION
By W. DALE NELSON
Star-Tribune correspondent

LARAMIE -- Today's lawyers are "an unhappy lot" and many of them wish they had gone into some other line of work, U.S. Supreme Court Justice Sandra Day O'Connor told an overflow audience in a University of Wyoming concert hall Tuesday.

Speaking as the inaugural lecturer in a College of Law series on ethics and professionalism, O'Connor said ethical standards have declined since she went to law school in an era when people "trusted and respected" lawyers.
"Job dissatisfaction among lawyers is widespread, profound and growing worse," she said. Studies have shown that lawyers are three times as likely as those in other professions to suffer depression, and that drug dependency, divorce and suicide are also significantly more common among them, she told the audience.

A California study showed lawyers to be "profoundly pessimistic about the future of the legal profession" and found that only half said they would enter the profession if they had it to do over again, she said. Similarly, at the 30th anniversary of her Stanford Law School class, "the vast majority" said in response to a question that they would not do it over again if they had the choice to make.

BANKRUPTCY THIS WEEK

 POLITICS MAY DELAY REFORM BILL AGAIN
With a presidential election looming, sluggish job growth and military action continuing in Iraq, candidates for the White House and Congress must find ways to move their message out to their core constituencies and gain the attention of voters, a major barrier to bipartisanship. Consumer issues are likely to gain greater traction as the year wears on as well if key Democrats jump ship to wait for more consumer-friendly legislation. This is likely to lead to a delay in bankruptcy reform or emergence of a bill that incorporates a wide range of the credit card industry would view as watering down the impact of the law. And in the Senate, expect the abortion language to be back, which the Republican-controlled Congress again would find hard to swallow.

SOURCE: Hoovers Online / Card News Mar. 17, 2004

BankruptcyReformNews.com

 CHAPTER 13 PLAN CAN'T DISCHARGE SCHOOL LOAN
Held, the bankruptcy court did not err in vacating the debtor's student loan discharge pursuant to Fed. R. Civ. P. 60(b)(4) on the grounds that her educational loan creditor was denied due process of law by the Debtor's discharge of her student loan through her plan rather than by filing a separate adversary proceeding.

In re Ruehle (6th Cir. BAP 2004)
____________________

Held, a debtor who followed his estate planner's advice with respect to prepetition transfers to a family member lacked the fraudulent intent required for denial of his discharge.  Although expert opinion indicated that the transfers lacked estate planning benefits, the debtor's intent was to accomplish estate planning thus negating fraudulent intent.

In re Meyer (Bankr. N.D. Ill. 2004)
____________________________

Held, the bankruptcy court did not err in finding that a debtor's tax liabilities were nondischargeable under 11 USC 523(a)(1)(C) where the debtor/attorney: (i) led a lavish lifestyle, (ii) used nominee bank accounts and (iii) had the ability to pay the taxes

In re Gardner (6th Cir. 2004)
___________________________

Held, a bankruptcy trustee cannot amend a preference complaint after limitations have run to add new preference causes of action.  Each transfer is a separate preference, and a transfer not pled prior to limitations running cannot be added through amendment on a relation back theory.

In re MBC Greenhouse Co. (Bankr. DE 2004)

LAW UPDATES

 FEATURED BOOKS at Bankruptcybooks.com
Kings combo, CHAPTER 7 LAW & PRACTICE + CHAPTER 13 LAW & PRACTICE - save $58 / To order this book click on image at right . . .

Morgan King, FEES & ETHICS IN CONSUMER BANKRUPTCY CASES

Pamela I. Everett, BANKRUPTCY COURTS & PROCEDURES

Dahlstrom, BANKRUPTCY CODE & RULES BOOKLET

William Elliott, FEDERAL TAX COLLECTIONS, LIENS & LEVIES

Michael Crames and Herbert Edelman, FUNDAMENTALS OF BANKRUPTCY & CORPORATE REORGANIZATION

Stephanie Wickouski, BANKRUPTCY CRIMES

Morgan King, DISCHARGING TAXES IN BANKRUPTCY
____________________________

For online bankruptcy case legal research, visit SearchCases.com

Click here to explore BankruptcyBooks.com

 BANKRUPTCY HUMOR
ROOKER FELDMAN'S APHORISMS FOR LIVING

A fool and his money are soon elected.
A lack of leadership is no substitute for inaction.
A penny saved is ridiculous.
According to the official figures, 43% of all statistics are totally worthless.
After all is said and done, usually more is said than done.
All I ask is the chance to prove that money cannot make me happy.
Almost everything in life is easier to get into than to get out of.
Any tool dropped while repairing a car will roll underneath to the exact center.
Anything that doesn't eat you today is saving you for tomorrow.
Being a good communicator means people find out what is really wrong with you.
Don't stop to stomp on ants when the elephants are stampeding.
Everybody should believe in something, I believe I'll have another beer.
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