CLE Materials and Other Resources

Contact: Teri Yeates for info - 602.340.7312

• National Association of Consumer Bankruptcy Attorneys (NACBA) series: Case Law Update; Chapter 13 - Chapter 7 Debates; Washington Update; Tax Issues Under the New Legislative;Till and Rash: Secured Debts in Chapter 13 (2 cd's); Fair Credit Reporting and Fair Debt Collection; Redeem, Reaffirm, Surrender or Retain; Means Testing, Credit Counseling, and Credit Education; Ethics; Objections to Claims; NACBA Website and Collaborative Work Environment; Mortgage Servicing Abuses; Bankruptcy: Past, Present, Future…Keep on Fighting
• CD - Commercial Law League of America - CLLA: Bankruptcy Reform:  Understanding the Radical Bankruptcy Code Changes.
• General Order (DRAFT) (posted 9/11/05) re: Chapter 13 procedures for cases filed on or after October 17, 2005
• General Order (DRAFT) (posted 9/11/05) re Section 521
• Bankruptcy and Taxes Under the Act, Poker at its Best, Tracy Essig - prepared for State Bar of Arizona CLE programs
• Unbundling Legal Services - Ethics Opinion 05-06

Articles and Other CLE Materials

• FAQ's from NACBA Chicago convention, 7/05
• House Majority Leader, Tom Delay, In Debt to Big Banks and Credit Card Industry "the best law money can buy".  Millions of dollars paid to force bankruptcy changes through Congress.
• ABLJ BAPCPA articles1.pdf Courtesy of Judge Case, attached is a list of 19 articles on the new Act from the American Bankruptcy Law Journal.  Instructions for obtaining access to these articles are included in the attachment.
• Overview of Important Developments and Potential Impact on Corporate Restructuring Under the Bankruptcy Code, Kirland & Ellis, LLP. Powerpoint
• Understanding the Radical Bankruptcy Code Changes: Business and Consumer Issues, Commercial Law League of America and its Bankruptcy Section, July 5, 2005

The Code and Rules

• Proposed Amendment to Bankruptcy Rules (uscourt.gov)
• The Weberlaw.com site - BARF 2005, redlined and links to the statute (including effective dates table)
• Davis Polk & Wardwell blacklined version of the Bankruptcy Code - S.256
• Link to another version of S 256 provided by Bankruptcy Media.com (not redlined)
• Exceptions to 180-day effective date in S256 (also see below)
• Courtesy of Dianne Kerns.  Black-lined copies of the bankruptcy code and rules can be purchased through the publisher indicated below.  Their version costs $15 - $20 per book, depending on volume.  No sales tax and shipping is 8% of cost.  (FYI: West version retails at $50)  Web: www.legalpub.com Email: cdahlstrom@legalpub.com

Case Law

• Findlaw - case summaries (since September 2000)
• In re McNabb (D.Az 6/23/05 - J. Haines) re: homestead exemption - AZ is an opt out state, therefore $125,000 cap provided in Section 522(p) does not apply.

Links to IRS, Census Bureau and Social Security

• IRS National Standards for Allowable Living Expenses (January 2005)
• Local Standards for Allowable Living Expenses for Transportation
• Local Standards for Allowable Living Expenses for Housing and Utilities
• Census Bureau (Arizona) (updated September 2, 2005)
• Section 521(e)(2)A): Tax Transcript: use a MFTRA-X form for disclosure to Trustee and creditors.  How to order a MFTRA-X transcript: National Priority Hotline: (866) 860-4259.  Get one for each year(s) client owes.  Must fax Power of Attorney -will continue to get tax info for years after bankruptcy.  Therefore, better to use a Tax Information Authorization: Form 8821, plus cover letter indicating the type of transcript requested, tax year(s) - (note get several years before client thinks they owe), type of tax and client's SSN and address.  Ask them to fax transcripts.
• Median Income for 4-Person Families, by State (US Census Bureau)
• Social Security Act - (protects income received by elderly, disabled, unemployed, welfare)

Attorney Organizations

• National Association of Consumer Bankruptcy Attorneys (NACBA)
• Commercial Law League of America
• American Bankruptcy Institute (ABI)
• BankruptcyMedia.com - includes status, bills, article, law update and search

The Court and Trustees, et al

• United States Bankruptcy Courts
• American Bankruptcy Law Journal - quarterly journal of the National Conference of Bankruptcy Judges
• United State Trustee Program (policies, etc)
• National Association of Bankruptcy Trustees (NABT)
• National Association of Chapter 13 Trustees (NACTT)
• Bankruptcy Reform Overview (PowerPoint presentation)

Asset Searches in Arizona:

• Arizona Supreme Court
• Maricopa Justice and Municipal Courts
• Maricopa Superior Court - cases
• Maricopa County Recorder's Office
• Arizona Department of Transportation
• PACER site for all US bankruptcy courts
• Arizona Secretary of State
• Arizona Corporation Commission
• AZ Dept of Economic Security - Child Support Enforcement
• Kelly Blue Book (vehicle valuation)
• Edmunds (vehicle valuation)
• Zip code information
• DEX - business and residence addresses and/or phone numbers
• Locator for companies by type, location and area.
• All 50 State's Exemptions (user beware)

Electronic Discussion Groups

• William S. Boyd School of Law, University of Nevada: send e-mail to: mailman-owner@law.unlv.edu - one of the best bankruptcy discussion groups
• FindLaw - several message Boards re: Debt & Bankruptcy
• Issues and Answers for attorney and trustees, also visit Chatter (Provided by King Bankruptcy Media)

Newsletters, Journals and Electronic Updates

• Findlaw - Newsletter Subscription Center - free summaries of all circuits, bankruptcy case summaries and topic newletters
• Findlaw - Bankruptcy Publications
• Free weekly e-mail from Bankruptcy Media.com

Miscellaneous Resources

Means Testing:

The 2004 Census Median Income figures and the IRS Standards that are needed to complete the means testing forms effective October 17, 2005. http://www.usdoj.gov/ust/bapcpa/meanstesting.htm (Note: We anticipate that the IRS Local Housing and Utilities Expense Standards will be separated into two components for ease of use in the near future.)

Credit Counseling:

Credit Counseling Instructions, Application and Appendices for Approval as a Nonprofit Budget and Credit Counseling Agency http://www.usdoj.gov/ust/bapcpa/credit_counseling.htm See also posting on updated instructions on bonding (section 6.4). http://www.usdoj.gov/ust/bapcpa/BondingRequirements.pdf

Recommended Bond Form for Nonprofit Budget and Credit Counseling Agencies http://www.usdoj.gov/ust/bapcpa/BondRecommendedForm.pdf

Frequently Asked Questions for Applicants - Credit Counseling (Updated August 5, 2005) http://www.usdoj.gov/ust/bapcpa/cc_faqs.htm

Debtor Education:

Instructions, Application and Appendices for Approval as a Prodvider of a Personal Financial Management Instructional Course http://www.usdoj.gov/ust/bapcpa/debtor_education.htm

Frequently Asked Questions for Applicants - Debtor Education (Updated August 5, 2005) http://www.usdoj.gov/ust/bapcpa/de_faqs.htm

Housing & Mortgages for People with Disabilities

This guide has been created to help individuals living with disabilities, and their family members, in the process of buying a home of their own. Here you can learn more about the five important steps in buying a home and about financial assistance programs that are available for you living with disabilities, who want to buy a home. Find more information at http://www.mortgageloan.com/disabilities/