Product # 8 Release 2016 # 1 SKU 103 -A

BOOK KING'S

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By Morgan D. King, Esq.
of the California Bar

620 pages | Comb binding | over 2,273 footnotes and citations.

Release 2016 # 1 | 620 pages | over 2,273 footnotes and citations

come binding

 

Thinking about
getting into bankruptcy law?

Then this is your book!

A major rewrite and expansion of the pre-Reform editions of King's popular practice guides for Chapter 7 and Chapter 13, as well as all relevant changes imposed by the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005 ("BAPCPA").

In one volume . . . 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. 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

  • In private practice since 1972 - 44 years.

  • Author of King's Legal Guide to Offers in Compromise

  • Author of six books on consumer bankruptcy law

  • Settled a financial elder abuse fraud case

  • Chairman of city of Dublin Planning Commission

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

  • Recipient of NACBA's Distinguished Service Award, and NACBA'S Attorney of the Month award.

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 4: 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

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 CONTENTS

PART XI: POST-PETITION TASKS & ISSUES

11.1 IN GENERAL

11.2 POST-PETITION DEADLINES CHECKLIST

11.3 POTENTIAL PROBLEMS WITH THE AUTOMATIC STAY

11.4 PERFORM INTENTIONS - REAFFIRM OR REDEEM

11.5 MOTIONS TO DISMISS OR CONVERT

11.6 PROVIDE COPY OF MOST RECENT FEDERAL TAX RETURN

11.7 FILE 4 YEARS OF PREPETITION RETURNS IN CHAPTER 13

11.8 FILE ALL POSTPETITION TAX RETURNS

11.9 DIFFERENT DEFINITION OF RETURN FOR DIFFERENT PURPOSES

11.10 MOTION TO EXTEND TIME

11.11 ASSUME OR REJECT

11.12 CONTINUATION OF EVICTION PROCEEDINGS

11.13 PROVIDING PROOF OF ADEQUATE PROTECTION PAYMENTS

11.14 ANNUAL INCOME / EXPENSE STATEMENT

11.15 COMPLETE REQUIRED CREDIT BRIEFING WITHIN 30

11.16 PRE-DISCHARGE HEARING IN CHAPTER 13

11.17 NOTICE TO SECURED CREDITORS

11.18 THE FINANCIAL MANAGEMENT COURSE

11.19 NOTICE OF AMENDED SCHEDULE ADDING A CREDITOR

11.20 FILE PROOFS OF CLAIM FOR TAXING ENTITIES

11.21 HEARING ON CONFIRMATION OF PLAN

11.22 NOTICE OF MEETING OF CREDITORS

11.23 LOOKBACK FOR FRAUDULENT TRANSFERS IS EXTENDED

11.24 AVOIDANCE OF TRANSFERS TO TRUSTS

11.25 PAYMENTS NOT AVOIDABLE AS PREFERENCE

11.26 CONVERSION FROM CHAPTER 13 TO CHAPTER 7

11.27 CERTAIN DOCUMENTS MUST BE FILED WITHIN 45 DAYS

11.28 DISMISSAL OF CHAPTER 7 FOR CERTAIN CRIMES

11.29 NON-PURCHASE-MONEY LIEN AVOIDANCE

11.30 DISMISSAL FOR FAILURE TO PAY DOMESTIC SUPPORT

11.31 MOTION TO EXCUSE CREDIT BRIEFING REQUIREMENT

11.32 NEW FILING PERIODS

11.33  CONVERSION FROM ONE CHAPTER TO ANOTHER

11.34 MOTION TO REDUCE CREDITOR'S CLAIM

11.35 MOTIONS REQUIRED BY LOCAL PRACTICE

11.36 POSTING DEPOSIT WITH UTILITY COMPANY

© MORGAN D. KING 2016-18 Technical web advisor Douglas Morrison

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