King Bankruptcy Media THE CONSUMER BANKRUPTCY LETTER
In This Issue: November 29, 2004 
•   ACADEMY NEXT STOP - TEXAS!
•   NEW! ACADEMY WEB CASTS
•   PENDING EVENTS, SEMINARS & CLE
•   HEADS-UP ON RECENT CASES
•   REFORM DEAD FOR 2004
•   BANKRUPTCY HUMOR
ACADEMY NEXT STOP - TEXAS!
DISCHARGING TAXES - THE POWER SEMINAR!

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

SAN ANTONIO, TEXAS

JANUARY 27, 28, 29 2005

Additional 2005 dates are pending.

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 $645 until Jan. 1, 2005
Single attorney after Jan. 1, 2005 $695
Texas attorneys only - single attorney $595
Double attorney registration any location $995
Paralegal or other office staff any location $350
Enrolled agent or CPA any location $495

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

CLICK HERE ENROLL IN THE TAX DISCHARGE SEMINAR

CLICK HERE FOR MORE INFO
PENDING EVENTS, SEMINARS & CLE
December 2-4, 2004
AMERICAN BANKRUPTCY INSTITUTE
Winter Leadership Conference 
Marriott's Camelback Inn, Scottsdale, AZ 
Contact: 1-703-739-0800 or
abiworld.org

December 17, 2004
BANKRUPTCY ACADEMY LIVE WEB CASTS
BankruptcyAcademy.com

January 27, 28, 29 2005
KING BANKRUPTCY ACADEMY
Discharging Taxes in Bankruptcy From A to Z
San Antonio, Texas
(925) 829-6460
BankruptcyAcademy.com

February 10-12, 2005
AMERICAN BANKRUPTCY INSTITUTE
Rocky Mountain Bankruptcy Conference
Denver, Colorado
Contact: 1-703-739-0800 or
abiworld.org

February 26 - March 1 2005
NORTON INSTITUTES OF BANKRUPTCY LAW
Park City, Utah
nortoninstitutes.org

April 9-12 2005
NORTON INSTITUTES OF BANKRUPTCY LAW
Las Vegas, NV
nortoninstitutes.org

April 29 - May 1 2005
NACBA Annual Convention
San Diego, California
nacba.org

MORE INFO ON PENDING EVENTS & SEMINARS

EVENTS & CLE
REFORM DEAD FOR 2004
BANKRUPTCY REFORM DIES ANOTHER DEATH

Congress finished most of its lame-duck session and left town Saturday, leaving a bankruptcy-reform bill to die on the vine once again, CardLine sister publication Credit Union Journal Daily reports today. Lawmakers may return for a brief attempt to vote on recommendations by the 9/11 Commission, but only if agreement can be reached on the key recommendations, according to John McKechnie, chief lobbyist for the Madison, WI-based trade group Credit Union National Association. "It doesn't look as if they're going to get to our stuff," McKechnie, referring to the bankruptcy measure, told CUJ Sunday.

The bill, long sought by credit card issuers and other lenders, would make it tougher for individuals to walk away from unsecured debt, relegating more consumers instead into reorganizations. The proposal has been lingering since the House and Senate passed it last year because both chambers have yet to agree on a single version to send to President Bush. This would be the fourth straight Congress that a bankruptcy bill has died.

cardforum.com
__________________

FREE CREDIT REPORTS START DECEMBER 1

Beginning on December 1, 2004, free annual credit reports will be made available upon consumer's request, pursuant to the Fair and Accurate Credit Transactions Act of 2003 (“FACT”).

The reports will be available across the country in four stages: Dec. 1, Alaska, Hawaii, and other Western states; March 1, Midwestern states; June 1, Southern states; New England and other Eastern states, Sept. 1.

Consumers will be able to request their reports from all three major credit reporting agencies, at a special web site, AnnualCreditReport.com; the credit report will appear on the screen and may be printed out. Or, they may call 1-877-322-8228, or write to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
______________________

FEDERAL DEBT SKYROCKETS

On Nov. 19, Congress rather unceremoniously raised the federal debt ceiling, the amount of money that Congress allows the Federal Treasury to borrow, by $800 billion, meaning that the government can now go up to $8.18 trillion in debt. Unceremoniously, because our government had already breached its previous limit and was taking money out of pension accounts to keep the government running, not something the Republican majority was keen to highlight.

The Republican stewardship of our treasury has been far from responsible over the past four years. At President Bush's first inauguration, our federal debt stood at about $5.6 trillion. Thanks to budget surpluses caused by the boom years of the 1990s and President Clinton's dedicated deficit reduction effort, this debt was decreasing.

Since Bush took office, however, our debt has increased by about 30 percent.

In the fiscal year that ended in September, our government paid $321 billion in interest payments. A recent Washington Post editorial estimated that at the current pace, "interest costs will account for almost 10 percent of federal spending in the next decade."

Kevin Collins, DailyPennsylvanian.com

HEADLINES

BANKRUPTCY THIS WEEK
NEW! ACADEMY WEB CASTS
FOR THE FIRST TIME . . . THE BANKRUPTCY ACADEMY OFFERS ONLINE SEMINARS

ON YOUR MONITOR - LIVE VIDEO PROGRAMS

INSTRUCTOR: MORGAN KING
TUITION FEE $49.95 @
DATE & TIME: Dec. 17, 10:00 a.m. through 4:00 p.m.
CHOICE OF TOPICS:

- PROTECTING FEES IN CONSUMER BANKRUPTCY CASES
- USING IRS TAX TRANSCRIPTS
- CHAPTER 13 DEBT LIMITS UNDER § 109(e)
- WHAT YOU NEED TO KNOW ABOUT TAX LIENS

CLICK FOR MORE INFO ABOUT THESE TOPICS

HEADS-UP ON RECENT CASES
RES JUDICATA DOES NOT APPLY UNLESS ISSUES ARE SUFFICIENTLY RELATED

Where claims by a debtor are subject to arbitration, it is proper for the bankruptcy court (rather than an arbitrator) to determine whether res judicata arising form confirmation of the debtor's plan bars the claims before they are sent to arbitration.

Res judicata did not bar the debtor's claims, even though both the debtor and the defendant were involved in the bankruptcy case. The relief sought in the adversary proceeding was not sufficiently related to the issues resolved at confirmation to give rise to res judicata. In addition, where a disclosure statement or plan specifically reserve actions for further adjudication, res judicata does not apply. Where fraud is not discovered until after confirmation, res judicata does not apply to bar the fraud claim.

Where a debtor, at the time of confirmation, was not aware of the facts giving rise to a claim against its consultant, the debtor's failure to disclose such claim in its disclosure statement does not bar the claim under principles of judicial estoppel.

In re EXDS, Inc. (Bankr. DE 2004)

BANKRUPTCY CASE UPDATE

BANKRUPTCY CASE UPDATE
BANKRUPTCY HUMOR
Business is the art of extracting money from another man's pocket without resorting to violence.  ~Max Amsterdam

Bankruptcy stared me in the face, but one thought kept me calm; soon I'd be too poor to need an anti-theft alarm.  ~Gina Rothfels

Today, there are three kinds of people:  the have's, the have-not's, and the have-not-paid-for-what-they-have's.  ~Earl Wilson

Creditors have better memories than debtors.  ~Benjamin Franklin

Another way to solve the traffic problems of this country is to pass a law that only paid-for cars be allowed to use the highways.  ~Will Rogers

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
 CLICK HERE TO SUBSCRIBE TO THIS E-LETTER - FREE!