Business Bankruptcy Law | Small Business Bankruptcy Laws

I’m not asking anyone to write an essay, maybe just give me a few pointers in which direction to go in, or maybe some helpful insight to help me get going on this. Thank you.

I have to write a 5 page essay on the following:

“Law is the set of rules which are established by society through whatever means, democratic lawmaking, dictatorial fiat, treaty, or ecclesiastical edict. Laws reflect the values of a society and, especially, its theory of commerce and economics. The system established in the United States reflects its values and the economic system which has evolved here: capitalism limited by the rules thought appropriate over the history of our nation. These laws have allowed commerce and growth. The limits have set the rules of the game to restrict the ultimate logical conclusion of some of the theories which we embrace. Our laws set limits, protect those in business, and enable people willing to take a chance. Finally, they punish those who take advantage of the system. Law allows our business community to function and has enabled the greatest economic system in the history of the world.” -Anonymous.

Explain the quotation above. Be sure to talk about what our system is, what theories underlie it, how limits have been applied to unfettered capitalism and why this is good or bad, what penalties exist, etc.).

Then apply it to the following list of particular U.S. laws and systems each in one concise but complete paragraph:

1. The Sherman and Clayton Anti-Trust Acts.
2. US Bankruptcy Law.
3. Federal Labor Law (Wagner Act, Taft Hartley, etc.)
4. Common Law of Contracts.
5. The Securities Acts of 1933 and 1934.
6. Article 2 of the Uniform Commercial Code.
7. The Commerce Clause of the United States Constitution.
8. Common Law Wrongful Termination Employment Law.

If someone could possibly help me get going, or possibly show me some credible sources, then that would be much appreciated! Thank you!!!

Do we need a fighter or fixer in the White House? Clinton says she is ready to fight for America – she has been fighting in Washington for 15 years; most often in support of big business and at the expense of low income families. She supported the bankruptcy law that has devastated thousands of middle class and low income families. She has been fighting to get her health bill passed with no success. That is what is wrong with our political circus; they fight each other and accomplish nothing!! Do we need to send a fighter to the White House or do we need to send someone who is ready to clean up the mess three previous presidents has left behind? Fighters belong in the alleys not in the White House!

i have a business bank account and the bank took all of the money out of the account because i owe them money from a previous business account. limited liability means that my business is separate from me personally by the Georgia law.
could the bank do that ?
also i am in bankruptcy me not my company i am protected by the bankruptcy law and my business is a limited liability company that is protected by the Georgia law so could i file a suit against them. I have made no transactions on this new account it is just open 3days ago and the next day the bank took my deposit for a old dept that was a business account that is no longer in business.

recently i have been given notice that i am under investigation by the Oregon state bar. my business helps people file their bankruptcy petitions. the law is very clear about our type of business stating that we cannot give legal advise and that we cannot advertise in legal sections as well as we can not tell people they should file only that they can under the bankruptcy law no attorneys will help us and we cannot get a recommendation from the bar since they are investigating us does anyone have any ideas or should i just let it go to court and plead my case

The following are some questions I have from a business law class. I really apreciate any help!!

1.) Marshaling resources through equity and debt offerings is regulated, irrespective of organizational form. How do laws structure the forms and their processes of marshaling resources?

2.) EEOC and an agency: Compare enabling and other legislation and impacts on business and society.

3) The Uniform commercial code article 9 and bankruptcy law impact collateral and collection of debt. What do you know about that?

4) The FTC and the Consumer Product Safety Commission operate under enabling legislation and enforce a number of laws. Write about that.

Dobbs: Five-weeks off for ‘do-nothing Congress’

By Lou Dobbs
CNNNEW YORK (CNN) — This Republican-led, do-nothing Congress is on its way home for a five-week vacation. I’m sure while there, they’ll be glad to explain to their constituents why they need so much rest in a year in which they will work fewer than 80 days.

The Republicans in Congress have little to brag about when they return home. And the Democrats have a lot of explaining to do, as well. Once the party of the New Deal, Fair Deal and Great Society, the party of working men and women, the Democrats are now buried as deeply in the pockets of their corporate masters as are the Republicans.

The Democratic Party has played a major role in helping to pass legislation that is grossly injurious to middle-class Americans and their families. This Congress, Republican-led with complicit Democrats, has cut billion in college-student aid, passed numerous free-trade agreements that threaten good-paying jobs and approved an unconscionable bankruptcy law written by credit-card companies that is nothing less than a federal government heel in the neck of American families bankrupted by catastrophic illness and crushing medical bills.

In fact, 18 of the 44 Democrats in the Senate and 73 of the 201 Democrats in the House voted in favor of the creditor-friendly bankruptcy bill. They apparently either didn’t bother to learn or didn’t care that half of all bankruptcies are caused by the soaring medical bills that stem from unforeseen illnesses and injuries.

The Democrats are also casting deciding votes on the so-called free-trade agreements that have allowed corporate supremacists to export American jobs to the cheapest sources of labor. Twenty-two House Democrats approved the recent Oman free-trade agreement, including 10 that had previously voted for the Central American Free Trade Agreement. CAFTA, which passed the House by only two votes at the midnight hour, opened up to American businesses a market about the size of New Haven, Connecticut.

And Democrats in the Senate have embraced the wrongheaded policies of the Bush administration on border security and illegal immigration. Thirty-eight Democrats joined with the Senate Republican leadership to crush the Republican majority and pass the illegal-alien amnesty bill.

Forty-two Democrats voted against legislation that would have built a border fence to stop the flow of illegal aliens and drugs across our borders. In fact, it was Democrat Christopher Dodd of Connecticut whose amendment was attached to the legislation that would require the U.S. government to consult with the Mexican government before building a fence along our southern border.

Congressional Democrats are even more dismissive of the need for border security than the Senate Republicans. House Republicans have taken to calling the McCain-Kennedy amnesty bill the "Reid-Kennedy bill" because Minority Leader Harry Reid of Nevada and Sen. Ted Kennedy of Massachusetts shaped most of the legislation.

The Democrats incredibly talk about illegal aliens as victims as they press for amnesty, yet not one has raised concerns for the true victims of corporate America’s lust for cheap labor: American working men and women, taxpayers all.

It was, after all, Sen. Reid who argued in 1993 that illegal aliens place "tremendous burdens" on this country’s justice system, schools and social programs, stretching our federal wallet to the limit as a result of "illegal aliens getting welfare, food stamps, medical care and other benefits."

What could possibly explain Sen. Reid’s complete conversion on the issue? He’s said it was from talking to his wife and immigrants, but could his state’s wholesale importation of illegal aliens and the importance of all that corporate lobbying and campaign contribution money be a factor? Surely not.

And how about that firebrand advocate for the Democratic Party’s traditions and values, Democratic National Committee Chairman Howard Dean? Once considered a presidential candidate with a refreshing vision for America, Dean now spends no time pursuing ideas and proposals that would help working men and women. Instead, he’s devoting his time and energy begging for money at the same contribution slop trough as his opponents while hurling insults at Republicans and indulging in petty name-calling.

Instead of articulating a vision and plan to help the United States win the war in Iraq, he said simply late last year, "The idea that the United States is going to win the war in Iraq is just plain wrong." And when Iraqi Prime Minister Nouri al-Maliki was to address a joint session of Congress, Dean called him an anti-Semite for criticizing Israel. The petulant DNC chairman outdid himself by comparing an inconsequential Republican congresswoman, Katherine Harris of Florida, to the rather consequential Joseph Stalin. The incomparable Howard Dean managed to do that while calling for an end to political divisiveness.

The Democrats want to wrest control of Congress from Republicans, and they have a better than average opportunity to accomplish the feat. The next five weeks just might be a good time for frustrated, disgusted constituents to ask what it will take to elect a Congress willing to represent working men and women and their families.

And let me know what you hear.

What would you do if the U.S. amendments said you had a right to see a doctor? You have lung cancer and are assigned a gynecologist, would you be outraged and would your amendmant rights be infringed?

Your potential livelihood is at stake, you have lung cancer and they gave you a gynecologist, this would be an outrage and unconstitutional no?

Now, I’m a murder and in the amendments it says I have the right to council and a fair trial if I can’t afford one.

The courts appoint me a public defender who specilizes in bankruptcy law to defend me in my criminal murder trial. The public defender similar to the gynecologist has no indepth knowledge of this area of the law or medicine.

Tell me why in one scenario one is an outrage and in the other this is business as usual within the United States?

Public defenders are assigned like a lottery and the selection has nothing to do with the type of crime in the defendant has committed.

So in reality the right to council and right to a fair trial could potentially be a complete lie during the first trial?

How is this constitutional and would this fly in ANY other venue?
And now I understand why 90% of cases are plea bargained.
My comparison with a doctor is as close to actuality as it can get when comparing the justice system.

Just as there’s MANY different types of lawyers, there’s Many different types of doctors. Both dealing with your potential livelihood.
Wow, people are idiots and can’t even understand what I’m trying to say.

2 out of the 4 answers are borderline retarded.
Bankruptcy lawyer whatever it’s just an example… ok Employment and Labor lawyer for a criminal trial.
I’m trying to say there is no justice, 90% of cases are plea bargained because of work loads and laziness. Why do research when you can just make a deal with the DA and hope your client is dumb enough to take the horrible deal.
The courts in the U.S. aren’t interested in justice, rather a fast moving assembly line that generates massive amounts of revenue for various industries.

Concerning this "bailout" and people who so *Badly* want this to happen….

are these NOT the *Exact* same people who did *Not* want the people of America to file "Bankruptcy" so changed the law in 2005 so that *Now* us "regular" folks have to pay the bankruptcy back?
https://www.totalbankruptcy.com/bankruptcy_law_updates_year_later.htm

***Now*** they want to "Bailout" (or should I say grant a bankruptcy to) these people…

They too, should be required to take "special classes on *How* to conduct business in a proper mannerr.

They too, should be required to "Pay Back" their protion of this 700 BILLION Dollar Bankruptcy…. (clearing throat…) I mean "BailOut"

That they want us "regular" folks to pay for in OUR taxes and our Children’s taxes and our Children’s Children’s taxes and so on and so on. (When will this 700 Billion Dollars be cleared up?!?! LOL!!!

Do You Agree?

Do we need a fighter or fixer in the White House? Clinton says she is ready to fight for America – she has been fighting in Washington for 15 years; most often in support of big business and at the expense of low income families. She supported the bankruptcy law that has devastated thousands of middle class and low income families. She has been fighting to get her health bill passed with no success. That is what is wrong with our political circus; they fight each other and accomplish nothing!! Do we need to send a fighter to the White House or do we need to send someone who is ready to clean up the mess three previous presidents has left behind? Fighters belong in the alleys not in the White House!

Do you remember when Bush & the Banks, changed the bankruptcy Law’s, around the beginning of his first term. Many people must pay, no matter their condition, but you can go before a Judge, and appeal for a lessor payment, something like paying into your grave. So here we are, the very same Banks, wanting demanding, asking for our money, so they can stay in business, and still earn their high salaries. I say put them into our Bankruptcy system.. If Fraud is involved, prosecute them. ( DO you Agree or Have another Suggestion )????

How was my response a violation any help here??? The funny thing is I cut and pasted the news story from yahoo news!!!!

Hello dez604 (dez604)

You have posted content to Yahoo! Answers in violation of our Community Guidelines or Terms of Service. As a result, your content has been deleted. Community Guidelines help to keep Yahoo! Answers a safe and useful community, so we appreciate your consideration of its rules.

Question: McCains son in a banking scandal?

Question Details: The bank lost M while Andy McCain sat on the auditor board. He quickly resigned. How will this sit with voters? http://online.wsj.com/article/SB121876461747243159.html?mod=googlenews_wsj

Deleted Answer: Don’t you mean Joe Bidens Kid??? WASHINGTON – A son of Democratic vice presidential candidate Joe Biden was paid an undisclosed amount of money as a consultant by MBNA, the largest employer in Delaware, during the years the senator supported legislation that was promoted by the credit card industry and opposed by consumer groups. ADVERTISEMENT Barack Obama’s presidential campaign said Biden helped forge a bipartisan compromise on the measure, which is now law and makes it harder for consumers to obtain bankruptcy protection in the courts. MBNA’s consulting payments to Hunter Biden, first reported by The New York Times, followed his departure in 2001 from the company, where he had been an executive. Obama opposed the bankruptcy law, enacted in 2005, while Biden supported it. David Wade, a spokesman for the Obama campaign, said that "after working in the Clinton administration in the Department of Commerce on Internet privacy and online commerce issues, Hunter consulted for five years as an expert on these very same issues at a time of enormous expansion in online banking." At the time Hunter Biden was receiving consulting payments from MBNA, he also was a Washington lobbyist at a firm he had co-founded. "He was not a lobbyist for MBNA, and his work had absolutely nothing to do with the bankruptcy bill. Zero. Nothing," said Wade. Resurrecting Biden’s role in the bankruptcy legislation could undercut one of the Obama campaign’s lines of attack: That his Republican opponent, John McCain, is insensitive to the financial woes of middle-class Americans. Consumer and civil rights groups and unions, as well as Democratic opponents, had argued that the bankruptcy legislation was unfair to low-income working people, single mothers, minorities and the elderly, and would remove a safety net for those who have lost their jobs or face mounting medical bills. The financial services industry made the case that bankruptcy frequently is a refuge of gamblers, impulsive shoppers, divorced or separated fathers avoiding child support, and multimillionaires who buy mansions in states with liberal exemptions to shelter assets from creditors. When the Senate Judiciary Committee approved the bill early in 2005, Biden, Dianne Feinstein of California and Herb Kohl of Wisconsin were the only Democrats to vote with the Republican majority. Biden also voted for the bill on final passage in the Senate, while Obama voted against it. MBNA employees have poured more than 0,000 into Biden’s Senate campaigns over the past two decades, making donors working for the credit card company the senator’s largest source of campaign money. On the bankruptcy bill, the senator "took plenty of knocks from the largest employer in his state because he demanded changes," said Wade, the Obama campaign spokesman. "Sen. Biden improved the bill for low-income workers, women, and children. There were times when he believed amendments on both sides would have blown up a bipartisan compromise backed by three quarters of the Senate. At those moments, Sen. Biden had to make the tough calls and he voted to pass a bill." In a separate matter in which Hunter Biden’s lobbying activities were referenced, he and Biden’s brother Jim have been sued for allegedly defrauding an ex-business partner. In the lawsuit filed last year in state court in New York, Anthony Lotito says that he got a call from Jim Biden in early 2006 saying that Sen. Biden was concerned with the impact that Hunter’s lobbying activities might have on the senator’s expected campaign for the 2008 Democratic presidential nomination. According to the lawsuit, Jim Biden said his brother had asked him to seek Lotito’s assistance in finding employment for Hunter in a non-lobbying capacity. The lawsuit says that Lotito later was cut out of a business arrangement with Jim and Hunter Biden to purchase a Wall Street hedge fund. Nicholas Gravante, a lawyer for the Bidens, said that Lotito’s claim that Sen. Biden told his brother that he was concerned about his son’s lobbying activities is completely baseless. "There is absolutely no connection between Joe Biden and this lawsuit. The case is without merit and it will be dismissed," said Gravante, a partner at the firm of Boies, Schiller & Flexner.

Violation Reason:Not

Okay, so I’m a business major specializing in finance and business law, so i was wondering what kind of jobs I could get that are recession-proof after graduating with a BA? And if I couldn’t get a recession-proof job with just that degree, could I go into financial law or bankruptcy law and would that be a steady future? And also, before I graduate, I wanted to know if it would be a good idea to go and study abroad with my business finance major and would that give me a leg-up on other graduates later on? please give me some good advice!!

Congress has passed billions of dollars in payments and subsidies to big oil companies , pushed through a corporate-written , consumer -crippling bankruptcy law .
They distract and divert public attention from profound issues such as , educating our youth , equatlity and the war against radical islamic terrorist that affect our daily lives .
They supported illegal immigration for the sake of cheap labor . Who benefits from that , Corporations , not the American Working Middle Class .
What if for this election we decided to declar war on both partys .
Decided to register as Independent .
For the first time , working middle class Americans might just get the attentionof the other two party’s in Washing ton .
The middle class has suffered in silence long enough .
We can’t afford to keep silent any longer .
We need to let the two partys know , that " We are mad as hell and we are not going to take it any more " !!!

and they got to vote on these laws and policies passed by congress and signed by the president of give it their blessing……..I am just curious as to how many of these laws would actually get approved by the american people by a 51% majority?

For example: the bankruptcy law, the tort reform law, the free trade deals..fast track etc….

Would the american people approve of these things?

Save your breath, I know some of you feel the people have no business giving input on such grand matters beyond their peonish comprehensions.

I’m taking my LSAT in October and am seriously considering going to law school. I realize corporate/securities/bankruptcy law all have some application towards business, but how sought after would I be once I graduate compared to MBA’s, CFA’s, and finance undergrads from the Ivys? I currently have a few years experience as a research associate and market analytics analyst and my ultimate goal is to work for/start a hedge fund focused on high yield and distressed debt investing.

My question is targeted towards money managers and analysts.

Thank you.

I want to become a laywer, and just need some tips and advice on what i should do: what’s the best school to go to, how should i prep for my lsats, and do you have to finish up at a 4 year university to go, or can u by pass all that lol.

Just need some tips and tricks on pre law and becoming a lawyer. Like what classes should i take, whats the best major for it, and how long does it usually take to become one. Any assistance with this is more than appreciated.
I need some help with this, and if im doing the right thing by going into the law field. I was thinking bankruptcy law or maybe family law, even business law has my attention right now. Which is the best category of law to go into and why?

Is all that work & school really worth it in the end? How much does it cost overall? Tell me anythng u kno abt prelaw!
Thank you so much for any info on this!!!! btw i live in california, but im sure becoming a lawyer has the same steps & process now matter where you live. Thank You!

My uncle filed for bankruptcy Chapter 7 back in 2001. He and my dad were partners in a business wich they just sold last week. My dad just told me that about 20K will be offset because of my uncle’s previous bankruptcy filing. Now is this legal, or is this included in the new change of the bankruptcy law that came in effect in 2005? Any infor will be appreciated.

I want to relocate to Florida and I have thought about working in my own business filling out petitions for lawyers in bankruptcy law, but do they exist?

I have a business that has an office in Dupage County, Elmhurst, IL to be exact. I’m looking for legal counsel that can assist with both bankruptcy law and international business laws. We operate in 20 countries around the world and our office in Dupage County, IL is among our largest branches in the world.

The ideal candidates would have decades of experience representing both United States and Worldwide headquartered companies. We do substanstial business in Hong Kong, Japan, China, India, Seoul Korea, Singapore, Holland, Argentina, and numerous other Asian and European countries.

Bonus: If law firm has experience in employment immigration matters, business transactions, business litigation, assisting with foreign-based companies in litigation, and more.

Thanks in advance for your help, feel free to let me know if you need me to elaborate on anything. Alex
@ craig williams – there are a ton of extremely intelligent people who use yahoo answers, including the smartest man in the world, stephen hawking.