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楊清泉律師專欄:客戶有$ 8萬的判決需要第十三章救濟; 欺詐判決不得免除

12/22/2017     楊清泉律師事務所

客戶有$ 8萬的判決需要第十三章救濟;
欺詐判決不得免除

客戶50歲,經營生意。有8萬美元的州法院對他的判決。這個判決是否可以在破產中解除?答案是:如果判決只是違反合同,那麼$ 80K是可以排除的。如果FRAUD欺詐的判決是肯定的,那麼8萬美元的欺詐判決是不可排除的。在這種情況下,客戶接受了80,000美元的現金,這是由原告連線給他的。這筆交易是客戶將使用8萬美元購買全新的特斯拉,並將汽車運送給原告的國家。原告是一個不住在這裡的外國人。客戶在州法院的辯護中說,原告欠他以前的交易佣金。然而,在州法院的審判中,當事人沒有提供足夠的證據證明原告欠他任何東西。客戶從來沒有買過特斯拉,所以原告要他8萬美元回來,並起訴客戶違約和欺詐。

很顯然,當一個人拿到8萬美元的現金購買一輛汽車,但卻不買這輛車,盡管代表那個愚蠢的家伙給了他一筆錢,他將用這筆錢給他買一個全新的閃亮 特斯拉。 我的意思是,客戶應該把他賣給倫敦橋和阿拉斯加的橋,只需要多一點現金,對吧? 當你給另一個人八萬美元買一輛本自己可以買的汽車時,那說明你的遲鈍,對嗎?

因此,國家法院的判決發現,客戶欺騙了他的8萬美元的原告,因為他向原告歪曲了他將要買特斯拉,但從來沒有這樣做過。 如果有欺詐判決,判決不能解除。 否則,人們就可以通過詐騙來獲取錢財,以破產解除他們的偷竊所得。 即使是我們心愛的POTUS,特朗普也會同意,欺詐性地獲得的金錢不應該在破產時免除,即使這是俄羅斯從事共謀的假新聞從未發生過。

由於判決不能免除,客戶不能得到第七章的救濟。 客戶唯一能做的就是第13章,所以他可以在5年內不計利息地還清8萬美元。 第十三章將保護客戶的房屋免受判決債權人強迫出售他的房屋以滿足判斷。 第13章將要求每月支付1400美元或更少的費用,在60個月後,判決將被全額付清。 這比判決每年10%的法定利息要好得多,這會使利息復利後的六,七年內翻一番,達到八萬美元。
(所有翻譯以英文為準)

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

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