Consumer Bankruptcy Law and Practice: Exhibit B
Exhibit B
[name—administrator] [state] Financial Responsibility Division [address]
Re: [debtor], [address], Operator’s License [number]
Dear [name]:
Exhibit B
[name—administrator] [state] Financial Responsibility Division [address]
Re: [debtor], [address], Operator’s License [number]
Dear [name]:
Also available at www.irs.gov.
TABLE OF CONTENTS
Part 5—Collecting Process
Chapter 15—Financial Analysis
Section 1—Financial Analysis Handbook
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5.15.1.8 Allowable Expense Overview
5.15.1.9 National Standards
5.15.1.10 Local Standards
5.15.1.11 Other Expenses
5.15.1.12 Determining Individual Income
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1. Allowable expenses include those expenses that meet the necessary expense test. The necessary expense test is defined as expenses that are necessary to provide for a taxpayer’s and his or her family’s health and welfare and/or production of income. There are three types of allowable expenses:
• Allowable Living Expenses—based on National and Local Standards
• Other Necessary Expenses—expenses that meet the necessary expense test, and are normally allowed
1. National Standards: Food, Clothing and Other Items—These include the following expenses:
a. Apparel and services. Includes shoes and clothing, laundry and dry cleaning, and shoe repair.
b. Food. Includes all meals, home and away.
1. Other expenses may be necessary or conditional. Other necessary expenses meet the necessary expense test and normally are allowed. The amount allowed must be reasonable considering the taxpayer's individual facts and circumstances. Other Conditional Expenses may not meet the necessary expense test, but may be allowable based on the circumstances of an individual case.
1. Generally all household income, including income that is exempt from tax on the Form 1040, will be used to determine the taxpayer’s ability to pay. Income earned by a taxpayer’s dependent child, claimed on the child’s Income Tax Return, would generally not be included in the taxpayer’s household income. However, if an independent adult child is living with the taxpayer and contributing to the household income used to pay living expenses, that adult child’s income may be included in a Shared Expense analysis.
Section 11.3, supra, considers Article III constitutional standing requirements for FCRA claims brought in federal court, in light of the Supreme Court’s decisions in Ramirez and Spokeo.
1. Local standards include the following expenses:
a. Housing and Utilities—The housing and utilities standards are derived from U.S. Census Bureau, American Community Survey and BLS data, and are provided by state down to the county level.
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
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CHAPTER 6—BANKRUPTCY JUDGES
28 U.S.C. § 151. Designation of bankruptcy courts
28 U.S.C. § 152. Appointment of bankruptcy judges
28 U.S.C. § 153. Salaries; character of service
28 U.S.C. § 154. Division of business; chief judge
28 U.S.C. § 155. Temporary transfer of bankruptcy judges
28 U.S.C. § 156. Staff; expenses
28 U.S.C. § 157. Procedures
28 U.S.C. § 158. Appeals
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
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CHAPTER 9—BANKRUPTCY
18 U.S.C. § 151. Definition
18 U.S.C. § 152. Concealment of assets; false oaths and claims; bribery
18 U.S.C. § 153. Embezzlement against estate
18 U.S.C. § 154. Adverse interest and conduct of officers
18 U.S.C. § 155. Fee agreements in cases under title 11 and receiverships
18 U.S.C. § 156. Knowing disregard of bankruptcy law or rule
18 U.S.C. § 157. Bankruptcy fraud
This agreement is entered into on this [date] day of [month], [year], by and between [name of prospective client] and [name of spouse, if prospective co-client], and the [name of law firm or attorney] (referred to as the “Attorney”).
This appendix reprints those selected provisions of the Uniform Commercial Code (UCC) Articles 1, 3, 4, and 4A and their official comments that are most often consulted in consumer cases involving checks and wires. Every state has adopted these four UCC Articles, but not every state has adopted the same version.
Article 1 was revised in 2001 and every state has adopted those amendments.
(a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) to simplify, clarify, and modernize the law governing commercial transactions;
(2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
[The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Official Comments
Source: Former Section 1-104.
Changes from former law: Except for changing the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-104.
(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated.
(b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof:
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(2) “Aggrieved party” means a party entitled to pursue a remedy.
(a) Subject to subsection (f), a person has “notice” of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.
(a) Whether a time for taking an action required by [the Uniform Commercial Code] is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
Official Comments
Source: Former Section 1-204(2)-(3).
(a) Except as otherwise provided in subsection (b) or elsewhere in [the Uniform Commercial Code], the effect of provisions of [the Uniform Commercial Code] may be varied by agreement.
Every contract or duty within [the Uniform Commercial Code] imposes an obligation of good faith in its performance and enforcement.
Official Comments
Source: Former Section 1-203.
Changes from former law: Except for changing the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-203.
(a) In this Article:
(1) “Acceptor” means a drawee who has accepted a draft.
2002 amendments (not widely adopted, see Appx. A, Introduction) added new paragraphs 2 and 3, as set out in this footnote.4
(2) “Drawee” means a person ordered in a draft to make payment.
(3) “Drawer” means a person who signs or is identified in a draft as a person ordering payment.
(a) Except as provided in subsections (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) is payable on demand or at a definite time; and
(a) “Issue” means:
(1) the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or
2002 amendments (not widely adopted, see Appx. A, Introduction) made minor changes, as set out in the footnotes below.
(a) A promise or order is “payable on demand” if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.
(a) A promise or order is payable to bearer if it:
(1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;
(2) does not state a payee; or
(3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.