Attorney liability in bankruptcy /

Attorney liability in bankruptcy /

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Bibliographic Details
Author / Creator:Cooper, Corinne, 1952-
Imprint:Chicago : ABA GP/Solo, c2006.
Description:xx, 348 p. : ill., forms ; 26 cm. + 1 CD-ROM (4 3/4 in.)
Language:English
Subject:
United States. -- Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (United States)
Bankruptcy lawyers -- Malpractice -- United States.
Consumer credit -- Law and legislation -- United States.
Consumer protection -- Law and legislation -- United States.
Bankruptcy -- United States.
Attorney and client -- United States.
Attorney and client.
Bankruptcy.
Bankruptcy lawyers -- Malpractice.
Consumer credit -- Law and legislation.
Consumer protection -- Law and legislation.
United States.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/6243699
Hidden Bibliographic Details
Other authors / contributors:Vance, Catherine E.
American Bar Association.
ISBN:1590315820 (pbk.)
Notes:Includes index.
Table of Contents:
  • About the Author
  • Acknowledgments
  • Introduction
  • Chapter 1. Starting the Case
  • 1.01. The Challenge of Locating Military Personnel
  • Strategies and "Detective Work"
  • Worldwide Military Locators
  • 1.02. Facilitating Child Support Casework
  • 1.03. Serving Military Personnel
  • Service by Mail
  • Service on Base
  • Substituted Service
  • 1.04. Service Abroad
  • Hague Service-An Overview
  • Service of Process in Germany on Servicemembers and Dependents
  • Service of Process in Italy on Servicemembers and Dependents
  • Service of Process in the United Kingdom on Servicemembers and Dependents
  • Service of Process in Japan on Servicemembers and Dependents
  • Service of Process in South Korea on Servicemembers and Dependents
  • Service of Process in a Combat Zone or Elsewhere
  • 1.05. Client Questions
  • 1.06. Translations
  • 1.07. Obtaining Evidence Abroad
  • Appendix 1-A. Air Force Information as to Service on Base and Abroad: Talking Paper on Service of Process on Air Force Installations
  • Appendix 1-B. State Department Advisory on Service of Legal Documents Abroad
  • Appendix 1-C. The Hague Service Convention (in Germany and Elsewhere)
  • Appendix 1-D. State Department Advisory on Service of Process in Germany
  • Appendix 1-E. State Department Advisory on Service of Process in Italy
  • Appendix 1-F. State Department Advisory on Service of Process in the United Kingdom
  • Appendix 1-G. State Department Advisory on Service of Process in Japan
  • Appendix 1-H. State Department Advisory on Service of Process in South Korea
  • Appendix 1-I. Explaining Service of Process to Your Client
  • Chapter 2. The Servicemembers Civil Relief Act
  • 2.01. Introduction
  • 2.02. Stay of Proceedings
  • Verifying Military Status
  • Deciding a Stay Request
  • A Gap in the SCRA
  • Length of Stay and Appointed Counsel
  • 2.03. Default Judgments
  • Requirements for the Moving Party
  • Execution of Judgments
  • 2.04. Opposing a Stay Request
  • 2.05. The Child Support Case
  • 2.06. Inquiring into "Material Effect"
  • 2.07. The Danger of Conclusory Statements
  • 2.08. Contested Claims and Stages
  • 2.09. Discovery and the Stay Request
  • 2.10. Guidelines for the Judge
  • 2.11. Good Faith
  • 2.12. Prevention of Problems
  • 2.13. Other Provisions of the SCRA
  • 2.14. Internet Resources
  • 2.15. Conclusion
  • Appendix 2-A. Sample Motion for Stay of Proceedings under the Servicemembers Civil Relief Act (SCRA)
  • Appendix 2-B. SCRA Flow Chart on Stay of Proceedings (No Appearance by Servicemember)
  • Appendix 2-C. SCRA Flow Chart for "Additional Stay"
  • Chapter 3. Custody and Visitation
  • 3.01. Custody and the SCRA
  • Military Custodian Entitled to a Stay of Proceedings
  • Noncustodial Servicemember Entitled to Stay
  • Conduct of the Nonmilitary Parent
  • Conduct of the Military Parent
  • 3.02. Mobilization and the Military Parent
  • Mobilization Cases
  • Temporary Custody Trumps SCRA
  • Temporary Custody Trumps SCRA and Family Care Plan
  • Custody through Power of Attorney
  • Is There an Emergency?
  • 3.03. Mobilization and Deployment-Clauses to Consider
  • 3.04. Jurisdictional Concerns
  • 3.05. Additional Jurisdictional Considerations
  • 3.06. Testimony and Evidence in Interstate Cases
  • Inconvenient Forum
  • 3.07. Custody for the Servicemember
  • Custody for the Servicemember and Deployment
  • 3.08. Military Visitation
  • Planning for Long-Distance Visitation
  • Enforcement of Visitation Rights and Access
  • Delegation of Visitation Rights
  • 3.09. Family Care Plans
  • 3.10. Obtaining Health Records
  • 3.11. Obtaining Educational Records
  • 3.12. Early Return/Advance Return of Dependents
  • Return of Children from Overseas: Regulations
  • The Army Regulation
  • Other Parental Kidnapping Remedies
  • Foreign and Domestic Jurisdiction
  • The Hague Convention and International Abduction
  • Consent to Removal
  • 3.13. Instituting Suit for Custody Overseas
  • Foreign Country Custody Orders and American Courts
  • Appendix 3-A. Department of Defense Dependents Schools DODDS 22
  • Appendix 3-B. Department of Defense Dependents Schools DODDS 26
  • Chapter 4. Family Support
  • 4.01. Introduction
  • 4.02. Paternity Issues
  • Paternity and Estoppel
  • Tissue Tests
  • Trial and Proof
  • Welfare Reform Act
  • Military Paternity Regulations
  • 4.03. Family Support
  • Child Support: Monetary Amount
  • Military Guidelines When There Is No Order
  • Air Force Rules
  • Marine Corps Rules
  • Navy Rules
  • Coast Guard Rules
  • Army Rules-Overview
  • 4.04. Figuring Support-BAQ, VHA, and Now ... BAH!
  • 4.05. Court Orders and Interim Support
  • 4.06. Remedies and Methods of Payment
  • 4.07. The Nonsupport Complaint Letter: A Low-Cost Remedy
  • 4.08. Mobilization and Support
  • 4.09. Expediting the Hearing for the Servicemember
  • 4.10. Calculating Child Support
  • The Value of the LES
  • What Is Income?
  • Converting Nontaxable to Taxable Income
  • Guard and Reserve Pay
  • Medical Expenses
  • 4.11. Overview of Military Medical Benefits
  • Benefits for Family Members
  • Other TRICARE Benefits
  • Transitional Health Care
  • Children's Medical Coverage
  • Other Health Care Coverage
  • Health Care Definitions
  • Deadlines and Logistics
  • Allocation of Child Support
  • 4.12. Life Insurance
  • 4.13. Variances and Visitation
  • 4.14. Long-Distance Visitation
  • 4.15. Military Child Support and UIFSA
  • 4.16. Garnishment Overview
  • Garnishment Procedures
  • Requests for Payroll Information of Servicemembers
  • 4.17. Inexpensive Enforcement: The Involuntary Allotment
  • 4.18. Support Enforcement against Military Retirees
  • 4.19. Alimony Overview
  • Basic Facts and Law
  • An Alimony Template
  • Advising about Alimony
  • How Much Alimony?
  • Spousal Medical Expenses and Coverage
  • When Does Alimony End?
  • Waiver of Alimony
  • Conditional Payment of Alimony
  • How to Reserve Alimony
  • 4.20. Spousal Support-Avoiding Nonsupport Complaint Letters
  • Appendix 4-A. Proving Paternity by Presumption and Preclusion
  • Appendix 4-B. Army Support Flow Chart, Single Soldier
  • Appendix 4-C. Army Support Flow Chart, Married Soldier
  • Appendix 4-D. Army Client Handout on Nonsupport
  • Appendix 4-E. Sample Army Nonsupport Letter
  • Appendix 4-F. Reading a Leave-and-Earnings Statement
  • Appendix 4-G. Sample Leave-and-Earnings Statements
  • Appendix 4-H. Military Child Support and UIFSA Outline
  • Appendix 4-I. Child Support Enforcement Abroad
  • Appendix 4-J. U.S. Department of Health and Human Services Administration for Children and Families-Office of Child Support Enforcement Information Memorandum IM-98-03
  • Appendix 4-K. Application for Former Spouse Payments from Retired Pay (DD Form 2293)
  • Appendix 4-L. Sample Involuntary Allotment Letter
  • Chapter 5. Domestic Violence
  • 5.01. Introduction
  • 5.02. Civil and Criminal Remedies under State Law
  • 5.03. Military Remedies
  • The Family Advocacy Program
  • Command Responses
  • 5.04. Firearm Possession Problems
  • 5.05. Transitional Compensation
  • 5.06. Military Pension Division
  • 5.07. Conclusion
  • Chapter 6. Divorce
  • 6.01. Introduction
  • 6.02. What Is Domicile?
  • Domicile Protection for Servicemembers
  • Changing One's Domicile
  • The Importance of Domicile in Divorce Cases
  • Faux Residence Statutes
  • "Tax Texans"
  • 6.03. Residence
  • 6.04. Divorce, Domicile, and the Nonmilitary Spouse
  • 6.05. Military Entitlements and Divorce
  • 6.06. Defense or Delay
  • 6.07. Domicile and Discovery
  • 6.08. Divorce Procedures and the Servicemember
  • 6.09. Peremptory Settings
  • 6.10. Foreign Divorces
  • Appendix 6-A. State of Legal Residence Certificate (DD Form 2058)
  • Appendix 6-B. Domicile Checklist for Servicemembers and Spouses
  • Appendix 6-C. Questions and Answers about Domicile
  • Appendix 6-D. Former Spouse Benefits Chart
  • Appendix 6-E. Silent Partner, Counseling on Foreign Divorce
  • Appendix 6-F. U.S. State Department Advisory on Divorce Overseas
  • Appendix 6-G. Foreign Divorce and the Military: Traversing the "You're No Longer Mine" Field
  • Appendix 6-H. Sample Brief, Invalidity of Purported Mexican Divorce
  • Chapter 7. Family Law Tax Issues
  • 7.01. Military Tax Issues, Resources, and the Servicemember
  • 7.02. Tax-Exempt Income and the Servicemember
  • 7.03. The Military Family Tax Relief Act of 2003
  • 7.04. Back Taxes
  • 7.05. Transfer of Dependency Exemptions and Child Tax Credits
  • 7.06. Military Tax Resources
  • Appendix 7-A. Information Paper: Qualifying for Combat Zone Tax Benefits
  • Appendix 7-B. Information Paper: Tax Treatment of Capital Gain on Sale of Home
  • Appendix 7-C. Judge Advocate General Legal Center and School's Military Tax Outline
  • Appendix 7-D. IRS Publication 3 Armed Forces' Tax Guide
  • Appendix 7-E. Need-to-Know Divorce Tax Law for Legal Assistance Officers
  • Appendix 7-F. Judge Advocate General Legal Center and School's Tax Aspects of Marriage and Divorce Outline
  • Chapter 8. Pension and Property Division
  • 8.01. Introduction
  • 8.02. Military Retirement Benefits
  • Calculation of Benefits
  • Fifty-Percent Formula
  • High-3 Formula
  • REDUX Formula
  • 8.03. Guard and Reserve Retirement
  • 8.04. The Uniformed Services Former Spouses' Protection Act
  • 8.05. Roadblocks to Stop Division: Jurisdiction over the Pension
  • Domicile as Jurisdiction
  • Domicile as a Defense
  • The Nonmilitary Spouse and the Domicile Dilemma
  • Challenging a Domicile Claim
  • The Consent Conundrum
  • State Law Differences
  • "Consent" Cases
  • The Danger of a Default Judgment
  • 8.06. Other Roadblocks
  • Constitutionality
  • Retroactivity
  • Timeliness
  • Waiver
  • Statutory Bars to Pension Division
  • 8.07. Forum Shopping
  • 8.08. Type of Pension
  • 8.09. Military Disability Retired Pay
  • 8.10. VA Disability Benefits
  • Concurrent Receipt
  • Dealing with VA Waivers-State Court Reponses
  • Drafting to Defend the Nonmilitary Spouse
  • Remedies for Post-Divorce VA Waivers
  • 8.11. Cautionary Advice for the Parties
  • 8.12. How to Divide the Military Pension
  • Deferred Division Overview
  • Calculating the Marital Share
  • Choosing a Method of Pension Payment
  • Drafting a Pension Division Clause: Traps and Tips
  • Deferred Division Examples
  • Present Value Offset
  • Reserve and National Guard Pensions
  • Computations-An Example
  • 8.13. Recall to Active Duty
  • 8.14. Dividing Disposable Retired Pay
  • 8.15. The Survivor Benefit Plan
  • Benefits and Disadvantages of SBP
  • DIC Offset
  • Election Options
  • Dealing with Deadlines
  • Termination of SBP Coverage
  • Changing SBP Coverage
  • Remedies for the Wronged Former Spouse
  • Strategies for the Servicemember
  • Who Pays the Premium?
  • Strategies for the Spouse
  • Life Insurance Issues
  • Other SBP Issues
  • 8.16. Early Separation from the Military: What Happens to Retirement Benefits?
  • Early-Out Options: VSI and SSB
  • Fifteen-Year Retirement
  • Civil Service Rollovers
  • 8.17. Retroactive Payments
  • 8.18. Direct Pension Payments from DFAS
  • "Who Ya Gonna Call?"
  • Use the Right Document
  • Jurisdiction
  • The Ten-Year Rule
  • Wording Issues
  • Don't Ask for "Too Much"
  • The Servicemembers Civil Relief Act
  • DFAS Response
  • The DFAS Checklist
  • 8.19. Pension Division and Domestic Abuse
  • 8.20. The Thrift Savings Plan
  • Dividing the TSP
  • 8.21. Other Marital Property-CSB/REDUX
  • 8.22. Other Marital Property-Accrued Leave
  • 8.23. Valuing the Servicemember's Military Medical Benefits
  • 8.24. Commissary and Exchange Privileges
  • 8.25. ID Cards
  • 8.26. The "Lost" Military Pension and How to Retrieve It
  • 8.27. Over the Horizon
  • 8.28. Know Your Resources
  • Appendix 8-A. Army Reserve Retirement Points Statement
  • Appendix 8-B. Uniformed Services Former Spouses' Protection Act, 10 U.S.C. [section] 1408
  • Appendix 8-C. Department of Defense Financial Management Regulations
  • Appendix 8-D. 1995 Proposed Revisions to Regulations on Military Pension Division
  • Appendix 8-E. Dividing Military Retired Pay
  • Appendix 8-F. Sample Motion and Order for Military Pay Records
  • Appendix 8-G. State Court Treatment of Military and Veteran's Disability Benefits: A 2004 Update
  • Appendix 8-H. Sample Present Value Opinion Letter for Army Reserve Pension
  • Appendix 8-I. Reserve Component Survivor Benefit Plan (RCSBP) Coverage and Costs
  • Appendix 8-J. Application Form for Correction of Military Records
  • Appendix 8-K. Sample Request for Change of SBP Beneficiary in Application for Correction of Military Records
  • Appendix 8-L. Illustration of Calculations to Shift Cost of SBP to Non-Military Spouse and to Reduce SBP Benefit to Lifetime Pension Share
  • Appendix 8-M. Table for SBP Shifting Premium to Spouse or Former Spouse
  • Appendix 8-N. Table for SBP Shifting Premium to Servicemember
  • Appendix 8-O. Sample Retiree Account Statement
  • Appendix 8-P. Thrift Savings Plan Booklet Excerpt on Court Orders
  • Appendix 8-Q. Sample Military Pension Division Order
  • Glossary of Terms, Abbreviations, and Acronyms
  • Table of Cases
  • Index

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