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Best Practices for Filing Chapter 13, 2011 ed.: Leading Lawyers on Analyzing Today's Chapter 13 Filings, Preparing Clients, and Implementing Effective Strategies (Inside the Minds)
Best Practices for Filing Chapter 13 provides an authoritative, insider's perspective on best practices for counseling clients during Chapter 13 proceedings. Featuring experienced consumer bankruptcy practitioners from around the country, this book guides the reader through the complexities of the current legal environment, with a thorough analysis of...
Best Practices for Filing Chapter 13 provides an authoritative, insider's perspective on best practices for counseling clients during Chapter 13 proceedings. Featuring experienced consumer bankruptcy practitioners from around the country, this book guides the reader through the complexities of the current legal environment, with a thorough analysis of recent cases, the impact of the volatile economy, and the continuing affects of BAPCPA. From interviewing clients and gathering information to drafting schedules and attending the meeting of creditors, these top lawyers reveal effective tips for navigating the Chapter 13 filing process. They also examine when to file a Chapter 13 versus a Chapter 7, unveil aggressive techniques for completing the means test, and analyze the latest trends in case strategies, including the use of lien stripping and mortgage modification. Additionally, these leaders discuss common mistakes lawyers make, how to communicate with trustees, and proven solutions for challenging clients and cases. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this dynamic field. Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community. Chapters Include: 1. Leon D. Bayer, Partner, Bayer, Wishman & Leotta - "A Personal Approach to Consumer Bankruptcy Is the Key to Your Success" 2. Eric A. Rosen, Managing Partner, Rosen & Winig PA - "Trends in Chapter 13 Cases: Challenges in Determining Disposable Monthly Income under BAPCPA and the Use of Lien Stripping in the Age of Multiple Mortgages" 3. Jeffrey Solomon, Owner, The Law Office of Jeffrey Solomon - "Facing the Complexities and Challenges of Chapter 13" 4. Bonnie L. Canty, Owner and President, Canty & Associates - "Guiding Clients through the Intricacies of Chapter 13" 5. Lee Anne Graybeal, Owner, Graybeal Law Office - "Using Chapter 13 to Save Homes in a Changing Financial Landscape" Appendices Include: Appendix A: Chapter 7 Retainer Agreement Appendix B: Face Sheet for Emergency 13 Case Filing: Client Duties Appendix C: Filing 13 with Pending Foreclosure: Client Duties Appendix D: Effect of Your Request for Voluntary Dismissal of 13 Appendix E: Chapter 13 Case Sub-In: Attorney Duties Appendix F: Letter Confirming Non-Representation of Client Appendix G: Letter Confirming Non-Representation with Waiver of Responsibility Appendix H: Motion to Value Collateral Appendix I: Chapter 13 Business Questionnaire Appendix J: Motion to Value Real Property Appendix K: Order Granting Motion to Value Real Property Appendix L: Motion to Value Personal Property Appendix M: Order Granting Motion to Value Personal Property Appendix N: Debtor's Motion for Authority to Modify Mortgage Loan Appendix O: Order Authorizing Loan Modification Appendix P: Motion to Strip Lien Appendix Q: Order Stripping Lien Appendix R: Motion to Avoid Judicial Lien Appendix S: Order Avoiding Judicial Lien
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