法律知識 破產法
不能單憑入息審查結果來判定債務人的支付能力
入息審查是一個比較新的標準,深挖債務人是否濫用破產法。新破產法於 2005年生效的規定,每一個破產債務人必須使用IRS(國稅局)允許扣除的費用計算他的總收入和淨利潤,得出人...
2367 11/7/2016
522(p) 章節對房地產豁免權的限制
第522章節包含了聯邦的申請破產豁免。並非所有州都有相同數量的房地產豁免。因此，一些有可能申請破產的債務人在申請之前便探討他們要搬到哪個最慷慨的州，才可以獲得最大的豁...
3637 11/7/2016
REBUTTING THE PRESUMPTION OF ABUSE IN BANKRUPTCY WITH AGE...
The new bankruptcy law which took effect in 2005 brought two new concepts. One is the “means test”. The other is the “PRESUMPTION OF A...
3196 8/22/2013
HOMESTEAD EXEMPTION LIMITED BY SECTION 522(P)
Section 522 contains the Federal exemptions for bankruptcy. Not all states have the same amount of homestead exemptions. So, some debt...
3113 8/22/2013
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 ...
3067 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...
2784 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...
2097 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 ...
3210 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...
2535 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...
1869 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...
3123 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 ...
2211 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 ...
2396 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 ...
3698 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...
2174 8/22/2013