I want to find law cases on discharging bankruptcy based upon
willingness
to settle all debts and having high prospective income potential
within few months, while the condition is withdrawal of bankruptcy to
maintain the integrity standard to perform job duties as investment
arrangement consultant and Director or management of Company.
The boundaries of research are not limited to US (England Law Cases
are preferable). If no exact cases are drawn, similar cases for review
laid down in discharge of bankruptcy under the granting of performing
professional or similar practice job duties in order to repay the
debts be granted are acceptable. |
Request for Question Clarification by
richard-ga
on
22 Mar 2003 04:36 PST
Hello:
I am prepared to provide you with cases in the UK and elsewhere on
discharge of bankruptcy and related issues, but I would appreciate it
if you would provide some further information. In bankruptcy law,
"discharge" refers to the fact that one who goes through the
bankruptcy process is excused and hence not required to pay most or
all of the debts that they owed at the time they commenced the
bankruptcy process. So a _discharge_ releases a debtor from personal
liability for certain debts known as dischargeable debts.
Hence it would be unusual to say the least for a person to be
discharged of his debts on condition that he work to repay them. Is
that what you have in mind?
Thank you
Google Answers Researcher
Richard-ga
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Request for Question Clarification by
pafalafa-ga
on
22 Mar 2003 06:02 PST
Hello Princess388,
In addition to Richard-ga's request, I have a few questions of my own:
1. Are you asking about personal or business bankruptcy?
2. Can you provide some more details here? Has bankruptcy already
been declared? If so, what type? Is the aim to now "un-declare"
bankruptcy? And if so, why?
3. You've implied some link between bankruptcy and a certain
"intergrity standard". Can you clarify what that is all about?
Thanks a lot.
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Clarification of Question by
princess388-ga
on
22 Mar 2003 09:57 PST
To "discharge bankruptcy" means to dismiss a bankruptcy order that was
adjudged and made against the debtor. So I am putting up an appeal to
the Court to stay the execution of the order and to withhold. So I was
declared bankruptcy (but by myself but by the Plaintiff or the
mortgaged loan borrower, the Bank). It is a personal bankruptcy not
business bankruptcy.
My current job entails high standard of integrity and professionalism,
which is not possible to be performed by a bankrupt person. My most
desired intention, is to repay all the debts to the Plaintiff,
preferably in full and once and for all settlement. Bankruptcy is
definitely not the win-win solution (considering my ability to settle
debts), and this will jeopardize the integrity standard I uphold to be
honest to the company I work for, clients and the respective business
partners relating to the the standards and requirements of the job as
per the contracts signed.
Without integrity, just like the other professionals like accountants,
lawyers and doctors, how can you expect the individual to deliver the
ethical standards that the job entails will deserve to earn such high
income size. [that's why I need some more supporting documents to
justify].
These professional bodies set out rules and regulations for their
members to comply with to maintain the standard of professionalism.
However, my job or profession currenly did not have such rules and
regulations. So I need to validate my points more clearly with
references.
Money itself is just an instrument to acknowledge the values of goods
or services being exchanged, whilst itself has no value. Only the
amount of values themselves that are recognized. (refer to
www.moneylaws.com).
As I am obligated to perform high integrity standard and to act as the
Director of the company and also perform management duties, my clients
will expect me to perform the integrity standard as high as the
lawyer, accountant or equivalent professional level as they uphold. My
rewards or earnings in exchange of providing such professional service
will be equivalent or greater than the lawyers or accountants earn.
So it complies with the principles of give and take. So if accountants
or lawyers will lose their professional qualifications upon being
bankrupt, how would I be treated the same discipline.
Someone may argue that the there are people like Director of listed
companies, who went bankrupt still continued to have influences on
decision making on the company, though not officially after
resignation as Director of Company. The loopholes of bankruptcy are
yet to be investigated and ceased but they are still existing among
those who want to escape from paying the debts. Any kinds of these
loopholes of bankruptcy are completely not my intention to take, as I
still believe that the government body which regulated the rules of
bankruptcy is obligated to set examples to stop these loopholes. For
example, if I was made bankruptcy and still was allowed to perform the
investment arrangement consultant role, it will just violate the
principal of bankruptcy. Or otherwise, if I was not allowed to
continue doing my current job, then I cannot earn the money to repay
the debts. Integrity is the pre-requisite of continuing the functions
of the job. Thus, my bankruptcy order has to be set aside or declared
invalid to avoid any possibilities of loopholes one can attempt.
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Clarification of Question by
princess388-ga
on
22 Mar 2003 21:58 PST
It is about time to submit the cases and references to the Court
within another 24 hours. If there are no law cases, any similar real
cases are acceptable to escalate the importance of the facts.
Don't go too deep about some of the contexts I put up like money
definition or bankruptcy loopholes issues and don't get confused. Just
focus on the original request regarding the law cases. Nothing is more
important than stating a real example.
I would deeply appreciate if any researcher can help me find the cases
soonest possible. Please let me know if you need any further
clarifications.
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Request for Question Clarification by
pafalafa-ga
on
23 Mar 2003 05:45 PST
I'm sorry to hear that time is so short. Have you considered using an
IVA (Individual Voluntary Agreement) as a means of discharging
bankruptcy? It seems the IVA might help to maintain your integrity
standard, although I can't be certain about this.
Assuming you are in the UK, there are also the services of the
Citizens Advice Bureau. I know it's late in the game, but they might
be of service, if you haven't contacted them already.
Lastly, for the amount of money you are offering here, it seems you
could hire the services of a bankruptcy law professional who could
give you the most knowledgable advice.
Good luck.
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Request for Question Clarification by
richard-ga
on
23 Mar 2003 08:07 PST
I would agree with Pafalafa-ga. At this late date and given what is
at stake, anything I could tell you would be a poor substitute for
direct legal advice.
If you do not currently have counsel, it may be possible for you to
ask the court (or your creditors if the action is not currently in
court) for a stay of some weeks' time to allow you to obtain counsel.
Take a look at the Purnells website. It appears they offer the sort
of services that you need:
http://www.purnells.co.uk/negotiation-further.htm
Best of luck
Richard-ga
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