Bankruptcy-- What it can and can't accomplish

Written by Joe L.Golson

Continued from page 1

There are ten categories of debt excluded from discharge under 523. These fall into two areas: debts that are not dischargeable due torepparttar wrongful conduct ofrepparttar 136373 debtor and debts that are not dischargeable due to public policy.

The debts not dischargeable due torepparttar 136374 debtor's misconduct include those created by intentional torts, fraud, larceny, embezzlement, fiduciary violations, and drunken driving. The debts not dischargeable due to public policy include alimony and child support, taxes and customs duties, governmental fines, penalties and forfeitures, educational loans, unscheduled debts and certain debts surviving a prior bankruptcy case. A claim must fall within one of these exceptions to be found non-dischargeable.

To prevail on a fraud exception,repparttar 136375 creditor would need to show that there was a false, material representation of fact made byrepparttar 136376 debtor thatrepparttar 136377 debtor knew was false atrepparttar 136378 time he made it, made withrepparttar 136379 intention of deceivingrepparttar 136380 creditor. Some courts have held that when a credit card is used,repparttar 136381 debtor impliedly represents thatrepparttar 136382 debtor hasrepparttar 136383 ability and intention to pay forrepparttar 136384 goods and services charged. Those courts have therefore found that some credit card debt is non-dischargeable underrepparttar 136385 fraud exception.

This is notrepparttar 136386 only potential problem that can arise with credit card or similar debt. 523 also provides that there is a presumption that certain consumer debt created right before filing a Chapter 7 is non-dischargeable. The presumption of non-dischargeability will apply ifrepparttar 136387 debt is a consumer debt for so-called "luxury goods or services" incurred or within 40 days beforerepparttar 136388 filing, owing to a single creditor aggregating more than $500. Further,repparttar 136389 presumption of non-dischargeability will apply if there are cash advances made by a creditor for more than $1000 that are extensions of consumer credit under an open end credit plan within 20 days of filing bankruptcy.

Luxury goods and services are not defined byrepparttar 136390 Bankruptcy Code andrepparttar 136391 determination of same will be contingent uponrepparttar 136392 facts and circumstances of each case. I can tell you that courts have characterized such items as a person computer, coffee maker, floral arrangements and three-wheel recreational vehicle as "luxury" items.

Any credit extended based on false financial statements is subject to exception from discharge. Statements made inrepparttar 136393 financial statements have to be materially false withrepparttar 136394 intent to deceiverepparttar 136395 creditor to fall within this exception. Note that a credit application should not qualify as a "financial statement" if it does not require a disclosure of debts.

It is crucial forrepparttar 136396 debtor to include all creditors in his schedules filed withrepparttar 136397 court. If a debtor knows ofrepparttar 136398 creditor and does not schedule him,repparttar 136399 creditor is denied participation in any distribution; to protectrepparttar 136400 creditor from this type of problem,repparttar 136401 code provides that unscheduled claims may be non-dischargeable.

Debts created by willful and malicious injury will also be excepted from discharge. These types of claims arise from intentional actions byrepparttar 136402 debtor, done with malice which causes damage. It is important to note that ordinary negligence claims are dischargeable. A plaintiff with a personal injury claim would need to allege significantly more than simple negligence to have his or her claim deemed non-dischargeable inrepparttar 136403 bankruptcy court.

Dismissal may also be justified ifrepparttar 136404 debtor is an individual who has primarily consumer debt andrepparttar 136405 court finds thatrepparttar 136406 granting of relief would be a substantial abuse ofrepparttar 136407 bankruptcy process. Substantial abuse has been found by courts ifrepparttar 136408 debtor is actually able to pay his debts when due.

Joe L.Golson, writer and Affiliate Marketeer For Free information and services on Credit Repair and Bankruptcy.

Depression Glass Patterns

Written by Murray Hughes

Continued from page 1

Pattern: Royal Lace

The Hazel-Atlas Glass Company began producing Royal Lace during 1934 as a set consisting of 28 pieces. Today, Royal Lace holdsrepparttar honor of being some ofrepparttar 136309 costliest Depression glass that collectors covet. Hazel-Atlas manufactured Royal Lace in crystal (clear) and in five colors: green, yellow, pink, blue, and burgundy. The most desirable color consistently proves to berepparttar 136310 blue, called Ritz Blue byrepparttar 136311 company, which actually came about as an economic accident.

When General Mills ended a deal with Hazel-Atlas’ using blue-colored glass in a Shirley Temple promotional campaign in 1936, Hazel-Atlas simply pouredrepparttar 136312 leftover vats of molten blue glass into its existing Royal Lace molds to avoid wasting it. An instant success resulted. Blue Royal Lace Depression Glass reigns to this day as 1 ofrepparttar 136313 most sought after and is now 1 ofrepparttar 136314 most expensive of allrepparttar 136315 other Depression Glass patterns.

These samplings of interesting Depression Glass trivia make collecting it all that more appealing. After all, how many other pieces of glassware can be found in people’s homes that come with a ready-made story – at least those people inrepparttar 136316 median income range (We’re not talking Tiffany or Lalique here!)? And these have been gleaned from a mere sampling ofrepparttar 136317 plethora of Depression Glass designs that have survived overrepparttar 136318 years. Imagine what stories can be found!

The next time you gaze at that lovely piece of Depression glass resting inrepparttar 136319 window of your favorite antique dealer or – if you’re lucky – sitting on a dusty shelf at a flea market just waiting for you to discover it, remember: Whatever pattern it is, a good chance exists that it, too, will have a fascinating history.

So take a chance. Buy it! Until next time,

Murray Hughes

If you enjoyed this article by Murray Hughes, then visit http:www.// now and enroll in the free Depression Glass course "The 5 Essential Steps To Becoming A Depression Glass Collector"

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