法律知識 破產法

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IS INHERITED IRA EXEMPT IN BANKRUPTCY?

Not many people know that parents can transfer their retirement accounts such as 401k and IRA to their children tax free. For instance...

2991 8/6/2013

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破產時沒有列出租金收入會被定為不誠實

“破產法”第707節的規定,法院有權對濫用破產的案件予以撤銷。什麼樣的行為構成債務人濫用破產法要看全面情況。例如,儘管入息測試裡表明他擁有豐厚可支配收入,而債務人仍然申...

4434 11/7/2016

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AUTISTIC DEBTOR DISCHARGES STUDENT LOANS

The general rule in bankruptcy is that student loans are not dischargeable debts, unless debtor can satisfy the three prongs of the ‘B...

2483 8/6/2013

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破產對信用的影響

付不起房貸的小錢想申請破產解決債務問題卻擔心破產會影響信用分數。根據信用分數評估公司FICO公佈的資料,信用分數由五大部分組成:付款紀錄(35%)丶債務總額(30%)丶信用紀...

3748 8/6/2013

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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...

3539 8/6/2013

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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 ...

3678 8/6/2013

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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...

6815 8/6/2013

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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...

2603 8/6/2013

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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...

3053 8/6/2013

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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...

3540 8/6/2013

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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...

3072 8/6/2013

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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 ...

3275 8/6/2013

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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...

4274 8/6/2013

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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...

6332 8/6/2013

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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 ...

3591 8/6/2013