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Firearms, Guns, The Second Amendment And Bankruptcy – Part 4
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In conclusion, Bankruptcy Code Section 522(f) permits the Debtor in Bankruptcy to Avoid a Non-possessory, Non-purchase Money Security Interest in Household Goods or Tools Of The Trade. It also provides for the Avoidance of such Interest in Professionally Prescribed Health Aids, but such a provision has no applicability to Firearms. The Court’s tend to define…
Firearms, Guns, The Second Amendment And Bankruptcy – Part 3
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The issue of the relation of Firearms and Bankruptcy is prominent when the Debtor in Bankruptcy has a Lien placed upon his or her Household Goods, pursuant to a Security Interest which constitutes a Non-possessory, Nonpurchase Money Security Interest. If the property in question can be categorized as Household Goods, Tools Of The Trade, or…
FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 2
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In the 111th Congress, legislation was passed in HR 5827 that provided a Federal Exemption in Bankruptcy for a Debtor’s interest in a “single rifle, shotgun or pistol, or any combination thereof”, provided the total value of such Firearms did not exceed $3000. Such bill also contained a provision that Firearms could be included in…
FIREARMS, GUNS, THE SECOND AMENDMENT AND BANKRUPTCY – PART 1
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TREATMENT OF FIREARMS IN BANKRUPTCY There is no express Section in the United States Bankruptcy Code addressing Firearms. The Second Amendment does state that the people of the United States have the right to bear arms. However, there is no express or implicit mention of Firearms in the Bankruptcy Code. Although the author believes that…
HOW MUCH DOES IT COST TO FILE BANKRUPTCY?
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PORT RICHEY, FLORIDA CLIENT ASKS BANKRUPTCY ATTORNEY Hillary C from Port Richey, Florida asks the Bankruptcy Attorney, How much does it cost to file Bankruptcy? Thank you for your question. Here is a Video we created in response to this query. At the writing of this Article, November 8, 2016, the filing fee charged by…
CAN I SELL HOME IF I FILE BANKRUPTCY?
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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA If I file Bankruptcy, can I still sell my Home, asks D McDonald of Clearwater, Florida. Generally, if the home or real estate in question is your Homestead, you may sell the subject property, and retain the proceeds or profits of that sale, provided you use such proceeds towards…
MOST PRO FOOTBALL PLAYERS GO BANKRUPT OR BROKE: TRUE OR FALSE? (PART II OF II)
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For an enhanced understanding of this Article, please refer to Part I in this Series, Most Pro Football Players Go Bankruptcy Broke: True or False? Pablo Torre, the Author of the Sports Illustrated Article, recounted his Article, on May 4, 2015, piece entitled, There’s A Difference Between Broke And Bankrupt For Ex-NFL Players, in an…
MOST PRO FOOTBALL PLAYERS GO BANKRUPT OR BROKE: TRUE OR FALSE? (PART I OF II)
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The infamous 2009 Article in Sports Illustrated, by Pablo Torre, maintained that two years after their collective retirement from professional football, 78% of former players in the NFL “have gone bankrupt or are under financial distress because of joblessness or divorce”. Subsequent to this Article, Forbes published a 2005 piece, “Five Reasons Why 80% Of…
WHAT IS A LIS PENDENS?
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BANKRUPTCY ATTORNEY QUESTION FROM SPRING HILL, FLORIDA We have a Bankruptcy Lawyer question from Spring Hill, Florida. R McDonald asks, what is a Lis Pendens? A Lis Pendens is a Notice that warns persons, such as prospective Purchasers, renters or others having an Interest in the Property under suit that the Title to the Property…
WHY IS BANKRUPTCY IMPORTANT?
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BANKRUPTCY ATTORNEY QUESTION FROM NEW PORT RICHEY, FLORIDA A gentleman from New Port Richey, Florida asks our Bankruptcy Attorney, why is bankruptcy important? Bankruptcy is important because it is one of the few tools that an Individual possesses to prevent his or her enslavement. A Corporation may also file a sort of Bankruptcy called Chapter…
The Architects Of Your Enslavement (Part II of III)
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The Housing Collapse Of 2005 Part II of III The Bush Administration simply followed the lead provided by its Predecessors. With the elimination of Glass Steagall, the easy money kept flowing. Ian Greenspan kept the Interest Rates low. The Bush Administration mostly ran interference against any form of oversight, or actively encourage irresponsible Lending. In…
The Architects Of Your Enslavement (Part I of III)
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Bill Clinton, Bush, Bankers and Servicers, Et Al Part I of III Bill Clinton, during his tenure as President of the United States, signed numerous pieces of Legislation that ultimately lead to the Housing Bubble and its eventual rupture, and the loss of millions of homes by some homeowners, and the reduction of the values…