法律知識 破產法
CAN DEBTOR COMPEL BANK TO FORECLOSE
Why would a debtor want to compel bank to foreclose on his house? Recently, the LA times ran a story about a man who filed for Chapter...
2484 8/6/2013
PRE-FILING TRANSFER OF HOUSE TO SON FRAUDULENT
Let’s assume that you lost your job and are no longer able to make the mortgage payments on your house, so you quitclaim the house to ...
2042 8/6/2013
申請破產之前將房子轉讓給兒子的欺詐性
假設你失去了工作，無法供你的房屋貸款，所以你放棄房子的權利，由你的兒子接著按揭付款。你的房子有淨值為$70,000美元。下週，你決定提交第7章破產救濟，因為你欠了$50,000美...
4165 8/6/2013
TRANSFER OF $30,000 TO SON FOR COLLEGE BEFORE BK FILING FRAUDULENT...
The 341a hearing for this case was held last week on Friday, the day after Thanksgiving. I was sitting in the courtroom minding my bus...
2086 8/6/2013
STEALTH ARREST WARRANTS FOR DEBT IN THE U.S.A.
There are no debtor prisons in America since the 19th century. Before and during the 19th century, creditors had the power to put debt...
2148 8/6/2013
PAYING ADULT SON’S CAR MAY BACKFIRE AND CAUSE DISMISSAL OF BK...
Parents often times help a son or daughter who has just turned 18 buy a car by paying for the monthly payments of the car until the ch...
2540 8/6/2013
Inherited retirement account is not exempt in bankruptcy...
Section 522(n) of the bankruptcy code states that “For assets in individual retirement accounts described in section 408 or 408A of th...
2036 8/6/2013
IS TONI BRAXTON’S CHAPTER 7 CASE PRESUMPTIVELY ABUSIVE?...
Toni Braxton, the famous singer and Las Vegas icon, with well-known hits as ‘Breathe Again” filed for Chapter 7 bankruptcy two months ...
1931 8/6/2013
HONESTY AND TRANSPARENCY OF FINANCES REQUIRED FOR BK DISCHARGE...
I cannot overemphasize the need for debtors to be honest and transparent in their financial transactions when they file for bankruptcy...
2388 8/6/2013
比較破產程式中清償債權 喪失抵押品贖回權和虧損出售的區別
很多客人不止一次問過我關於法律上破產程式中清償債權,喪失抵押品贖回權和虧損出售的區別。由此可見,這 3個概念經常被人混淆。現在讓我們先從定義上區別每個概念: 破產程式中...
4146 8/6/2013
破產呈請書須務求正確 否則申請可能被撤銷
Bankruptcy petitions must be accurate. If they are not accurate, discharge may be denied pursuant to Section 727 (a) (4) which states ...
2211 8/6/2013
FAILURE TO PRODUCE DOCUMENTS RESULTS IN DENIAL OF BK DISCHARGE...
We are talking about a debtor in a chapter 7 case where the U.S. Trustee has requested debtor to produce documents to enable the U.S. ...
3148 8/6/2013
DEFALCATION REQUIRES CONSCIOUS MISBEHAVIOR TO BE EXCEPTED...
Defalcation is the misuse of money held in trust by a fiduciary. A fiduciary holds money of people in their bank accounts. The money d...
2287 8/22/2013
CREDITOR MUST CLEARLY ESTABLISH LEGAL LIABILITY OF BK DEBTOR...
A creditor who claims that debt owed by bankruptcy debtor is not dischargeable must establish clearly that debtor legally owes the deb...
1514 8/6/2013
VOLUNTARY DISMISSAL OF CHAPTER 13 IS NOT ABSOLUTE
11 U.S.C. SS1307(b) states “on request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 ...
2435 8/6/2013