King Bankruptcy Media THE CONSUMER BANKRUPTCY LETTER
In This Issue: October 17, 2004 
•   FISHERMANS' WHARF IN 10 DAYS!
•   BankruptcyBooks.com - FEATURING KINGSPRESS
•   PENDING EVENTS, SEMINARS & CLE
•   HEADS-UP ON RECENT CASES
•   DEBT NEGOTIATORS FORM ORGANIZATION
•   BANKRUPTCY HUMOR
FISHERMANS' WHARF IN 10 DAYS!
DISCHARGING TAXES - THE POWER SEMINAR!

JOIN MORGAN KING AT FISHERMAN'S WHARF - SAN FRANCISCO -

OCTOBER 27, 28, 29

DISCHARGING TAXES - FUNDAMENTALS & ADVANCED PROBLEMS

The next dates scheduled for the 5th annual 3-day Bankruptcy Academy on discharging taxes in bankruptcy cases have been scheduled for -

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; and other experts including 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 specific faculty may change depending on speaker availablity.

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 for Fisherman's Wharf or San Antonio $695
Single attorney from Northern California $395
Double attorney registration any location $995 (saves $400!)
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 TO VISIT THE ACADEMY
PENDING EVENTS, SEMINARS & CLE
October 27-29, 2004
KING BANKRUPTCY ACADEMY
Discharging Taxes in Bankruptcy From A to Z
Fisherman's Wharf, San Francisco
BankruptyAcademy.com

November 5-8, 2004
13th ANNUAL CONSUMER RIGHTS LITIGATION CONFERENCE
Boston, MA
NCLC.org

December 3, 2004
13tth ANNUAL TIDEWATER BANKRUPTCY CONFERENCE
Norfolk Hilton, 1500 North Military Highway, Norfolk, Virginia.
stevenprichards@cs.com

December 2-4, 2004
AMERICAN BANKRUPTCY INSTITUTE
Winter Leadership Conference 
Marriott's Camelback Inn, Scottsdale, AZ 
Contact: 1-703-739-0800 or http://www.abiworld.org

January 27-29, 2004
KING BANKRUPTCY ACADEMY
Discharging Taxes in Bankruptcy From A to Z
San Antonio, Texas
BankruptcyAcademy.com

MORE INFO ON PENDING EVENTS & SEMINARS

EVENTS & CLE
DEBT NEGOTIATORS FORM ORGANIZATION
DEBT SETTLEMENT AND DEBT NEGOTIATION INDUSTRY FORMS NEW TRADE ORGANIZATION

WASHINGTON, D.C. (PRWEB) October 15, 2004 -- The debt settlement and debt negotiation industry has formed a new trade association, the United States Organizations for Bankruptcy Alternatives (USOBA), to provide industry education, advocate legislative interests, promote fair and reasonable regulation and advance strong consumer protections.

USOBA"s first convention will be held in Washington, D.C. on November 18 & 19, 2004.

CONTACT INFORMATION:
Kallie Guimond, Executive Director
United States Organizations for Bankruptcy Alternatives (USOBA)
202-232-6500
www.USOBA.org
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BANKRUPTCY BILL WOULD BAR SOME DEFERRED COMPENSATION BENEFITS

WASHINGTON: Employers in bankruptcy that terminate underfunded pension plans would be barred from paying or promising deferred compensation benefits to directors and officers for five years, under legislation introduced in the House of Representatives.

The legislation is needed to ensure fairness, said the bill's sponsor, Rep. George Miller, D-Calif. There are too many examples of private companies taking care of their executives' retirement compensation plans, while they allow their employees "hard-earned retirement plans to be ruined," said Rep. Miller, who is the ranking minority member on the House Education and the Workforce Committee.

by Jerry Geisel - BI Daily News

HEADLINES

BANKRUPTCY THIS WEEK
BankruptcyBooks.com - FEATURING KINGSPRESS
SUBSCRIBE TO KING'S MONTHLY TAX DISCHARGE UPDATE E-LETTER

Sent to your computer monthly - reports current cases on tax discharge
May be printed out and saved as hard copy for later reference
Twelve-month subscription only $49.95
Items in the Update are cross-referenced to corresponding parts of The Book.*
Topics covered include -

* General news and commentary plus most recent cases
* Discharging of taxes in chapter 7
* Discharge of taxes in chapter 13
* The automatic stay
* Litigating tax issues in bankruptcy court
* Tax liens and levies
* Working with tax transcripts
* Handling a tax discharge case

* Book, King's Discharging Taxes in Bankruptcy. To order visit BankruptcyBooks.com

To subscribe, go to BankruptcyBooks.com and select Periodicals, or simply click below OR on image at right.

CLICK HERE TO SUBSCRIBE ONLINE

CLICK HERE TO SUBSCRIBE
HEADS-UP ON RECENT CASES
CREDITOR'S FAILURE TO RAISE FRAUD ISSUE TIMELY BARS RICO CLAIMS

Because a creditor bank neither raised the issue of fraud during a bankruptcy nor timely moved to set aside the bankruptcy sale of its collateral, the bank's RICO claims (based upon alleged fraud in the procurement of a loan and the subsequent transfer and use of the collateral for the loan before and during a bankruptcy, culminating in a bankruptcy sale) were an impermissible collateral attack on the final sale judgment of the bankruptcy court.

Regions Bank v. J.R. Oil Company, LLC (8th Cir. 2004)
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LATE CHECK IS STILL IN ORDINARY COURSE

Where a check was paid by a debtor substantially after the payment date recited on the invoice, it was nevertheless in the ordinary course of business. The check was paid after the invoice payment date because the debtor had refused to pay on the contractual payment date, citing dissatisfaction with the goods and services. The vendor agreed to make modifications, and the debtor paid the invoice (by then overdue) promptly after the modifications were competed.

In re US Office Products Company (Bankr. De. 2004)
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OPINION DESCRIBES REQUIREMENTS FOR INFORMAL PROOF OF CLAIM

In order to establish an informal proof of claim a putative creditor must prove: (1) presentment of a writing; (2) within the time for the filing of claims; (3) by or on behalf of the creditor; (4) bringing to the attention of the court; (5) the nature and amount of a claim asserted against the estate. Filings in prepetition State court litigation cannot constitute an informal proof of claim.

In re Pacific Gas & Electric Corp. (Bankr. N.D. Cal. 2004)
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PARTY OPPOSING PLAN CONFIRMATION CAN RAISE NEW ISSUES

A party opposing confirmation of a plan can, at the hearing on confirmation, raise new issues not addressed in its written objection if the plan proponent does not object to evidence pertaining to such issues and is not prejudiced (i.e., prevented from offering opposing evidence) by the introduction of such issues.

In re Enriquez (Bankr. N.D. Cal. 2004)

BANKRUPTCY CASE UPDATE

BANKRUPTCY CASE UPDATE
BANKRUPTCY HUMOR
It's never too early to teach kids how to sink into debt

HEY, kids! Barney says transfer your balance and pay zero percent interest for six months! Don't wait! Apply now for your Purple MasterCard!

Attention all play-home owners! Refinance your mortgage now and add that tire swing you've always wanted. Call Teletubbies Mortgage today!

Short on cash? Don't despair. Take out a Wiggles Allowance Day Loan!

OK, maybe that's a stretch, but what are we supposed to think when we see stories about a Hello Kitty-branded debit MasterCard?

The card, which will be released soon, is the latest financial assault on our most valuable asset: our kids.

An executive for Hello Kitty maker Sanrio told the Washington Post that the new cards can help kids learn to manage their finances. I suppose if my company were getting licensing fees by exploiting the youth of America, that's how I'd want to look at it, too.

By LOREN STEFFY
Copyright 2004 Houston Chronicle

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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