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THE BOOK

King & Page 2020 # 1

Fundamentals of Consumer Bankruptcy Law & Practice

The Practical Guide to Bankruptcy Practice From "A" to "Z"

For attorneys & Paralegals

By Morgan D. King, Esq.
of the California Bar
And
Theda Page, Esq,
of the Texas Bar

Release 2020 # 1 |

UPDATED

 

  • 620 pages

  • Over 2,275 footnotes and citations  with

  • Comb binding or thumb drive

  • 30 important case handling checklists

  • Other important case handling resources

 

Thinking about
getting into bankruptcy law?

Training Office Staff for the coming tidal wave of filings?

Then this is your book!

A major rewrite and expansion of King's popular practice guides for Chapter 7 and Chapter 13, geared for practical application in anticipation of the Covid-19 pandemic and its effect on consumers.

In one volume . . . forms & procedures, the law of exemptions, property of the estate, exceptions to discharge, handling liens, and the automatic stay. In-depth discussion of the practical, hands-on processing of a chapter 7 & chapter 13 files in the office. Many checklists and forms to assist in the evaluation, filing and post-petition administration of the case. Common procedural problems, glitches and hidden issues. Ethical traps and how to avoid them. Learn from the experience of others!

Setting up the office. Books and computer programs. Training and using paralegals. Keeping track of time and expenses. Dealing with clients. Setting and collecting fees. Mandatory e-filing. Marketing your practice for greater profitability.

Handling secured claims and difficult discharge issues. Common tasks, including non-purchase money and judgment lien avoidance, reaffirmations, filing claims or complaints, attacking tax liens, objecting to claims, handling executory contracts, conversion to or from chapter 13, and defending a credit card fraud adversary action.

MORGAN D. KING, Esq.

Of the California Bar

 

  • Gradate from University of California, Berkeley, and University of California School of Law, Davis.

  • In private practice since 1972 - 48 years and counting.

  • Author of eight books on consumer bankruptcy law and California corporate practice.

  • Chairman of city of Dublin Planning Commission

  • Lead the successful effort to preserve the West Dublin California hills Greenbelt from development.

  • Frequent lecturer at NACBA and other professional organization events around the nation.

  • Webinars for LearnBankruptcy.com and BankruptcyAcademy.com

  • Recipient of NACBA's Distinguished Service Award, 2005

  • Recipient of NACBA's Attorney of The Month award, 2010

THEDA PAGE, Esq.

Of the Texas Bar

After graduating from law school at the age of 24, Théda W. Page began her career in bankruptcy and family law. In 1986, she represented debtors for a Dallas law firm and then, as a sole member firm.

 

In 1988, she joined the corporate legal department of J.C. Penney Company, Inc. There, she developed and implemented a consumer bankruptcy rights enforcement project for the company's credit service centers and represented the company in bankruptcy courts across the country. She also worked in the area of trade regulation—ensuring the company's compliance with applicable state and federal laws.

 

Théda founded The Page Law Firm in 2002. She concentrates her legal practice on bankruptcy and family law.

 

She lives with her husband, Julian Brice, in Frisco, Texas

 

She has been involved in a number of bar associations throughout her career. She is currently on the boards of the Plano Bar Association and the Collin County Women Lawyers Association.

 

Practice Areas

 

  • Family law including divorce, Collaborative Divorce®, child custody, and child support.

  • Bankruptcy including foreclosures and Chapter 13 and Chapter 7 bankruptcy filings.

 

Bar and Organization Memberships

 

  • State Bar of Texas (Bankruptcy and Family Law Section)

  • National Association of Consumer Bankruptcy Attorneys

  •  

Education

 

  • University of Pittsburgh School of Law in Pittsburgh, Pennsylvania, Doctorate of Jurisprudence

  • Mount Holyoke College in South Hadley, Massachusetts, B.A in Politics

 

Honors and Awards

  • Voted Best Bankruptcy Attorney in Frisco by the Readers' Choice Edition of the Frisco Enterprise in 2011, 2012, and 2013.

  • Voted Best Bankruptcy Attorney in the Readers' Choice Edition of the Little Elm Journal in 2012.

 

Recent Blog Posts

 

PART I: OVERVIEW OF CONSUMER BANKRUPTCY PRACTICE

1.1 A COMPLICATED FIELD OF LAW

1.2 VARIETIES OF BANKRUPTCY

1.3 THE BASIC PROFILE OF A CONSUMER BANKRUPTCY CASE

1.4 PUBLIC POLICIES BEHIND BANKRUPTCY

1.5  DEBT RELIEF AGENCIES

1.6  THE BANKRUPTCY SYSTEM

1.7 CONSEQUENCES OF FILING BANKRUPTCY

 

PART II: DEBT RELIEF AGENCIES

2.1 ARE YOU A "DEBT RELIEF AGENCY"?

2.2 ASSISTED PERSON DEFINED

2.3 BANKRUPTCY ASSISTANCE DEFINED

2.4 CONSIDERATION PAID

2.5 ATTORNEY'S DUTIES AND TASKS

2.6 WHERE DEBTOR IS NOT AN ASSISTED PERSON

RETURN TO CONTENTS

PART III: THE LAW OF CHAPTER 7

3.1 GENERALLY

3.2 VENUE

3.3  THE DEBTOR

3.4 PRE-BANKRUPTCY REQUIREMENTS

3.5 THE PETITION AND OTHER FILING DOCUMENTS

3.6 THE AUTOMATIC STAY

3.7 VIOLATIONS OF THE STAY

3.8  RESPONDING TO VIOLATION OF THE STAY

3.9 DUTIES OF THE DEBTOR

3.10 THE ESTATE

3.11 THE TRUSTEE'S POWERS AND DUTIES

3.12 THE MEETING OF CREDITORS

3.13 EXEMPTIONS / PROPERTY THAT IS NOT PROPERTY OF THE ESTATE

3.14 OBJECTION TO EXEMPTIONS

3.15 CLAIMS

3.16  PRIORITY CLAIMS

3.17 GENERAL UNSECURED CLAIMS

3.18 SECURED AND UNDERSECURED CLAIMS

3.19 PROOF OF CLAIM

3.20 FILING CLAIM ON BEHALF OF CREDITOR

3.21 OBJECTING TO CLAIMS

3.22 EXECUTORY CONTRACTS AND LEASES

3.23 PREFERENCE AVOIDANCE

3.24 FRAUDULENT TRANSFERS

3.25 APPOINTMENT FOR SPECIAL PURPOSE

3.26  SETTLEMENT OF DEBTOR-TRUSTEE DISPUTES

3.27 DEATH OR INCOMPETENCY OF DEBTOR

3.28 CONVERSION OF CASE

3.29  DISMISSAL OF CHAPTER 7 CASE

3.30  THE FINAL DISCHARGE

3.31 EXCEPTIONS TO DISCHARGE

3.32 LITIGATING DISCHARGEABILITY

3.33 DENIAL OF DISCHARGE

3.34 DISTRIBUTION FROM THE ESTATE

3.35 CLOSING THE CASE

3.36 THE "CHAPTER 20

3.37 REOPENING CLOSED CASE

3.38 REVOCATION OF DISCHARGE

3.39 THE PERMANENT DISCHARGE

3.40 WITHDRAWING FROM THE CASE

3.41 RELIEF FROM JUDGMENT

PART IV: THE LAW OF CHAPTER 13

4.1 ELIGIBILITY FOR CHAPTER 13

4.2 VENUE

4.3 MANDATORY CHAPTER 13

4.4 CALCULATING THE PLAN PAYMENT

4.5 WHERE CHAPTER 13 IS OPTIONAL

4.6 TREATMENT OF CLAIMS IN CHAPTER 13

4.7 CHAPTER 13 PLAN PROVISIONS

4.8 CONFIRMATION HEARINGS

4.9 PLAN PAYMENTS

4.10 [reserved

4.11 COMMENCING THE CASE

4.12 THE AUTOMATIC STAY

4.13  POSTPETITION FILING - REQUIREMENTS IN CHAPTER 13

4.14 DUTIES OF THE CHAPTER 13 DEBTOR

4.15  THE CHAPTER 13 DISCHARGE

4.16  WHAT IS NOT DISCHARGEABLE IN CHAPTER 13?

4.17  DENIAL OF DISCHARGE IN CHAPTER 13

4.18  REVOCATION OF DISCHARGE

RETURN TO TABLE OF CONTENTS

PART V: PREPARING THE PRACTICE

5.1 PREPARATION FOR HANDLING CASES

5.2.  PREPARE A WRITTEN FEE AGREEMENT

5.3  OBTAIN STATE INCOME DATA FOR MEDIAN INCOME TEST

5.4   OBTAIN THE IRS EXPENSE STANDARDS

5.5 SECURE THE LIST OF CREDITORS' DESIGNATED ADDRESSES

5.6 PREPARE LANGUAGE REQUIRED IN ADVERTISING

5.7  PREPARE WRITTEN DISCLOSURES

5.8  [reserved

5.9 PREPARE FORMS OR DOCUMENTS THAT MUST BE FILED

5.10 PREPARE PRO FORMA ANNUAL FINANCIAL STATEMENT

5.11 REVISE YOUR USUAL IN-HOUSE CHECKLISTS

5.12 PREPARE NEW CASE-HANDLING CHECKLISTS

5.13 SECURE COPIES OF IRS FORMS TO REQUEST TRANSCRIPTS

5.14 PREPARE TO CONDUCT A PROBING INQUIRY

5.15 COMPUTER SOFTWARE FOR CALCULATIONS

5.16 REVISED FORMS FILING SYSTEMS

 

PART VI: THE CLIENT INTERVIEW

6.1 IN GENERAL

6.2 WHO SHOULD CONDUCT THE INTERVIEW

6.3 USING FORMS AND CHECKLISTS

6.4 KEY STEPS IN HANDLING A NEW CASE

6.5 [reserved]

6.6 CONDUCT A PROBING INTERVIEW

6.7 AUTOMATIC STAY LOOKBACK PERIODS

6.8 EXEMPTIONS & EXCLUSIONS FROM ESTATE LOOKBACK PERIODS

6.9 DISCHARGE OF DEBTS LOOKBACK PERIODS

6.10 CRAMDOWN LOOKBACK PERIODS

6.11 MISCELLANEOUS LOOKBACK PERIODS

6.12 PROVIDE WRITTEN DISCLOSURES & INSTRUCTIONS

6.13 IDENTIFY NEEDED DOCUMENTATION

6.14 EXPLAIN DEBTOR'S POSTPETITION DUTIES

6.15 AFTER THE INTERVIEW

6.16 DO THE MATH ON THE MEDIAN INCOME AND MEANS TESTS

6.17 CONDUCT DUE DILIGENCE TO VERIFY INFORMATION

RETURN TO CONTENTS

PART VII: THE CREDIT BRIEFING

7.1 CREDIT BRIEFING

7.2 WHAT IS THE PURPOSE OF THE CREDIT BRIEFING?

7.3 THE NATURE OF THE REQUIRED BRIEFING

7.4 DEBTOR MAY BE EXEMPT FROM PRE-FILING BRIEFING

7.5 COURT CLERK WILL MAINTAIN LIST OF APPROVED AGENCIES

7.6 CONSEQUENCES OF FAILURE TO DO CREDIT BRIEFING

7.7 FILING CERTIFICATE & PAYMENT PLAN

7.8 CONTENT OF CERTIFICATE OF EXIGENT CIRCUMSTANCES

7.9 CANNOT REQUIRE A FEE

7.10 CANNOT REPORT TO A CREDIT REPORTING AGENCY

7.11 CREDITOR SANCTIONED FOR REFUSAL TO COOPERATE

7.12 PAYMENTS NOT AVOIDABLE AS PREFERENCE

7.13 QUALIFICATIONS FOR CREDIT COUNSELING AGENCIES

PART VIII: THE MEDIAN INCOME AND MEANS TESTS

8.1 IN A NUTSHELL

8.2 IS THE MEDIAN INCOME OR MEANS TESTS REQUIRED?

8.3 CONDUCTING THE MEDIAN INCOME TEST

8.4 CALCULATING CURRENT MONTHLY INCOME

8.5 THE MEANS TEST

8.6 DOING THE MEANS TEST

8.7 CHOICE: DISMISS OR CONVERT TO CHAPTER 13

8.8 FILING STATEMENT OF INCOME & MEANS TEST CALCULATION

 

PART IX: PREPARING THE FORMS FOR FILING

9.1 REQUIRED FORMS

9.2 BAPCPA CHANGES & ADDITIONAL FORMS

9.3 ATTORNEY'S PRE-FILING REVIEW

9.4 CLIENT REVIEW AND SIGNATURES

9.5 FILING THE PETITION & OTHER REQUIRED DOCUMENTS

9.6 MANDATORY E-FILING

9.7 CALENDAR CRITICAL DEADLINES & FOLLOW-UP

9.8 REVIEW THE AUTHOR'S CHECKLIST OF TRAPS FOR THE UNWARY

RETURN TO CONTENTS

PART X: THE MEETING OF CREDITORS

10.1 IN GENERAL

10.2 HEARING ON CONFIRMATION OF CHAPTER 13 PLAN

10.3 NOTICE OF MEETING OF CREDITORS

10.4 CREDITOR REPRESENTATION AT THE MEETING

10.5  DEBTOR'S PERSONAL ATTENDANCE MAY BE EXCUSED

10.6 TAX RETURNS REQUIRED TO BE FILED

10.7 RETURN OR TRANSCRIPT OF RETURN

10.8 PERFORM INTENTIONS

10.9 PERFORM INTENTIONS IN CHAPTER 7

10.10 COMPLETE FINANCIAL MANAGEMENT COURSE

10.11 U.S. TRUSTEE'S REVIEW FOLLOWING THE MEETING

10.12 ADVISE DEBTOR ABOUT DOCUMENTS THAT MUST BE BROUGHT

10.13 PREPARE CLIENT FOR TRUSTEE'S EXAMINATION

10.14 ADDITIONAL EXAMINATION OF THIS DEBTOR

RETURN TO TABLE OF CONTENTS

PART XI: THE AUTOMATIC STAY

 

11.1 NATURE OF THE AUTOMATIC STAY

11.2 RETROACTIVE APPROVAL OF STAY

11.3 SERIAL FILERS

11.4 WHAT IS "STAYED"?

11.5 WHAT IS NOT STAYED?

11.6 DUTY TO SURRENDER SEIZED ASSETS

11.7 RELIEF FROM STAY

11.8 MOTION FOR RELIEF

11.9 DEFENSE OF MOTION FOR RELIEF

11.9 EFFECT OF CONVERSATION TO OTHER CHAPTER

11.10 VIOLATION OF THE STAY

11.11 RESPONDING TO VIOLATIONS

PART XII: POST-PETITION TASKS & ISSUES

12.1 IN GENERAL

12.2 POST-PETITION DEADLINES CHECKLIST

12.3 POTENTIAL PROBLEMS WITH THE AUTOMATIC STAY

12.4 PERFORM INTENTIONS - REAFFIRM OR REDEEM

12.5 MOTIONS TO DISMISS OR CONVERT

12.6 PROVIDE COPY OF MOST RECENT FEDERAL TAX RETURN

12.7 FILE 4 YEARS OF PREPETITION RETURNS IN CHAPTER 13

12.8 FILE ALL POSTPETITION TAX RETURNS

12.9 DIFFERENT DEFINITION OF RETURN FOR DIFFERENT PURPOSES

12.10 MOTION TO EXTEND TIME

12.11 ASSUME OR REJECT

12.12 CONTINUATION OF EVICTION PROCEEDINGS

12.13 PROVIDING PROOF OF ADEQUATE PROTECTION PAYMENTS

12.14 ANNUAL INCOME / EXPENSE STATEMENT

12.15 COMPLETE REQUIRED CREDIT BRIEFING WITHIN 30

12.16 PRE-DISCHARGE HEARING IN CHAPTER 13

12.17 NOTICE TO SECURED CREDITORS

12.18 THE FINANCIAL MANAGEMENT COURSE

12.19 NOTICE OF AMENDED SCHEDULE ADDING A CREDITOR

12.20 FILE PROOFS OF CLAIM FOR TAXING ENTITIES

12.21 HEARING ON CONFIRMATION OF PLAN

12. 22 NOTICE OF MEETING OF CREDITORS

12.23 LOOKBACK FOR FRAUDULENT TRANSFERS IS EXTENDED

12.24 AVOIDANCE OF TRANSFERS TO TRUSTS

12.25 PAYMENTS NOT AVOIDABLE AS PREFERENCE

12.26 CONVERSION FROM CHAPTER 13 TO CHAPTER 7

12.27 CERTAIN DOCUMENTS MUST BE FILED WITHIN 45 DAYS

12.28 DISMISSAL OF CHAPTER 7 FOR CERTAIN CRIMES

12.29 NON-PURCHASE-MONEY LIEN AVOIDANCE

12.30 DISMISSAL FOR FAILURE TO PAY DOMESTIC SUPPORT

12.31 MOTION TO EXCUSE CREDIT BRIEFING REQUIREMENT

12.32 NEW FILING PERIODS

12.33  CONVERSION FROM ONE CHAPTER TO ANOTHER

12.34 MOTION TO REDUCE CREDITOR'S CLAIM

12.35 MOTIONS REQUIRED BY LOCAL PRACTICE

12.36 POSTING DEPOSIT WITH UTILITY COMPANY

RETURN TO TABLE OF CONTENTS

© MORGAN D. KING 2016-2020 Technical web advisor Douglas Morrison

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