法律知識

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親友借房借錢 應立據為憑

華人親友之間習慣「互通有無」,但在美國,出借社會安全號等個人資料,不僅容易引起財務糾紛,甚至會觸犯法律,新移民應視為禁忌,當有親友提出時,也必須將道理、法律講明白,保護自...

4247 8/22/2013

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ARE BUSINESS OWNERS IN CHAPTER 7 LIABLE FOR CORPORATE DEBT...

If a corporation is not able to pay its debt, can creditors of the corporation demand payment legally from the owners of the business ...

2133 8/22/2013

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AGENT’S FRAUD MAY BE IMPUTED TO DEBTOR

What happens when two persons are partners and agents of each other and one of them defrauds a creditor? If creditor objects to the di...

2453 8/22/2013

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破產申請中並不是每個遺漏都會被裁定為假誓

破產法第727(a)項(4)(A)規定,法院應給予債務人免債,除非"債務人故意欺詐,或作出與本案有關的虛假宣誓或敘述。"由於債務人在簽署請願書及填表格時,呈請如有虛假陳述或遺漏...

3330 8/22/2013

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ARE LIFE INSURANCE PROCEEDS EXEMPT IN BANKRUPTCY

Let's say that husband and wife filed for Chapter 7 bankruptcy relief to discharge $80,000 of credit card debt. A week after they file...

3412 8/22/2013

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DETERMINATION OF HOUSEHOLD SIZE FOR MEANS TEST CALCULATION ...

The ‘means test’ calculates the disposable income of debtor’s household using the B22 form for Chapter 7 and Chapter 13. The purpose o...

3129 8/22/2013

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JUDICIAL LIENS AND BANKRUPT DEBTOR’S RESIDENCE

A judicial lien is an involuntary lien that arises out of a judgment in a lawsuit. First, there is a lawsuit where the debtor is norma...

3075 8/22/2013

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TAKING ADVANTAGE OF FRIEND MAY AFFECT DISCHARGEABILITY OF DEBT...

Some people like to borrow money from friends and relatives but have no intention of ever repaying the money back. This is plainly and...

2316 8/22/2013

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BANKRUPTCY DISCHARGE DENIED TO MISSIONARY DOCTOR WITH VOW OF POVERTY ...

Wesley Snipes (famous actor in White men can’t jump; Blade Trilogy) believed that the Federal government did not have the right to col...

3692 8/22/2013

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DUI CLAIM IS NOT DISCHARGED IN BANKRUPTCY

If you drink, don’t drive. That’s good advice. Because if you are ‘driving under the influence’ of alchohol (DUI), the damage you caus...

3180 8/22/2013

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FRAUDULENT TRANSFER NOT DISCHARGEABLE IN BANKRUPTCY ...

A transfer of property for the purpose of hiding the property from creditors is a fraudulent transfer of property. For example, you ar...

4086 8/22/2013

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FIRE INSURANCE PROCEEDS HELD BY BK DEBTORS EXCLUDED FROM BK ESTATE ...

The situation we will discuss involves a fire that destroyed the house of homeowners. They had fire insurance to cover their loss. The...

4418 8/22/2013

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酒醉駕車造成的傷害在破產時不得免債

喝酒不開車。這是很好的建議。如果你是在酒精“的影響下駕駛”, 因為你而造成的傷害在你破產時是不得免債的。舉個例子說明這一點,你在一個晚上剛與朋友外出,你喝得太多了,在回...

3709 8/22/2013

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ARE PROCEEDS FROM HOMEOWNER’S INSURANCE DISPUTE EXEMPT IN BANKRUPTCY...

Let’s say that your house was partially destroyed by fire. You file a claim with your house insurance company for $200,000 for repairs...

3085 8/22/2013

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誓言貧窮的傳教士醫生的破產免債被拒絕

衛斯理斯奈普斯(著名演員曾主演《黑白游龍》"White men can't jump"; 《刀鋒戰士》三部曲"Blade Trilogy"),他認為,聯邦政府沒有權向他收取所得稅。所以,他多年沒有納稅...

3293 8/22/2013