Letters for Bankruptcy Lawyers : Essential Communication for Clients, Creditors, Opposing Counsel and Others

by Pelofsky, Joel

• ISBN13: 9781590316009
• ISBN10: 1590316002
• Format: Paperback
• Copyright: 2006-04-30
• Publisher: Natl Book Network

Summary

This book is written for every lawyer who practices or advises clients on consumer bankruptcy law.

Table of Contents

Acknowledgments	vii
Introduction	ix
About the Authors	xi
Representation	1	(16)
Debtor's Counsel: Representation Agreement	2	(4)
Debt Relief Agency Disclosures to an Assisted Person	6	(2)
Separate Disclosure Required by Section 527 of the Bankruptcy Code as Amended	8	(2)
Information to the Assisted Person (Debtor) on How to Provide All Information Required by Section 521	10	(1)
Debtor's Counsel: Consultation Agreement	11	(2)
Debtor's Counsel: Credit Counseling Requirement	13	(1)
Debtor's Counsel: Declining Representation	14	(1)
Debtor's Counsel: Termination of Representation	15	(2)
Debtor's Counsel: Completion of Schedules	17	(22)
Debtor's Counsel: Confirming Chapter 7 Choice	18	(1)
Debtor's Counsel: Confirming Chapter 13 Choice	19	(2)
Debtor's Counsel: Instruction Letter to Clients Concerning Completion of Schedules	21	(7)
Debtor's Counsel: Cautionary Letter to Client Before Filing	28	(1)
Debtor's Counsel: Letter to Creditor Concerning Address for Notice	29	(3)
Debtor's Counsel: Notice of Section 341 Meeting	32	(1)
Debtor's Counsel: Explaining Lien Avoidance to Client	33	(1)
Debtor's Counsel: Debtor Education Requirement	34	(1)
Debtor's Counsel: Adversary Filed	35	(2)
Debtor's Counsel: Effect of Discharge	37	(2)
Lease Issues	39	(6)
Debtor's Counsel: To Debtor on Lease	40	(1)
Debtor's Counsel: Trustee on Lease Assumption	41	(1)
Debtor's Counsel: To Lessor on Lease Assumption	42	(1)
Debtor's Counsel: Notice to Assume Lease	43	(2)
Reaffirmatlon Agreements	45	(16)
Creditor's Counsel: Reaffirmation Request	46	(2)
Letter to Secured Lender for Reaffirmation Information	48	(2)
Debtor's Counsel: Letter Explaining Reaffirmation	50	(2)
Debtor's Counsel: Advice on Reaffirmation	52	(2)
Debtor's Counsel: Response to Creditor Proposal to Enter into Reaffirmation Agreement	54	(2)
Creditor's Counsel: Letter Transmitting Reaffirmation Agreement and Payment Instructions	56	(2)
Debtor's Counsel: Letter to Creditor: Problems with Reaffirmation Agreement	58	(1)
Debtor's Counsel---Revoking Reaffirmation Agreement	59	(1)
Letter Confirming Arrangements for Return of Vehicle in Which Creditor Has a Security Interest	60	(1)
Chapter 13	61	(12)
Debtor's Counsel: Notice of Filing	62	(2)
Debtor's Counsel: Chapter 13 Confirmation Letter	64	(1)
Debtor's Counsel: Letter to Creditor Concerning Co-Debtor Stay Under Chapter 12 or 13	65	(2)
Debtor's Counsel: Chapter 13 Borrowing	67	(1)
Debtor's Counsel: Letter to Creditor Holding Late-Filed Claim	68	(1)
Debtor's Counsel: Demand for Proper Application of Payments	69	(2)
Debtor's Counsel: Letter to Mortgage Lender Requesting Information	71	(2)
Creditor Letters	73	(10)
Creditor's Counsel: Demand for Adequate Protection	74	(1)
Creditor's Counsel: Nondischargeable Debt	75	(1)
Creditor's Counsel: Rule 2004 Examination	76	(1)
Creditor's Counsel: Letter to Client re: Discharge Litigation	77	(2)
Creditor Counsel: Status Report to Creditor	79	(2)
Letter to Client Concerning Preference Claim	81	(2)
Debtor's Counsel: Discharge on Dismissal Litigation	83	(8)
Debtor's Counsel: Letter to Creditor re: Abusive Filing	84	(1)
Debtor's Counsel: Reply to UST Suggestion of Abuse	85	(2)
Debtor's Counsel: Letter to Creditor on Pending (Pre-bankruptcy) Litigation	87	(1)
Debtor's Counsel---No Action Adversary Proceeding	88	(1)
Generic 9011 Letter	89	(2)
Miscellaneous	91	(1)
Debtor's Counsel: To Trustee Requesting Abandonment	92	(1)
Debtor's Counsel: Confirming Agreement to Abandon	93	(1)
Debtor's Counsel: Letter to Unscheduled Creditor	94	(2)
Debtor's Counsel: Letter to Check-Cashing Company re: Postdated Check	96	(3)
Debtor's Counsel: Letter to Creditor in Community Property State	99	(1)
Debtor's Counsel: Letter to Creditor in Community Property State (long version)	100	(2)
Letter to Client Concerning Appointment to Creditors' Committee	102	(1)
Debtor's Counsel: Chapter 11 Solicitation Letter	103