【法律】HE IS RISEN! WHAT IS INTENT TO REPAY IN BK DEBT DISCHARGEABILITY?
04/10/2021 楊清泉律師事務所HE IS RISEN! WHAT IS INTENT TO REPAY IN BK DEBT DISCHARGEABILITY?
JESUS HEALS THE BLIND, THE DEAF, THE CRIPPLE & FEEDS 5000 AND 4000 FOLLOWERS
What do we mean by “HE IS RISEN!” Last Sunday was the day when the Christian world celebrates the resurrection of Jesus Christ our Lord and Savior. If you recall, Jesus was first accused by the Jewish Sanhedrin (these are the Rabbis & Pharisees) of blasphemy because Jesus had become very popular among the people as He had healed many people from incurable illness, resurrected people who had died and performed miracles including serving 5000 people with five loaves of bread and two pieces of fish, and 4000 people with seven loaves of bread and some fish. Before these, Jesus had turned water into wine, Stella Rosa premium, in the marriage in Cana. Lots of people were following Jesus around hoping to get cured from whatever was afflicting them and to hear what He had to say about God. He cured the blind, the deaf, the cripple, those possessed by demons, and yes, he actually resurrected several people from the dead! Not one, but several. How awesome is that indeed.
JESUS RAISES THREE DEAD PEOPLE ON THREE SEPARATE OCCASSIONS FROM DEATH
His friend Lazarus had been dead for 4 days and already entombed. Jesus felt so bad that He had died as He sympathized with all of those who were crying, feeling their sorrow at the death of Lazarus, and Jesus felt angry that people had to experience death, that He resurrected Lazarus from death! Many people not just a few, have witnessed this miracle. Then, there was also the daughter of Jarius that Jesus also resurrected from death. She was only 12 years old, had gotten sick and died. On the way to the house of Jarius, a woman touched His robe and she was immediately healed of her sickness. And the third resurrection from the dead performed by Jesus is in Nain. Jesus and his disciples are in Nain and there’s a funeral for a young man who had died. His mother was a widow. Jesus ordered the dead young man to rise, and he did, thus resurrecting him from the dead!
In these 3 miracles where Jesus raise people from the dead, Jesus proves his divinity, that He is the son of God, who has power over death. It pays to hang around with Jesus, no doubt about that.
PHARISEES WANT JESUS DEAD BECAUSE HE IS BECOMING TOO POPULAR WITH HIS MIRACLES
Since Jesus is becoming too popular among the people, the Pharisees want Him dead. So they accuse Him of blasphemy and ask Pontius Pilate to arrest Him and order His crucifixion and death on the cross. Jesus had told His disciples that one of them would betray Him as they had their last supper and that Peter would deny Him 3 times before the cock crowed, that He would be arrested, tortured, crucified and die on the cross. But on the third day after His death on the cross, He would resurrect from the dead.
Certainly His disciples had their doubts and didn’t really know if what Jesus said would come to pass. Sure they saw Him resurrect 3 dead people, but can He resurrect Himself? I mean, it’s truly hard to comprehend what Jesus was saying was going to happen, right?
THE RESURRECTION OF JESUS CHRIST
On the third day, Mary Magdalen went to the tomb and saw that the rock covering the tomb of Jesus, which weighed a couple of tons had been set aside, and the body of Jesus was no longer there. Many people saw Jesus walking around town, hundreds of people who used to follow Him around recognized Him, then He went to visit the apostles where they were huddled together contemplating what would happen next. Mary Magdalen showed up and told them that she had seen Jesus, and lo and behold, Jesus was right there in the room with them. The apostle Thomas could not believe it was Jesus, so Jesus asked Him to put his finger through the holes in His hands where the nails had gone through to nail Him to the cross.
HE IS RISEN! Jesus thus proves his divinity, that He is the Son of God, and has power of death! And the debt of man owed to God because of sin has been repaid in full.
INTENT TO REPAY
In one case, debtor borrowed $100K from credit cards, which he used to gamble. He then filed for Chapter 7 to wipe out the $100K of credit cards. The creditors objected on the ground that he had no intent of repaying his debts because he used the money that he had borrowed to gamble. Debtor showed that he had gambling winnings in the past and testified that he had intent to repay his debts because he would have repaid them if he had won, but he lost. The court agreed that debtor had intent to repay because in gambling, you have a 50% chance of winning, and debtor’s intent was to repay his debts if he had won.
In another case, debtor used her credit cards to buy gift cards total of $300K. She then sold these gift cards to her “clients” for a profit but gave those clients an extended payment plan. Business was good until her clients started to default on their payments, then the whole house of cards came crashing down. Debtor could no longer pay back the $300K. Fortunately, client had documents to prove what she was doing. The only weak point in the evidence was that her clients were found through the Internet. However, there was enough evidence to prove that what she was saying was true and the court agreed that debtor had the intent to repay the $300K.
Intent to repay is crucial in determining if a debt is dischargeable in bankruptcy. Creditors used to object to discharge using the “totality of circumstances” argument. They argued that based on debtor’s income and expenses and the size of the debt, debtor knew that he could not repay the debt, therefore, he had no intent to repay. Some courts would agree with creditor on this argument. However, every case is different from other cases. In other words, just because the court found that there was no intent to repay in one case, it automatically follows that it would also find that there is no intent to repay in a similar case. Each case is different. An experienced BK attorney can advise you accordingly.
If you need debt relief, please set an appointment and I will analyze your case personally.
“I AM THE RESSURECTION AND THE LIFE. THE ONE WHO BELIEVES IN ME WILL LIVE, EVEN THOUGH THEY DIE, AND WHOEVER LIVES BY BELIEVING IN ME WILL NEVER DIE. DO YOU BELIEVE THIS?” JOHN 11:25-26
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 20274 Carrey Road, Walnut, CA 91789 or1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.
把此文章分享到：
關於 楊清泉律師事務所
