The Basic Law of the Macao Special Administrative Region of the People's Republic of China (Adopted at the First Session of the Eighth National People's Congress on March 31, 1993 and promulgated by Order No.3 of the President of the People's Republic of China on March 31, 1993, and effective as of December 20, 1999) Contents . Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. Do' s and Don’ts Most people would agree that the law governs human behaviour by rules. On this page you can read or download chapter 7 activity basic concepts street law answer key in PDF format. Furthermore, physics has retained the most basic aspects of science, so it is used by all of the sciences. It is available to individuals who cannot make regular, monthly, payments toward their debts. R. Bankr. You start the case by submitting a packet of papers (called the … Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this ad… § 1930(a). 32 terms. The trustee's avoiding powers include the power to: set aside preferential transfers made to creditors within 90 days before the petition; undo security interests and other prepetition transfers of property that were not properly perfected under nonbankruptcy law at the time of the petition; and pursue nonbankruptcy claims such as fraudulent conveyance and bulk transfer remedies available under state law. Download chapter 7 activity basic concepts street law answer key document. To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Parts of the Robotic Kit. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt. Effective Workplace Communication Skills. Liquidation under Chapter 7 is a common form of bankruptcy. Log in Register Recommend to librarian Print publication year: 2018; Online publication date: November 2018; 7 - Behind the Text of the Basic Law. The bankruptcy trustee takes over the business assets and determines whether it’s in the best interests of the creditors to sell the business as a whole or to sell off the assets. Question Number Answer Level 1 Head Reference for Answer Difficulty 1 C. What is an Information System? Consent that is conveyed through spoken or written words is. Write. Learn. 11 U.S.C. At the same time, the trustee might also sell (liquidate) some of your property to repay your creditors. Street Law Chapter 7 Crime in America. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Fed. Learn constitution law chapter 7 with free interactive flashcards. Instrument 7 Decision of the Standing Committee of the National People’s Congress on the Addition to the List of National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted on 27 October 2005) 123 Fed. Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the Government of the People's Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People's Government. One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor's consent) or will be dismissed. 11 U.S.C. Contents. Income criteria established by bankruptcy law determine which debtors may file for Chapter 7 bankruptcy. Individual debtors with primarily consumer debts have additional document filing requirements. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases. You File Chapter 7, but Your Income Is Sufficient For Chapter 13. Under the rules enacted in 2005, the first step in figuring out whether you can file for Chapter 7 bankruptcy is to measure your "current monthly income" against the median income for a household of your size in your state. Each debtor in a joint case (both husband and wife) can claim exemptions under the federal bankruptcy laws. Contents . 2 Basic Concepts What is law? The debtor may repay any debt voluntarily, however, whether or not a reaffirmation agreement exists. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. 82 terms. The information contained in this booklet has no legal status, and is made available for information only and should not be relied on as an official version of the Basic Law and related constitutional instruments herein. Id. The law, therefore, refers to classes of persons and classes of acts and things. An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. § 362(b), and the stay may be effective only for a short time in some situations. A debtor may choose to file for either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Invitation for Comment to Restyle the Federal Rules of Bankruptcy Procedure, Invitation for Comment on Emergency Rulemaking, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information. 11 terms. In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution. 11 U.S.C. Between 21 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. A governmental unit, however, has 180 days from the date the case is filed to file a claim. Classification of engineering material 2. cast iron 3. mechanical properties of cast iron 4. The bankruptcy administrator program is administered by the Administrative Office of the United States Courts, while the U.S. trustee program is administered by the Department of Justice. Moreover, a bankruptcy discharge does not extinguish a lien on property. P. 2003(a). The trustee accomplishes this by selling the debtor's property if it is free and clear of liens (as long as the property is not exempt) or if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property. They are not available from the court.). Basic Criminal Law, Fifth Edition, provides a thorough grounding in criminal law, its history, how it is practiced today, and what trends will take it into the future. 11 U.S.C. Chapter 7 is the most common form of bankruptcy in the United States. A reaffirmation is an agreement between the debtor and the creditor that the debtor will remain liable and will pay all or a portion of the money owed, even though the debt would otherwise be discharged in the bankruptcy. Here you'll find overview articles explaining what bankruptcy is, the difference between Chapter 7 and Chapter 13 bankruptcy, how each type of bankruptcy works, and what bankruptcy can and cannot do. Chapter VIII Interpretation and Amendments of the Basic Law . Chapter 13: You must wait two years after you file the first chapter 13 bankruptcy to get a second discharge. An involuntary chapter 7 case may be commenced under certain circumstances by a petition filed by creditors holding claims against the debtor. Businesses choosing to terminate their enterprises may also file Chapter 7. The state's public holidays are Id al-Fitr and Id al-Adha.Its calendar is the Hegira calendar. (3) In addition to the petition, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. 11 U.S.C. The Hong Kong Special Administrative Region may on its own, using the name "Hong Kong, China", maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields. THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA . § 522(b). Terms in this set (9) Complicity. The case is begun by filing the official petition, schedules and statement of financial affairs. If the debtor's income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 11 U.S.C. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor. Created by. The bankruptcy court will appoint an unbiased trustee to oversee the... Debt Repayment. STUDY. The trustee can't take all your assets. The Constitution of the People's Republic of China. Chapter 6 12. Polieus. Section 7 Swearing Allegiance . Chapter VII External Affairs Article 150 Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the Government of the People's Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People's Government. You're permitted to keep certain "exempt … P. 1007(b). Many states have taken advantage of a provision in the Bankruptcy Code that permits each state to adopt its own exemption law in place of the federal exemptions. section of this chapter. The establishment of foreign consular and other official or semi-official missions in the Hong Kong Special Administrative Region shall require the approval of the Central People's Government. P. 3002(c). For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code. If there is a buyer for all of the assets, the trustee will, rather than hire an auctioneer to sell things on a piecemeal basis, consider such an offer. Chapter 8 : Control Bodies [ … From Dismemberment to Discharge: The History and Basic Law of Consumer Bankruptcy in Chapter 7. The Central People's Government shall take the necessary steps to ensure that the Hong Kong Special Administrative Region shall continue to retain its status in an appropriate capacity in those international organizations of which the People's Republic of China is a member and in which Hong Kong participates in one capacity or another. 28 U.S.C. 11 U.S.C. 11 U.S.C. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case – generally, 60 to 90 days after the date first set for the meeting of creditors. If you don't see any interesting for you, use our search form on bottom ↓ . The case is begun by filing the official petition, schedules and statement of financial affairs. Generally speaking, the debtor's creditors are paid from nonexempt property of the estate. battery. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 11 U.S.C. 11 U.S.C. Among other things, the disclosures must advise the debtor of the amount of the debt being reaffirmed and how it is calculated and that reaffirmation means that the debtor's personal liability for that debt will not be discharged in the bankruptcy. The attorney must also certify that the debtor was fully informed and voluntarily made the agreement and that reaffirmation of the debt will not create an undue hardship for the debtor or the debtor's dependants. Within 10 days of the creditors' meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. Match. The Hong Kong Special Administrative Region may, using the name "Hong Kong, China", participate in international organizations and conferences not limited to states. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. Normally, the fees must be paid to the clerk of the court upon filing. Chapter 7. Chapter VI Cultural and Social Affairs . § 706(a). The Concept of Law is a 1961 book by the legal philosopher HLA Hart and his most famous work. Spell. If you qualify, Chapter 7 bankruptcy may allow you to discharge a variety of debts, but typically excludes obligations like child support, student loans or … Fed. Basic Law of Saudi Arabia. Annex I: Method for the Selection of the Chief Executive of the Macao Special Administrative Region Chapter 7, Formalism and Rule-Skepticism Summary and Analysis. § 362. If a husband and wife have filed a joint petition, they both must attend the creditors' meeting and answer questions. §§ 701, 704. From Dismemberment to Discharge: The History and Basic Law of Consumer Bankruptcy in Chapter 7. Buy the print book Check if you have access via personal or institutional login . Beginning in Ancient Rome and journeying to modern bankruptcy law in the United States, this presentation offers an overview of the history and current substantive law of so-called straight consumer bankruptcy in the United States under chapter 7 of the United States Bankruptcy Code. It forbids certain ways of behaving, for instance stealing, killing or exceeding speed limits and prescribes others. § 727(d). Similarly, Chapter 7 will discharge your unsecured debts such as medical bills and credit card debt. Filing a petition under chapter 7 "automatically stays" (stops) most collection actions against the debtor or the debtor's property. Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the People's Republic of China, participate in international organizations or conferences in appropriate fields limited to states and affecting the Region, or may attend in such other capacity as may be permitted by the Central People's Government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China". 11 U.S.C. § 502(b)(9). Exempt Property. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. Chapter 7: You have to wait eight years after you file the first chapter 7 bankruptcy. Choose from 500 different sets of constitution law chapter 7 flashcards on Quizlet. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. Chapter V Economy Chapter VI Culture and Social Affairs Chapter VII External Affairs Chapter VIII Interpretation and Amendment of the Basic Law Chapter IX Supplementary Provisions Annex I Method for the Selection of the Chief Executive of … The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China . Thus, the debtor will not be permitted to convert the case repeatedly from one chapter to another. 11 U.S.C. (The Official Forms may be purchased at legal stationery stores or downloaded from the internet at www.uscourts.gov/bkforms/index.html. Chapter 7 of Title 11 of the United States Code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws of the United States, in contrast to Chapters 11 and 13, which govern the process of reorganization of a debtor. § 521. Learn law vocabulary chapter 7 with free interactive flashcards. Learn. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. R. Bankr. Flashcards. Chapter 7 bankruptcy rules determine who qualifies, how to file, and what debt is eligible for discharge. P. 4005. Debtors should be aware that there are several alternatives to chapter 7 relief. Id. If it is more than the median, however, you must pass "the means test" -- … Chapter 7 Dynamics In this chapter, we analyze the dynamic behavior of robot mechanisms. If a debt management plan is developed during required credit counseling, it must be filed with the court. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. If the debtor was represented by an attorney in connection with the reaffirmation agreement, the attorney must certify in writing that he or she advised the debtor of the legal effect and consequences of the agreement, including a default under the agreement. Test. §§ 109, 111. 11 U.S.C. § 302(a). Chapter 7 is the most common form of bankruptcy. You aren’t legally able to file Chapter 7 bankruptcy if you had a previous Chapter 7 bankruptcy discharge within the past 8 years, or a Chapter … Find information about bankruptcy laws, including answers to some of the most frequently asked questions. Section 7 Swearing Allegiance. Having said that, each state as well as the federal government has enacted legislation that dictates what property debtors can keep through the Chapter 7 bankruptcy process. Even though most Chapter 13 filers make too much money to qualify for Chapter 7 bankruptcy, many debtors choose to file for Chapter 13 bankruptcy because it offers many benefits not available in Chapter 7 (such as the ability to catch up on missed mortgage payments or strip wholly unsecured junior liens from your house). Among the schedules that an individual debtor will file is a schedule of "exempt" property. When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. 11 U.S.C. 11 U.S.C. International agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. But if the case appears to be an "asset" case at the outset, unsecured creditors (7) must file their claims with the court within 90 days after the first date set for the meeting of creditors. (3) In addition to the petition, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement … 7. § 707(b). Chapter VII External Affairs . Basic Law Full Text - index.html Printed version: available free of charge at any of the District Offices under the Home Affairs Department PDF version: click here to download HTML version: see below Important Notice. These fundamental rights cannot be removed from the constitution, and no constitutional amendment may 'affect their essence'. In North Carolina and Alabama, bankruptcy administrators perform similar functions that U.S. trustees perform in the remaining 48 states. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. PLAY. The stay arises by operation of law and requires no judicial action. P. 1006. With the court's permission, however, individual debtors may pay in installments. The Basic Laws of Israel (Hebrew: חוקי היסוד ‎ ‎, romanized: χuke ha-yesod) are 14 constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and sections). Gravity. In other jurisdictions, the individual debtor has the option of choosing between a federal package of exemptions or the exemptions available under state law. 11 U.S.C. The primary role of a chapter 7 trustee in an asset case is to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. § 343. Flashcards. § 303. § 707(b)(1). Do' s and Don’ts Most people would agree that the law governs human behaviour by rules. Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders. Match. If the debtor decides to reaffirm a debt, he or she must do so before the discharge is entered. If you are deciding if bankruptcy is right for you, the first step is to learn about bankruptcy. The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in the first chapter of the Basic Law. Debtors should also be aware that out-of-court agreements with creditors or debt counseling services may provide an alternative to a bankruptcy filing. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. THIS SET IS OFTEN IN FOLDERS WITH... 17 terms. Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People's Republic of China may be maintained. 7.1 Newton-Euler Formulation of Equations of Motion 7.1.1. The Concept of Law is a 1961 book by the legal philosopher HLA Hart and his most famous work. The Central People's Government shall assist or authorize the Government of the Hong Kong Special Administrative Region to conclude visa abolition agreements with foreign states or regions. These duties include establishing a panel of private trustees to serve as trustees in chapter 7 cases and supervising the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code. R. Bankr. The Hong Kong Special Administrative Region may, as necessary, establish official or semi-official economic and trade missions in foreign countries and shall report the establishment of such missions to the Central People's Government for the record. The grounds for denying an individual debtor a discharge in a chapter 7 case are narrow and are construed against the moving party. If the balance is not enough to pay the debt to be reaffirmed, there is a presumption of undue hardship, and the court may decide not to approve the reaffirmation agreement. 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