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杨清泉律师 BANKRUPTCY DISCHARGE DENIED TO MISSIONARY DOCTOR WITH VOW OF POVERTY PART2

法律 时间:03/21/2012 浏览: 1494
“The vow of poverty is not a silver bullet against paying his taxes and other financial obligations. No law supports Debtor’s notion that his vow of poverty can reduce or eliminate his income and thus avoid his obligation to pay his taxes and other financial obligations.” Mr. Snipes offered to testify as an expert witness for debtor but the doctor decided not to present him as a witness due to credibility problems. “Sure, killing vampires and werewolves with silver bullets may be his specialization, but Mr. Snipes may have a little credibility problem with the feds,” thought Dr. Von Kiel.

“By presenting himself as a poverty-stricken minister, burdened by debts, he claims he is unable to pay, debtor claims to be an honest but unfortunate debtor who deserves the fresh start afforded by the Bankruptcy Code. I find little honesty or misfortune about Debtor who, although unquestionably able to pay his obligations, chooses not to do so,” the court said. “In sum, Debtor cannot avoid his financial responsibilities by simply executing the vow of poverty and assigning his income to IAL, or some trust, even if it was established for some religious purpose… No law supports Debtor’s notion that his vow of poverty can reduce or eliminate his income and thus avoid his obligations to pay his taxes and other financial obligations.” The court denied the debtor’s discharge for intentionally transferring and concealing assets with intent to hinder, delay or defraud his creditors; and for making a false oath with regard to his bankruptcy.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.

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