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Nov 21st
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Home General Interest Atty. Larry Yang

Atty. Larry Yang

GM seeks rebirth through bankruptcy

GM, the largest company in the world, filed for bankruptcy relief this week. The government gave GM another 20 billion to usher it into a "prepackaged" bankruptcy and to give it enough cash to operate while it remains in bankruptcy. The administration confirmed that the bankruptcy was needed so that GM could be reborn as a leaner, more competitive, and profitable business enterprise. In bankruptcy, GM is expected to raise cash by selling major assets, cut down and restructure debts, void contracts, shed hundreds of dealerships, reduce union and employee benefits, restructure ownership, and reduce brand names and product lines. GM is the maker of Chevy, Cadillac, Saturn, Hummer cars and trucks and has been the flag bearer of American business in the last century. It is a sad day for all Americans that this icon of American business acumen has knocked on the door of bankruptcy court this week but the fact is, without bankruptcy protection and reorganization, GM would have collapsed after the 20 billion new infusion of government funds was used up. The cash infusion would have permitted GM to continue operating for another sixty days. Thereafter, without new funds or bankruptcy court protection, GM would not be able to pay its legal obligations. Banks, suppliers and other creditors could no longer be paid.

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GM seeks rebirth through bankruptcy

GM, the largest company in the world, filed for bankruptcy relief this week. The government gave GM another 20 billion to usher it into a "prepackaged" bankruptcy and to give it enough cash to operate while it remains in bankruptcy. The administration confirmed that the bankruptcy was needed so that GM could be reborn as a leaner, more competitive, and profitable business enterprise. In bankruptcy, GM is expected to raise cash by selling major assets, cut down and restructure debts, void contracts, shed hundreds of dealerships, reduce union and employee benefits, restructure ownership, and reduce brand names and product lines.

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Chrysler’s bankruptcy

Chrysler’s lawyers will appear in bankruptcy court today to inform the court the status of the chapter 11 reorganization plan as well as what kind of motions it will be filing prior to submission of the plan. The reorganization plan is required to be submitted and distributed to all parties in interest within 120 days of the filing of the case. In the meantime, Chrysler is a debtor in possession of the business, and will operate in a business as usual fashion but under the protection of the bankruptcy court. Creditors will not be able to sue Chrysler and all other legal procedures to collect debt from it will stop giving it a peaceful albeit artificial environment where it can continue operating free from the stress of creditor harassment. 

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Does hell exist?

(2 votes, average: 3.00 out of 5)

Many people think that hell does not exist. They think that such a horrid place cannot exist because a loving God would not create such a terrible place, or for those who deny that od exists, they likewise deny that hell exists because they believe that there is nothing after death. But it doesn’t really matter what people think or believe, a fact remains a fact, and if hell exists, it still exists irrespective of what people think. God still exists even if there are those who deny He exists. The paradise on earth called Hawaii still exists even if some people do not believe it does. Some of us have been to Hawaii even if some of us deny it exists. Now, for those of us who are atheists, how can they be so certain that God does not exist, and hell does not exist, when they have not yet died? Is it not the better part of caution to assume that you could be wrong and gamble that hell could exist and try to avoid going there for the rest of eternity than being so cocky now to think that you are so sure that it could not exist and end up there after you die?

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Should you file for bankruptcy relief?

BANKRUPTCY has been in the headlines time and again. Chrysler filed for bankruptcy protection last week even as it’s partnership with Fiat was concluded. GM, the world’s largest company, will also be knocking at the door of bankruptcy court very soon. The CEO’s of both companies have very strongly argued against seeking bankruptcy relief saying that the public would not buy it’s cars if they sought bankruptcy protection as they held tin cups in hand begging for bail out funds to keep their businesses operating. Nevertheless, both companies have been or will be dragged into bankruptcy court with their feet kicking. The point of the story is that if you are in fact bankrupt, denial will only delay the inevitable trip to bank-ruptcy court. Both Chrysler and GM were hemorrhaging cash at the rate of billions of dollars a month. They are in fact bankrupt.

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Senate rejects mortgage reduction bill BK amendment

PART of President Obama’s plan to reduce foreclosure was to amend the new Bankruptcy Code to empower bankruptcy court judges to reduce the balance of mortgages to be in line with the current fair market value of residences, reduce interest rates and extend the term of the mortgage. Under the proposed amendment, a Chapter 13 debtor who lives in a house that has a current fair market value of $250,000 but with a fi rst trust deed balance of $400,000, and a second trust deed balance of $75,000, would be able to ask the judge to reduce the $400,000 to $250,000, and void the second trust deed balance of $75,000 completely.

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Adequate recordkeeping required for BK discharge

SECTION 727 (a)(3) of the new bankruptcy code states that the court shall not give a discharge to the debtor who "has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor’s financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case."

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Is Severance Package Benefits exempt in BK?

A SEVERANCE package is money that will be paid to an individual who agrees to terminate employment as compensation for the loss of future earnings. This can be in the form of lump sum money paid coupled with payment of educational expenses to train the individual to obtain skills for another job. Severance pay can be a significant amount. What happens to a severance package when the individual files for bankruptcy relief? This question is relevant in these times when many people lose their jobs because of the recession and are forced into bankruptcy. This question was answered in the matter of "Lewis" but is currently on appeal. H. Robert Pierce, debtor’s counsel in that case shares the unpublished bench opinion to help other debtors in a similar situation.

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Bail out vs bankruptcy

BAIL out and bankruptcies are two words that have made headlines recently. Hundreds of billions of Federal bail out funds have been given to the banking and financial industry and to the big 2 carmakers, GM and Chrysler, in the last 3 months. Bail out funds was given to AIG, the biggest American insurance company, to save it from bankruptcy.

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Balikbayan Magazine Issue 9 Vol. 1 November

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