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27 Jan, 2008 10:37 am by Jordan E. Bublick, Bankruptcy Attorney
... debtors did not specifically claim their homes as exempt on their form schedule C, that they nonetheless received various "benefits" from their ownership of the homestead. The court disagreed with the trustees and concluded that the fact that the debtor did not ... that nothing in section 222.25(4) makes it unavailable to a debtor who is also claiming the $1,000 constitutional personal property exemption. The court held that the debtors are entitled to claim the $4,000 section 222.25(4) exemption ...
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
1 Sep, 2008 5:51 am by David Jacobson
A discussion paper has been released on the regulations proposed to be made under the Personal Property Securities Bill. The Bill would establish a national framework for the regulation and registration of security interests in ... were invited by 15 August 2008. In light of the public consultation on the Bill it is likely that there will be some refinement to various aspects of the Bill. The development of the PPS Register is progressing on schedule for a commencement date in May 2010. The deadline ...
Australian Regulatory Compliance Review - http://www.djacobson.com/australian_regulatory_rev/
17 May, 2007 4:00 am by Dan Harris
... Introduction," can be found here. Part II, entitled, "China's New Property Law, Part II -- General Principles, can be found here. Part 2 ... right to take land owned by collectives and buildings and personal property owned by private persons for a public purpose. The state is required to provide compensation for such takings. ... value, not the tiny amounts of compensation currently paid. Earlier drafts of the Property Law included various provisions that would have defined "public purpose" and would ...
Tags: Legal, News
China Law Blog - http://www.chinalawblog.com/
14 May 10:58 pm
... and so on. There were many dozens of kinds of these political properties specified in thousands of property deeds, called charters. Charters often freely bundled real ... and thus justified removal of the cases to the king's courts. The definitions of various political properties increasingly included the procedures within which those rights to coerce had ... school choice, birth control, and abortion, among other such negative personal rights, have been unearthed and applied to limit State and Federal ...
Unenumerated - http://unenumerated.blogspot.com
2 Oct, 2007 5:41 pm
... that makes this tax-deferral happen is a complicated set of rules that adjust the members' and the LLC's basis in the property and the members' interests. The downside is that it takes an expert tax advisor who is steeped in LLC taxes to get this to ... reach of personal creditors Pitfalls: An interest in an LLC is personal property that may be subject to attachment and liquidation by creditors. The LLC statutes of each state give creditors various rights to obtain charging orders, which are formal ...
LLC and Corporation Small Talk - http://blogs.nolo.com/llc-corporation
26 Aug, 2007 7:25 am
We've set up an entire statutory and regulatory scheme for various types of intellectual property such as patents, trademarks and copyrights. You can protect ... Even Creative Commons, however, hasn't stretched into the world of Technology Property of avatars, electronic items such as e-money, video game possessions, text ... copyrighted, but registration is not required to constitute PITP. 4. PITP constitutes a personal property asset, and as such may be insured, licensed, restricted, sold, transferred ...
May it Please the Court - http://www.mayitpleasethecourt.com/
27 Mar 9:01 am by John E. Harding, JD, CFLS
... Generally speaking, property characterization depends on three factors: (1) the time of acquisition; (2) the "operation of various presumptions, particularly those concerning the form of title"; and (3) the determination "whether the spouses have transmuted" the ... of property to occur, statutory formalities must be met." (Ibid.) "A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse ...
California Divorce Blawg - http://californiadivorce.blogs.com/blog/
9 Jan, 2008 11:10 am by Lawrence Solum
... is always fault-based. This claim leads Professor Ripstein both to a distorted account of tort law's various strict liabilities and to a fundamental mischaracterization of much of the conduct subject to liability in tort. Professor Ripstein's recasting of ... that the parties to the original position bring to protecting the physical integrity, psychological integrity and personal property of persons would appear to require-in some form-both the legal prohibition of certain kinds of harmful or rights ...
Legal Theory Blog - http://lsolum.typepad.com/legaltheory/
21 Sep, 2007 9:27 am by Jean Jin
... image, the player interacts with the virtual world of the game he is playing. [4] An item is how this article will refer to personal property of an avatar. During a player's journey through the virtual realm, his avatar will come across ... whose growth parallels the expansion of the in-world community. Accordingly, game companies have dealt with the ownership issues in various manners. Traditional Approach In the brief history of online gaming, companies that provide virtual worlds take the full ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
10 Nov, 2007 5:20 am by Jordan E. Bublick, Bankruptcy Attorney
... . October 30, 2007)(Hyman, C.J.) presented various issues to the court. Among them was the trustee's objection to the debtor's claim of exemption of certain personal property as held as tenants by the entireties. The case was commenced by ... court held that before the issue of the exemption should be determined, it needed to be determed whether the Rule 9011 motion was property of the estate. The court noted that the 11th Circuit has held that federal law determines whether an interest is property ...
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
3 Apr 8:05 am by William L. Exeter
... investor really owns and holds a "general" or "limited" partnership interest in the partnership. The general or limited partnership interest is an interest in personal property and not an interest in real estate. The partnership as an entity actually owns the interest in the real property. ... key is to meet with your 1031 exchange advisors, including an experienced Qualified Intermediary with partnership expertise. I will be discussing these various options in my next few blog posts, so stay tuned.
The 1031 Exchange Blog - http://www.1031exchangeinstitute.org/1031-exchange-blog/
3 Jul, 2007 11:36 am by Charles Rubin
... years. Further, future growth in taxes (excluding school taxes) will be limited to the rate of growth in personal income. The proposed constitutional amendment provides for various relief, including: Replacing the current $25,000 homestead exemption, and the Save Our ... of the highest and best use of the property). Taxing of working waterfronts based on the income from the property (instead of the highest and best use of the property. An exemption for the first$25,000 of tangible personal property.
Tags: Valorem, Ad, Taxes
Rubin on Tax - http://rubinontax.blogspot.com
6 Nov, 2008 10:52 pm by Meriwether & Tharp
... 's equitable distribution of marital property further, it is important to first understand what is and is not marital property. Martial property is the real and personal property and assets acquired by the parties during the marriage. Moore v Moore, 249 Ga. 27 ... case, how the division of marital assets shall occur. Trial courts tend to exercise this broad discretion by looking at the various factors such as each party's contribution to the acquisition and maintenance of the property, the purpose ...
Atlanta Divorce Attorney Blog - http://www.atlantadivorceattorneyblog.com/
14 Dec, 2007 3:30 am by Marcia Oddi
... practice anyway. "We do not have a crisis today of taxing religious property," said Sen. Patricia Miller, R-Indianapolis, the author of Senate Joint Resolution ... 6.3 percent of the state's gross assessed value - is exempted from property taxes because of various exceptions including religious purposes. But speaker after speaker ... exemption and is narrower than the current law. For instance, it exempts buildings and personal property regularly used for religious worship, while current law uses the term ...
The Indiana Law Blog - http://indianalawblog.com/
8 May, 2007 8:46 pm by Barbara Ann Jackson
... of action to foreclose on 4968 Lurline Street, various court pleadings filed by Mr. Adcock also confirm that Wells Fargo held the security interest for the Lurline Street property. Also, documentation from Wells Fargo says that ... only serves to demonstrate yet another prima facie fact, to be revealed in a SAFE, open to the public trial, that specific persons are undeniably engaged in utilizing judicial proceedings to accomplish fraudulent activities. FURTHER, IN THE SAME REGARD AS THE VERY RECENT ...
Law & Grace, Inc. - http://www.lawgrace.org
18 Oct, 2008 7:30 pm
... a data collection application, but rather a platform for the electronic aggregation and storage of health information as well as the foundation for various applications. At the federal level, ONC also is focusing on patient-centered health care. Released in June 2008, the ... , Connecting Consumers Common Framework for Networked Personal Health Information, June 2008; http://www.connectingforhealth.org/phti/. [13] Christiansen, John R., Why Health Care Information Isn't Property - And Why That Is to ...
Tags: Health, 2.0
Health Care Law Blog - http://healthcarebloglaw.blogspot.com
19 Apr 8:52 pm
... ("PDPP" or "the Act"). The Act criminalises the destruction of public property and provides for the imposition of sentences upto a period of five years for such destruction. Citing various precedents including Vishaka v. State of Rajasthan, AIR 1997 ... to supplement existing law, it also fails to provide any basis for its authority to issue directions making private persons liable for compensatory and punitive damages for loss of lives and destruction of private property. In providing a mechanism ...
Law and Other Things - http://lawandotherthings.blogspot.com
19 Sep, 2006 6:59 pm
... do, viz., makes the most of his own. If the king or subject have a public wharf, unto which all persons that come to that port must come and unlade or lade their goods as for the purpose, because they are the wharves only licensed ... to the needs of other private owners whose pursuits are vital to the paramount interests of the community. The state may control the use of property in various ways; may prohibit advertising bill boards except of a prescribed size and location, or their use for certain ...
Unenumerated - http://unenumerated.blogspot.com
6 Apr, 2008 12:23 pm by Phillip V. Marano
... their eyes to read here and here for a more compelling example of virtual property. Again, I have scaled down my law school outline and broken it ... Act (DMCA) 17 U.S.C. Section 1201 - (a)(1) No person shall circumvent a technological measure that effectively control access to a work protected under ... -transferable, and subject to revocation by the owner of the underlying fee simple. Various "laws" effect virtual property: real law, human enforcement, technology of the software, built-in controls, ...
Intellectual Property and Internet Law - http://softip.blogspot.com/
9 Jul 4:54 pm by tammy
... thoroughly understand both the loan documents for the particular loan and foreclosure laws in the area where the collateral property is located. Depending upon the various factors contained in loan documents and the nuances of state foreclosure laws, there are usually ... properties to one person. If the level of foreclosures is sufficient to occupy one or more people fulltime, then this person almost certainly must be a new-hire. Don't rely on the loan officers that initiated the problem loans to ...
LawInfo Weblog - http://blog.lawinfo.com
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