Dennis:
I have a different prespective. I came away from the NACBA conference with a better general understanding of the new law. I thought that the presentation was extremely informative given the time which had elapsed since the passage of the bill and the fact there no US Trustee guideline and no Bankruptcy Rule as yet have been promulgated which address the new law. Everyone is scrambling.
For those who are interested in forms, NACBA will have a conference in Chicago open only to bankruptcy attorneys and their employees in late July which will address the practical aspect of conforming to the new law.
Casey
C. Casey White
Attorney at Law
16830 Ventura Blvd., Suite 347
Encino, CA 91436
Tel: (818)380-1734 or (805)584-6190
Fax: (818)906-8828 or (805)520-7851
Cell:(805)501-3314
e-mail:
ckcwhite@aol.com
To:
cdcbaa@yahoogroups.com
Sent: Mon, 02 May 2005 17:14:36 -0000
Subject: [cdcbaa] NACBA Convention
Hello:
It was nice to see so many familiar faces in San Diego.
My impression of the convention was only "fair". What did the rest
of you think?
Although the speakers were intersting, and some of them funny, the
materials were very poor.
Although section 521 requires many new forms, none were provided
(they aren't written yet, by the various forms committees, but
expected or projected versions would have been helpful.)
A sample 342 notice would have been easy to produce and hand out.
A sample means test form would have been easy to produce. (I am
drafting an excel spreadsheet with the calculations and will post it
this week.)
At any rate:
Here is a beginning checklist of the ADDITIONAL new forms you will
need to file a bankruptcy October 17.
1 - a certificate you have shown the debtor the 342a notice.
2 - A form to which you must attach copies of all of the debtor's
paycheck stubs (and any other evidence of payment items) received by
the debtor within the sixty days prior to filing.
3 - Statement of Monthly Net Income - this must be supported by
calculations
4 - Statement of any anticipated increase in income over the next 12
months.
For Individuals add:
5 - A certifcate FROM AND APPROVED COUNSELING AGENCY, the debtor has
received the required counseling, and
6 - A copy of the proposed repayment plan from the Counseling Agency.
Before the 341a
7 - Seven days before the 341a: a copy of the debtor's most recent
tax return (can be a transcript, we probably all need to know how to
get a transcript, as creditors can request a copy of the return or
transcript, and the debtor must give the creditor the return or
transcript (see 521 (2)(C))
8 - If requested by the court, ust, trustee, OR ANY PARTY IN
INTEREST (READ CREDITORS)
a. The previous 3 years tax returns (or transcripts).
b. All tax returns which become due during the case.
Section 707(b)(2)(C) also requires a calculation of the abuse test.
(this will be an interesting drafting problem)
Anyway, there are at least 8 new forms required. Looks like the
minimum filing will now be 50 pages, or more.
dennis
Yahoo! Groups Links
Dennis:
I have a different prespective. I came away from the NACBA conference with a better general understanding of the new law. I thought that the presentation was extremely informative given the time which had elapsed since the passage of the bill and the fact there no US Trustee guideline and no Bankruptcy Rule as yet have been promulgated which address the new law. Everyone is scrambling.
For those who are interested in forms, NACBA will have a conference in Chicago open only to bankruptcy attorneys and their employees in late July which will address the practical aspect of conforming to the new law.
Casey
C. Casey WhiteAttorney at Law16830 Ventura Blvd., Suite 347Encino, CA 91436Tel: (818)380-1734 or (805)584-6190Fax: (818)906-8828 or (805)520-7851Cell:(805)501-3314e-mail:
ckcwhite@aol.com
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Hello:
It was nice to see so many familiar faces in San Diego.
My impression of the convention was only "fair". What did the rest
of you think?
Although the speakers were intersting, and some of them funny, the
materials were very poor.
Although section 521 requires many new forms, none were provided
(they aren't written yet, by the various forms committees, but
expected or projected versions would have been helpful.)
A sample 342 notice would have been easy to produce and hand out.
A sample means test form would have been easy to produce. (I am
drafting an excel spreadsheet with the calculations and will post it
this week.)
At any rate:
Here is a beginning checklist of the ADDITIONAL new forms you will
need to file a bankruptcy October 17.
1 - a certificate you have shown the debtor the 342a notice.
2 - A form to which you must attach copies of all of the debtor's
paycheck stubs (and any other evidence of payment items) received by
the debtor within the sixty days prior to filing.
3 - Statement of Monthly Net Income - this must be supported by
calculations
4 - Statement of any anticipated increase in income over the next 12
months.
For Individuals add:
5 - A certifcate FROM AND APPROVED COUNSELING AGENCY, the debtor has
received the required counseling, and
6 - A copy of the proposed repayment plan from the Counseling Agency.
Before the 341a
7 - Seven days before the 341a: a copy of the debtor's most recent
tax return (can be a transcript, we probably all need to know how to
get a transcript, as creditors can request a copy of the return or
transcript, and the debtor must give the creditor the return or
transcript (see 521 (2)(C))
8 - If requested by the court, ust, trustee, OR ANY PARTY IN
INTEREST (READ CREDITORS)
a. The previous 3 years tax returns (or transcripts).
b. All tax returns which become due during the case.
Section 707(b)(2)(C) also requires a calculation of the abuse test.
(this will be an interesting drafting problem)
Anyway, there are at least 8 new forms required. Looks like the
minimum filing will now be 50 pages, or more.
dennis
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