Blogs
For some people on Social Security, Doing Nothing About Debt Problems Works Fine I tell a couple people a month there’s no reason to file bankruptcy. Most often older people who have no income except for social security. For them, there’s often no reason to file bankruptcy. Here’s why. People File Bankruptcy for Three Reasons […]
The post Solving Your Debt Problems By Doing Nothing. by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
“Quality and compassion. ” S.
She is an expert in her field and compassionate. She listens and provides good advice. She will help you resolve difficult circumstances. S.
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The post She is an expert in her field and compassionate. appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.
In Bankruptcy, Can I Protect the Equity in My House? Bankruptcy is set up by the Federal government, but each state sets its own rules on how much equity you can protect if you file Chapter 7 bankruptcy. That protection is called your homestead exemption. In April 2022, Colorado raised their homestead exemption from $75,000 […]
The post Colorado Bankruptcy Homestead Just Increased to $250,000 by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
In Bankruptcy, Can I Protect the Equity in My House? Bankruptcy is set up by the Federal government, but each state sets its own rules on how much equity you can protect if you file Chapter 7 bankruptcy. That protection is called your homestead exemption. In April 2022, Colorado raised their homestead exemption from $75,000 […]
The post Colorado Bankruptcy Homestead Just Increased to $250,000 by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
April 2022 saw courts dish out two big penalties for Bankruptcy Fraud. In April 2022, over in the UK, former tennis great Boris Becker was sentenced to two-and-a-half years in prison for bankruptcy fraud: hiding $3 million in assets during his case. Becker had landed bankruptcy in the UK back in 2017, because of a […]
The post Penalties for Bankruptcy Fraud by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
April 2022 saw courts dish out two big penalties for Bankruptcy Fraud. In April 2022, over in the UK, former tennis great Boris Becker was sentenced to two-and-a-half years in prison for bankruptcy fraud: hiding $3 million in assets during his case. Becker had landed bankruptcy in the UK back in 2017, because of a […]
The post Penalties for Bankruptcy Fraud by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
In 2009, the District Court of the Southern District of Texas upheld the Bankruptcy Court's decision refusing to recognize of the foreign bankruptcy pending in Israel in the case of In re Lavie, ___ B.R. ___, 2009 WL 890387 (S.D. Tex. 2009).
In 1997 involuntary bankruptcy proceedings were initiated in Israel against Yuval Ran and Zuriel Lavie was appointed temporary receiver and later in 1999, the trustee of Ran's bankruptcy estate. In 1997 Ran moved to Houston, Texas. In 2006, the Israeli trustee Lavie filed a petition seeking recognition of the Israeli bankruptcy proceeding as a foreign main or foreign nonmain proceeding under chapter 15 of the U.S. bankruptcy code. The bankruptcy court denied Lavie's petition and the appeal therefrom was remanded to the bankruptcy court for further findings. On remand, the bankruptcy court declined to recognize the Israeli bankruptcy proceeding as either a foreign main or foreign nonmain proceeding. Lavie further appealed the bankruptcy court's decision.
The court reviewed that chapter 15 of the bankruptcy code was designed to optimize disposition of international insolvencies by facilitating appropriate access to the U.S. bankruptcy courts by a representative of an insolvency proceeding pending in a foreign country. Under section 304 of the bankruptcy code, which was chapter 15's predecessor, relief to foreign representatives was generally based on subjective factors and comity. In contrast, under chapter 15 the courts are given objective statutory guidelines as to whether to "recognize" the foreign proceeding.
A foreign proceedings can be a main proceeding, a non-main proceeding, or a foreign proceeding that is neither main nor non-main. A foreign proceeding must be recognized as main or non-main in order to be recognized and for chapter 15 relief to be granted. A foreign main proceeding is a foreign proceeding pending in the country where the debtor has the center of its main interest ("COMI"). The habitual residence of an individual person is presumed to be his COMI, but this presumption can be rebutted. Other factors recognized by the court in In re Loy were the location of the debtor's primary assets, the location of the majority of the debtor's creditors, and the jurisdiction whose law would apply to most disputes. In re Loy, 380 B.R. 154, 162 (Bankr. E.D. Va.2007). The court noted that European courts generally find that an individual's COMI is his habitual or permanent residence. A foreign court's determination that its jurisdiction is the debtor's COMI does not bind a U.S. court, but chapter 15 requires the U.S. court to make an independent finding at the time of the filing of the petition for recognition rather than at the time the foreign insolvency proceedings were initiated in the foreign court.
A foreign nonmain proceeding is a foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment 11 U.S.C. section 1502(5). An establishment is defined as "any place of operations where the debtor carries out a nontransitory economic activity." The existence of an establishment is a factual question with no presumption in its favor. The court held that although chapter 15 does not explicitly detail the relevant time period for the determination of whether there is an "establishment, " the use of the present tense in section 1502(2) implies that the determination should be made as of the time of the filing of the petition for recognition by the foreign representative under chapter 15.
The District Court upheld the Bankruptcy Court's denial of of recognition of the Israeli bankruptcy proceedings as a foreign main proceeding. The District Court also found that the pending Israeli insolvency proceeding not a foreign nonmain proceeding. The Court rejected the argument that the pending Israeli insolvency proceeding in and of itself was such an economic activity as to constitute an establishment necessary for a foreign nonmain proceeding. The Court held that the Israeli insolvency trustee's activities were as the agent of the bankruptcy estate and not as the agent of Ran.
The Court noted that although the recognition was denied, this did not affect any right the foreign trustee may have to sue in the U.S. to collect on his claim.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
In 2009, the District Court of the Southern District of Texas upheld the Bankruptcy Court's decision refusing to recognize of the foreign bankruptcy pending in Israel in the case of In re Lavie, ___ B.R. ___, 2009 WL 890387 (S.D. Tex. 2009).
In 1997 involuntary bankruptcy proceedings were initiated in Israel against Yuval Ran and Zuriel Lavie was appointed temporary receiver and later in 1999, the trustee of Ran's bankruptcy estate. In 1997 Ran moved to Houston, Texas. In 2006, the Israeli trustee Lavie filed a petition seeking recognition of the Israeli bankruptcy proceeding as a foreign main or foreign nonmain proceeding under chapter 15 of the U.S. bankruptcy code. The bankruptcy court denied Lavie's petition and the appeal therefrom was remanded to the bankruptcy court for further findings. On remand, the bankruptcy court declined to recognize the Israeli bankruptcy proceeding as either a foreign main or foreign nonmain proceeding. Lavie further appealed the bankruptcy court's decision.
The court reviewed that chapter 15 of the bankruptcy code was designed to optimize disposition of international insolvencies by facilitating appropriate access to the U.S. bankruptcy courts by a representative of an insolvency proceeding pending in a foreign country. Under section 304 of the bankruptcy code, which was chapter 15's predecessor, relief to foreign representatives was generally based on subjective factors and comity. In contrast, under chapter 15 the courts are given objective statutory guidelines as to whether to "recognize" the foreign proceeding.
A foreign proceedings can be a main proceeding, a non-main proceeding, or a foreign proceeding that is neither main nor non-main. A foreign proceeding must be recognized as main or non-main in order to be recognized and for chapter 15 relief to be granted. A foreign main proceeding is a foreign proceeding pending in the country where the debtor has the center of its main interest ("COMI"). The habitual residence of an individual person is presumed to be his COMI, but this presumption can be rebutted. Other factors recognized by the court in In re Loy were the location of the debtor's primary assets, the location of the majority of the debtor's creditors, and the jurisdiction whose law would apply to most disputes. In re Loy, 380 B.R. 154, 162 (Bankr. E.D. Va.2007). The court noted that European courts generally find that an individual's COMI is his habitual or permanent residence. A foreign court's determination that its jurisdiction is the debtor's COMI does not bind a U.S. court, but chapter 15 requires the U.S. court to make an independent finding at the time of the filing of the petition for recognition rather than at the time the foreign insolvency proceedings were initiated in the foreign court.
A foreign nonmain proceeding is a foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment 11 U.S.C. section 1502(5). An establishment is defined as "any place of operations where the debtor carries out a nontransitory economic activity." The existence of an establishment is a factual question with no presumption in its favor. The court held that although chapter 15 does not explicitly detail the relevant time period for the determination of whether there is an "establishment, " the use of the present tense in section 1502(2) implies that the determination should be made as of the time of the filing of the petition for recognition by the foreign representative under chapter 15.
The District Court upheld the Bankruptcy Court's denial of of recognition of the Israeli bankruptcy proceedings as a foreign main proceeding. The District Court also found that the pending Israeli insolvency proceeding not a foreign nonmain proceeding. The Court rejected the argument that the pending Israeli insolvency proceeding in and of itself was such an economic activity as to constitute an establishment necessary for a foreign nonmain proceeding. The Court held that the Israeli insolvency trustee's activities were as the agent of the bankruptcy estate and not as the agent of Ran.
The Court noted that although the recognition was denied, this did not affect any right the foreign trustee may have to sue in the U.S. to collect on his claim.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
Happy Earth Day, Texans! Texas is a beautiful state that we are lucky to call ‘home’. In order to protect our wonderful home, we need to make sure it is clean & taken care of.
Below are ways that Texans can do their part to help keep our home clean, both on Earth Day AND all year long.
Earth Day Celebrations
Earth Day Texas – Dallas
When: April 22-24, 2022
Where: Kay Bailey Hutchison Convention Center
Time: 10 am – 6 pm
Description: “The mother of all eco expos is held on three days and attracts thousands of visitors to Fair Park. Hundreds of exhibitors will be on hand, including environmental non-profits, businesses, academic institutions and government agencies aiming to raise the environmental consciousness of North Texans. There is also a full schedule of speakers, demonstrations and films at this free fest founded by Dallas philanthropist Trammell S. Crow.”
Website: https://earthx.org/activities/
Plant A Seed For Earth Day – Fort Worth
When: April 22, 2022
Where: Fort Worth Public Library
Time: 4 pm – 5 pm
Description: “At your library, you have a fun space for creativity and development. Bring and friend and learn how to care for it and see how a plant grows. As a destination for discovery, your Fort Worth Public Library is a location for learners of any age. This is a free event!” (Perfect for families!)
Website: https://newsroom.heb.com/event/plant-a-seed-for-earth-day-fort-worth-public-library/
Earth Day at Woodlawn Lake Park – San Antonio
When: April 23, 2022
Where: 1103 Cincinnati Ave. (Woodlawn Lake Park)
Time: 10 am – 2 pm
Description: “Celebrate Earth Day 2022 with San Antonio Parks and Recreation! This fun-filled event will feature over 50 environmental organizations, hands on family activities, free tree adoptions, engaging dance and musical performances, and lots more! Connect with representatives from local organizations whose work focuses on conservation, take a free Fitness in the Park class, and enjoy a healthy treat from one of our food vendors.”
Website: https://www.sanantonio.gov/ParksAndRec/News-Events/Earth-Day
Earth Day ATX 2022 – Austin
When: April 23, 2022
Where: Huston-Tillotson University
Time: 12 pm – 6 pm
Description: “Earth Day Austin is the largest sustainability event in Central Texas. On April 23, 2022, thousands from the Austin Area and beyond will come to learn about conservation and sustainable solutions, celebrate our love for the environment, and get connected to the best and most innovative green businesses and organizations. Your business or organization should be right in the center of it. With family and friends, attendees explore rich, in-depth programming, exciting new activities and engaging exhibitions that allow them to discover new connections to the environment and environmental issues. Inspired by their experiences and interactions, participants are empowered to make new sustainable choices that enhance their lives while helping the planet.”
Website: https://earthdayaustin.com/for-exhibitors-2-2/
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Earth Day, Every Day!
Groundwork Dallas – Dallas
When: Every Saturday
Where: Event locations changing constantly. Click here for location.
Time: 9 am – 12 pm
Description: Join Groundwork Dallas every Saturday to help protect and clean Dallas!
Website: https://greensourcedfw.org/events/groundwork-dallas-parks-cleanup-volunteer-opportunity-dallas-every-saturday
Organize A Litter Cleanup – Fort Worth
When: Can be whichever date you choose
Where: Can be whichever location you choose
Time: Can be whichever time you choose
Description: “Keep Fort Worth Beautiful supports volunteers by providing them with trash bags and gloves, which helps in their efforts to clean litter and have a positive impact on their community. KFWB typically provides the following supplies for a standard two-hour cleanup:
- One bag per adult volunteer
- One bag per two youth volunteers
- Gloves for all volunteers
- Equipment to help any volunteers who are elderly or who have disabilities (available upon request)”
Website: Create your littler cleanup here: https://www.fortworthtexas.gov/departments/code-compliance/kfwb/initiatives/litter
San Antonio River Authority – San Antonio
When: Can be whichever date you choose
Where: Can be whichever location you choose
Time: Can be whichever time you choose
Description: “Every year, the San Antonio River Authority, City of San Antonio, Bexar County, other governmental agencies, and volunteers pull tons of trash out of area creeks and rivers. A piece of trash you see on the sidewalk in your neighborhood or on the ground at an area park will likely end up in a local waterway. You can help make a difference. Don’t let litter trash your river!”
Website: https://www.sariverauthority.org/trash-initiative/volunteer-toolkit
Keep Austin Beautiful – Austin
When: The 2nd Saturday of every month
Where: Event locations changing constantly
Time: Event times changing constantly
Description: “We inspire and educate all Austinites to volunteer together, beautify green spaces, clean waterways, and reduce waste every day. Keep Austin Beautiful empowers people to care for the environment by providing community resources, education, and volunteer opportunities.”
Website: Must register here per event: https://keepaustinbeautiful.org/volunteer-opportunities/
The post How Can Texans Celebrate Earth Day? appeared first on Allmand Law Firm, PLLC.
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