法律知識 破產法
MEANS TEST NOT CONCLUSIVE ON DEBTOR ABILITY TO PAY
The means test is a relatively new standard to ferret out debtor abuse of bankruptcy law. The new bankruptcy law which took effect in ...
2734 8/22/2013
FALSE OATH MAY BE GROUND FOR DENIAL OF BK DISCHARGE...
Section 727(a)(4) of the bankruptcy code states that the court shall not give a discharge if “the debtor knowingly and fraudulently, i...
1933 8/22/2013
DUNKIN DONUTS JUDGMENT NOT CONCLUSIVE ON INTENT TO DECEIVE FOR BK DISCHARGE...
The situation for discussion is a debtor with a state court judgment against him for a transfer of stock that the judgment says was ma...
1665 8/22/2013
DEBTOR OBJECTIONS TO CREDITOR CLAIMS IN CHAPTER 13 MUST HAVE LEGAL BASIS...
Creditors of debtors who file for Chapter 13 bankruptcy relief have 90 days from the initial 341 A meeting of creditors to file their ...
2270 8/22/2013
DISHONEST CHAPTER 7 DEBTOR CANNOT CONVERT TO CHAPTER 13...
Section 706(a) of the Bankruptcy code says that “The debtor may convert a case under this chapter to a case under chapter 11, 12, or 1...
1857 8/22/2013
INTENTIONAL EVASION OF TAX PAYMENT MAY NEGATE BK DISCHARGE OF TAXES...
Sections 507 and 523 of the bankruptcy code states that income taxes are discharged in bankruptcy provided they are at least 3 years o...
1418 8/22/2013
PLEADING 5th AMENDMENT MAY RESULT IN DENIAL OF BANKRUPTCY ...
Everyone knows that the 5th amendment is the constitutional guarantee against self-incrimination. That amendment guaranties your right...
2511 8/22/2013
FALSE STATEMENT MUST BE FRAUDULENT & MATERIAL TO WARRANT DENIAL OF BK DISCHARGE...
Section 727(a)(4)(c) states that the court shall grant the debtor a discharge, unless… “(4) the debtor knowingly and fraudulently, in ...
1632 8/22/2013
TRUST DISTRIBUTION IS NOT PART OF BANKRUPTCY ESTATE...
We are going to discuss a situation where debtor files for Chapter 7 relief, and while his petition is pending, debtor finds out that ...
1933 8/22/2013
TREATMENT OF HOMEOWNER ASSOCIATION FEES IN BANKRUPTCY ...
If the HOA is for a rental property, the HOA is not dischargeable whether the fees arise before or after filing of the bankruptcy. If ...
2816 8/22/2013
OWNING BOAT MAY COST CHAPTER 7 DISCHARGE
Section 707 (a) of the bankruptcy code states that “The court may dismiss a case under this chapter only after notice and a hearing an...
1853 8/22/2013
LIEN AVOIDANCE DOES NOT REQUIRE EXEMPTION CLAIM
After a judgment is obtained, the next step is to enforce the judgment against the debtor’s assets. The creditor who has obtained a ju...
1998 8/22/2013
SEXUAL HARASSMENT DAMAGES NOT DISCHARGEABLE IN BANKRUPTCY...
Let’s say that you’re a man who loves women and you own a business distributing lingerie. You require all your women employees to wear...
2232 8/22/2013
如果企業主申請破產 拖欠員工的薪資這一項債務是否可以免除
經營生意的人有義務支付其雇員的工資。這是大家都知道的。但企業有時並不盈利 。很多時候，企業賠錢，最終申請破產。當企業破產時，他們都沒有能力支付其雇員的工資。因此，企業的...
2511 2/14/2017
DAUGHTERS’ BANKRUPTCIES FAIL TO SAVE PARENTS’ INVESTMENT PROPERTIES...
Parents sometimes involve their children to refinance houses when push comes to shove in a second to the last attempt to save their pr...
1537 8/22/2013