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Does bankruptcy exclude you from public office?
I am thinking of standing for public office ie local govt councillor, my bankruptcy discharges on 15 Dec 2012, noms close 15 Sept for noms.............am I eligible?
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Answer Yes, bankruptcy action by individuals and businesses are a matter of public record.
No, the court will require you to present specific documents related to income, assets and debts. When documenting assets you list all your real and personal property and you …are under oath and subject to perjury if you intentionally hide or mislead the court as to the value of said assets.
All petitions, motions, and pleadings, court rulings (i.e. everything) are public records
A public office is usually a position that is elected or appointed by the government. The governor, the president, and US Congressperson are all examples of public offices….
Some debts cannot be cleared (child support, judgments, certain student loans, most notably. Basically all loans other than government ones are private and nothing special). A… list of debts AND assets that can't be cleared or taken is below. I'm not sure what the above intended, but it is incorrect to think there is any quality or quantity of debt required to file. Many people go BK on just credit card debt (probably the most common thing in fact), with no secured or priority debt. (In fact, generally a credit card co that gets a judgment and can secure it to a property of yours...probably won't have the BK clear it, as judgments aren't covered in BK). But you should also note that BK doesn't just eliminate debts...or debts of your choice. You go bankrupt, not the debt. It involves all of your assets and all of your debts. In basic form...all of your assets (again minus some few exempt things), are surrendered and liquidated with the money used to pay as much of the debts as possible (all debts are given a priority - first as secured like a car loan or unsecured which means against everything generally)...some are paid more, some less)...any resulting deficiency may be eliminated (wiped clean). You do not get to get rid of the debt AND keep what you may have gotten with it, (or invested/paid for elsewhere, instead of paying the amount owed). Exemptions under Federal law, which may change a little in State applications by the Federal BK Court you file in: Personal and Real Property: (1) Household: Up to $425.00 per item not to exceed a total of $8,625.00 (includes animals, appliances, books, crops, furnishings, household goods, clothing, musical instruments) (2) Jewelry: Up to $1,075.00 (3) Vehicles: Up to $2,575.00 (4) Work tools (implements, books and tools of trade): Up to $1,625.00 (5) Health aides (wheelchair, etc.): Unlimited (6) Burial plot: Up to $16,500.00 (in lieu of real estate exemption) (7) Real estate (house, co-op or mobile home): Up to $16,150.00 (8) Any property: Up to $8,075.00 of unused portion of real estate exemption Wages, Pensions, Recoveries and Benefits: (1) Wages: None (2) Wrongful death funds: Amount needed for support (3) Personal injury funds: Up to $16,500.00 (excluding that for pain and suffering or pecuniary loss) (4) Lost earnings payments: Unlimited amount (5) Retirement benefits: Amount needed for support (6) Alimony / child support: Amount needed for support (7) Unemployment compensation: Unlimited amount (8) Veterans benefits: Unlimited amount (9) Social security benefits: Unlimited amount (10) Public assistance: Unlimited amount (11) Crime victims compensation: Unlimited amount Insurance: (1) Disability: Unlimited amount (2) Unemployment benefits: Unlimited amount (3) Unmatured life insurance: Unlimited amount (4) Life insurance policy loan value, dividends or interest: Up to $8,625 (5) Life insurance proceeds: Amount needed for support If you're doing a Chapter 7 bankruptcy, you can't discharge:Taxes and tax liensStudent loansDomestic support obligations (child support and alimony)Luxury goods over $500 purchased within 90 days of filingFines or penalties of government agenciesCash advances of more than $750 taken within 70 days of filingFraudulent debtsWillful or malicious injury to anotherDeath or personal injury from the operation of a motor vehicle, aircraft or vessel while intoxicatedCondominium or cooperative association feesDebts not listed on your schedules Debts arising from fraud or maliciousness are not automatically excepted from discharge. The creditor must make a request to the court to except these types of obligations; otherwise they will be discharged
Yes, absolutely. It is and always be as a federal court proceeding. Many information reporting services compile and maintain these records too.
The three words Public, Office and Trust carry great weight and imply sense of duty and moral responsibility. It is always a great privilege to hold an office, more so a… public office and to render service honestly and fairly without fear or favor. The greater or higher is the office, the greater is the responsibility. The word office is synonymous with duty, with act of worship. The proposition : 'Public office is a public trust' is a worthy maxim, can be used as a touch-stone for judging actions of those who claim to be public servants or who talk high to serve the people, the community and the nation. The higher is the office, the greater is the authority or power derived from the office. Misuse of power or abuse of authority is not only breach of trust but also a public crime and a moral slur.
EVERYTHING you own and EVERYTHING you owe is included in the BK and must be reported. They are given different classes, some debts can't be discharged and some assets ca…nnot be taken, and the assets are used to pay the liabilities. YOU CANNOT PICK AND CHOSE WHAT IS INVOLVED. The schoice of who gets paid and how much is not yours. That is pretty much prescribed in bankrutpcy law - albeit there is some flexibility in application. You do not go bankrutp on a "debt" or even some. If you filed this way, you have committed a criminal fraud, the court will at least dismiss the case as soon as it comes to light...which as you see it will because your other creditors and assets are easily seen even by a credit report. Public schools are paid through taxes...taxes if owed may be included in BK. They are given a high priority and are normally paid well ahead of many other types of debts. I'm not sure how you could owe the school something else...I guess some type of sports or special services fee, and those too...like everything must be included.
With the filing...it is a matter of public record. That isn't to say they have to advertise it.....but the public record is exactly that, and anyone can find it, an…d generally, newspapers and such publish it.
In all ways! Nor only is it a public court with records, which like all have docket numbers and are broadly published....but as the one declaring BK you have lots of obl…igations to make anyone of possible interetst is notified...from letters to and more.
sexist -no, it was purdah. *Sexist is what we call men today who opress women. Purdah is what they were called way back when.
It depends on what kind of public record. If it is Civil, you may have to go to the Courthouse, if Federal, like Bankruptcy Records, you can get a free copy of the dischar…ge records if it is discharged in the last 30 days at www.bankruptcy-records.us or www.officialbankruptcycourtrecords.com but if it is over the 30 days, then it cost a little. Not much I dont think. It takes about 30 minutes for it to be emailed back. Our mortgage company uses bothe these sites.
send a statement to the patient's employer
Yes, but the bankruptcy will be a factor in your background investigation to determine your fitness to be a law enforcement officer. Officers are expected to manage their pers…onal affairs properly. An officer who cannot manage his personal finances is not only a discredit to his department, but is a potential risk for corruption. If an officer is desperate for money, he may be open to bribes to do unlawful things or to permit unlawful behavior.
Yes. Bankruptcies, tax liens and judgments are all public records.
K. Kapparis, edition of March 22, 2003: The introduction of the Democratic Constitution in the late sixth century does not seem to have effected significant change in the role… of the family, or the position of women in it. One major change introduced by Kleisthenes affected only males of citizen status: now they would need to register with the deme rather than the phratry in order to enter the citizen body. The phratries were traditional institutions with religious connotations. Kleisthenes bypassed them when introducing the constitutional reform nowadays known as "Moderate Democracy," and set up the deme as the basis of public life, a rather secular and more egalitarian institution. However, women were excluded from the demes, as they did not participate in war and politics, and certainly non-citizens and slaves were also excluded. The democratic constitution was intended to broaden the basis of participation in public life as much as possible, but of course it would be unthinkable for women or slaves to be included in the ancient world, while the exclusion of resident aliens from politics still remains universal practice. Read about the evidence Aristotle (Aristot. Pol.). Plot on a Map Athens. Black Sea. Italy. The first major change in the definition of the family under the democratic constitution came in 451, when a law introduced by Pericles stated that only the offspring of two Athenian citizens could be citizens (Aristot. Pol. 1278a). The actual content and intention of the law have been intensely disputed in recent years; however, Aristotle is probably right when he says that Pericles wanted to reduce the number of Athenian citizens. This law was introduced in the height of the Athenian empire, when the city was the center of the Hellenic world. It seems only natural that the ruling minority of this empire, namely the citizens of Athens, did not want to share their privileges with many others. Being an Athenian citizen meant to participate in decision-making that affected areas as far away as the Black Sea or the shores of Italy. It also came with privileged treatment before the institutions of the state, benefits and handouts. It is no wonder that the Athenians wanted to keep their numbers limited, manageable and functional. Read about the evidence Apollodorus (Dem. 59). Whatever the intentions of this particular law its implications upon family life were far-reaching. First it practically limited the marriage options of Athenian men to Athenian women, and less than a century later, in the first quarter of the 4th century, the state went one step further: it prohibited Athenian citizens to marry foreigners and imposed severe penalties for the pretence of lawful marriage between an Athenian and an alien (Dem. 59.16). Second, the Periclean law formally recognized Athenian-born women as citizens in their own right, and sanctioned their role in the continuation of the citizen body. Women until then were participants of the polis only in the sphere of religion, where they could hold priestly offices, and perform ceremonial duties in public gatherings. After the Periclean citizenship law Athenian women are recognized as participants in the state, even if not fully, and this comes with certain obligations. Until then only the male party was considered legally responsible for the seduction of a free woman. However, probably not long after the Periclean citizenship law another law was introduced requiring the husband of an adulteress to divorce her under penalty of disfranchisement if he disobeyed, and imposing a ban from all public temples upon the adulteress herself. For the first time the woman would be held personally accountable by the law, and deprived from her privileges in public life if she misbehaved. Thus by turning the spotlight on Athenian mothers the state was determined to protect the legitimacy of children born in Athenian families and make sure that those who receive citizenship truly are of citizen stock.