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楊清泉律師專欄:CLIENT HAS NONDISCHARGEABLE JUDGMENT OF $80K NEEDS CHAPTER 13 RELIEF

12/15/2017     楊清泉律師事務所

CLIENT HAS NONDISCHARGEABLE JUDGMENT OF $80K NEEDS CHAPTER 13 RELIEF;
DID JESUS EVER CLAIM THAT HE WAS GOD?

 

NONDISCHARGEABLE FRAUD JUDGMENT 

Client is 50 and operates a business. There is a state court judgment against him for $80K. Is this judgment dischargeable in bankruptcy? The answer is: If the judgment is for breach of contract only, the $80K is dischargeable. If the judgment is affirmative for FRAUD, then the $80K fraud judgment is not dischargeable. In this case, client accepted $80K in cash, which was wired to him by plaintiff. The deal was that client would use the $80K to buy a brand new Tesla and ship the car to plaintiff’s country. Plaintiff was a foreigner who did not live here. In his defense in state court, client said that plaintiff owed him commissions for previous transactions. However, at the state court trial, client failed to offer sufficient evidence that plaintiff owed him anything. Client never bought the Tesla so plaintiff wants his $80K back and sued client for breach of contract and fraud.

Well obviously, there’s something amiss when one receives $80K of cash to buy a car but doesn’t buy the car despite representing to the stupid guy who gave him the money that he was going to use the money to buy him a brand new shiny Tesla. I mean, client should have sold him the London Bridge and the bridge to Alaska too for a little bit more of cash, right? When you give somebody $80K to buy a car that you could have bought yourself, that says something about your retardation right?

So, the State court judgment found that client defrauded plaintiff of his $80K since he misrepresented to plaintiff that he was going to buy the Tesla but never did. If there is a FRAUD JUDGMENT, that judgment is not dischargeable. Otherwise, people would be able to perpetrate a fraud on others to get their money then, discharge their liability for stealing the money in bankruptcy. Even our beloved POTUS, Mr. Trump would agree that money fraudulently obtained should not be dischargeable in bankruptcy even if it were fake news resulting from Russian collusion that never happened.

Since the judgment is not dischargeable, client cannot get chapter 7-relief. The only thing that client can do is Chapter 13 so he can pay off the $80K over 5 years without interest. Chapter 13 will protect client’s house from judgment creditor’s forced sale of his house to satisfy the judgment. The Chapter 13 will require a plan payment of $1,400 more or less monthly, and after 60 months, the judgment would be fully paid off. This is a lot better than having the judgment accrue legal interest of 10% a year, that would make the $80K double in about 6 or 7 years since the interest is compounded.

DID JESUS SAY THAT HE WAS GOD?

Did Jesus ever claim that He was God? Some religions say that Jesus was a holy prophet who performed miracles but that is all he was. He healed the blind, made them see again. He healed the cripples and made them walk again. He even resurrected the dead. But they say that Jesus was not God.

So here comes the question in my mind, did Jesus every claim that He was God? Yes He did. Jesus did say that He was God. Since His birthday is just around the corner, I want to discuss this a little bit now.

John 10:30: “I and the Father are one.” And then look at the reaction of the Pharisees in condemning Jesus to death on the cross. “You, a mere man, claim to be God” John 10:33. The religious big shots of the Jews knew exactly what Jesus was claiming, that He was God. When Jesus declared that, “I and the Father are one,” He was saying that He and the Father are consubstantial, of one nature and essence. In John 8:58, Jesus declared, “ I tell you the truth before Abraham was born; I am!” The Jews who heard this statement responded by taking up stones to kill Him for blasphemy as the Mosaic Law commanded (Leviticus 24:16). John states again the concept that Jesus is God: “The Word (Jesus) was God” and “the Word became flesh” (John 1:1). These verses clearly state that Jesus is God in the flesh.

Doubting Thomas, the disciple of Jesus, declared when he saw Jesus resurrected, “My Lord and my God” (John 20:28). Jesus does not correct Thomas.

The most important reason that Jesus has to be God is that, if He is not God, His death would not have been sufficient to pay the penalty for the sins of the world (John 2:2). A created being, which Jesus would be if He were not God, could not pay the infinite penalty required for sin against an infinite God. Only God could pay such an infinite penalty. Only God could take on the sins of the world (Corinthians 5:21), die, and be resurrected, proving His victory over sin and death!

So Jesus did claim He is God. He didn’t have to die for us so we can have eternal life. That was his own choice and obedience to the will of the Father because He loved us so. So there you have it. His birthday is on Christmas day, and the whole Christian world will celebrate the incarnation of God to man! He is coming!

If you need debt relief, set an appointment to see me. I will analyze your case personally.

MY LORD AND MY GOD” JOHN 20:28

Lawrence B. Yang is a graduate of Georgetown University with a Master’s Degree in Law and specializes in Bankruptcy, Business, Real Estate and Civil Litigation.  He speaks English, Mandarin and Fujian and has successfully represented thousands of clients in California, including companies overseas.  Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 1000 S. Fremont Ave., MAILSTOP 58 BUILDING A-1 SUITE 1125, Alhambra, CA OR at 20274 Carrey Road, Walnut, CA 91789.

 

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