SECTION 707 of the bankruptcy code provides for the court’s authority to dismiss a bankruptcy case for abuse. What kind of conduct amounts to abuse of bankruptcy law by the debtor depends on the totality of circumstances surrounding the case. For instance, if the debtor files a bankruptcy despite the fact that his means test…
BY APPROVAL Notice dated October 19, 2012, the Nebraska Service Center granted deferred action on Form I-812D and the corresponding employment authorization on Form I-765, valid from October 17, 2012 to October 16, 2014, both filed by a Filipino student on August 21, 2012. And by Approval Notice dated October 25, 2012, the California Service…
Alex Esclamado is dead. He passed away last Sunday, November 4, in Cebu City from a lingering ailment. His demise is a loss for Filipinos in America, as well as those in the Philippines who endured the Marcos dictatorship. On May 9, 1989, President Cory Aquino conferred the Philippine Legion of Honor on Alex. The…
On June 15, 2012, the Obama Administration announced a new policy of Deferred Action for Childhood Arrivals, which is now being referred to as “DACA.” Under this program, the government will defer, or not seek to deport/remove, (and grant work authorization to) certain individuals who were brought to the US at a young age. Although…
Six million Asian Americans in California are deeply affected by the actions of one of the most powerful California government agencies, the California Public Utilities Commission (CPUC). The CPUC influences a broad range of multibillion dollar utility and telecommunications companies. This includes PG&E, SoCalEdison, SoCalGas, SDG&E, AT&T, Verizon, and Sprint. This powerful five member commission…
THE verdict of the American people is out: President Barack Obama wins over his Republican challenger Mitt Romney, after going over the top of the required absolute majority (magic number 270) of the electoral vote: 303 -206. The President also won the popular vote, 50 percent (59,935,130 votes), versus Romney’s 48 percent (57,256,881 votes). President…
Quietly sitting in our kitchen is a good friend but a bad enemy, a killer, when “abused.” We are not talking about fire or boiling water, or knives, or even bacteria. We are referring to an old friend from times immemorial: table salt. Most of us eat more salt or sodium chloride than our body…
US News and World Report writer Mary Brophy Marcus wrote an article a few years back about the critical shortages of physicians in the United States and the escalating cost of healthcare due to the malpractice crisis, which piece she entitled Healthcare’s “Perfect Storm.” The title was, indeed, most appropriate, one that predicted an ominous…
The twin cases of De Osorio v. Mukasey and Costelo v. Napolitano, both decided by the Ninth Circuit Court of Appeals on September 26, 2012 now allows many children who were included in their parents’ petitions as derivative beneficiaries, but who “aged-out” or turned 21 before immigrant visas became available to them, to “recapture” the…
THE election process is more complex than just casting votes and counting ballots, as it is a right and a privilege — one of the perks of a democracy. In light of the US election, and the coming Philippine election next year, access to information on elections (from registration, to voting processes, to deciding who…
Memories were spread across the archipelago in a time before we were made to submit before a colonial power. These memories make up our native history—one filled with gods, our ways of life, values, and the like. Once we were placed under colonial rule, the masters exercised their powers to make us into willing subjects….
FOR years, special interest groups funded by big business have been perpetuating the myth of “litigation explosion” to justify limiting the legal rights of consumers. Under the guise of “tort reform,” the myth is used to limit recoveries for financial losses or personal injuries suffered by consumers. (Tort deals with laws on personal injuries, wrongful…
ONLY two years in office, yet President Aquino’s government has been constantly making efforts to improve the lives of its constituents. Amid upgraded credit ratings, huge investments and renewed business confidence from all over the world, the Aquino administration continues to expand movement towards poverty reduction as well. The Conditional Cash Transfer (CCT) program of…
IN 1988, Maria, a US citizen, petitioned her brother, Edgar from the Philippines. Although the petition was approved, the priority date was not current. In fact the priority date did not become current until 2011. When it came time for Edgar to process his immigrant visa, his son, who was 2 at the time of…
WE HAVE earned a right to vote here in this great nation. We should all make time to exercise that right and study the issue and vote according to our beliefs. Regardless if you think it will make a difference or not, please do vote it should make you feel proud to be an American,…
THE name of the game is keeping a low audit profile. It means getting lost in the crowd. It reduces the risk of an audit. Here are 12 tips to keep the IRS from auditing your tax returns: 1. Make sure that social security numbers and names that you use on your income tax match…
DR. JUNE Caridad Pagaduan-Lopez reached another milestone in her long and distinguished career. On October 25, the United Nations elected the well-renowned Filipina doctor to its Sub-committee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). She was elected during the fourth meeting of Optional Protocol to the Convention against…
IMAGINE you won the new Prius in your church lottery. Instead of keeping the car, you sold it for $25,000. You use the $25,000 to pay down the mortgage on your house. After six months, you decide to file for Chapter 7 relief because you owe $100,000 of credit card debt of which $40,000 is…
WE began this month of November with two feast days that are close to our hearts as Catholics: All Saints’ Day and All Souls’ Day. These subsequent feast days set the mood for the coming holiday season, one that should be reflective and solemn; one that connects with the images of fall season: the falling…
Rheumatoid Arthritis (RA), commonly known as arthritis, which causes the usual aches and pains in the various joints in the body, especially among the elderly, affected about 47.8 million people in the United States in 2005. It is projected to rise to 67 million by 2030. RA is also found among those who are between…
IT’S that time of the year again — for a celebration universally known as Halloween. Spooky decorations of skeletons, ghosts, witches and pumpkins dangle on windows and lawns with almost the same regularity as Christmas lights. Parties are organized, with attendees making careful preparations on their costumes. Each year, in different parts of the world,…
ALTHOUGH the volume of newly-filed applications for benefits is down at the USCIS, the processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for green cards, citizenship and other applications, since the USCIS is the only…
SoftBank, a major Japanese telecommunications company, is seeking to acquire America’s third largest telecommunications company, Sprint, for $20 billion. It is possible that a combination of anti-foreign investment politicians, community groups, the Federal Communications Commission (FCC), the Department of Justice (DOJ) and the California Public Utilities Commission (CPUC) will seek to oppose this merger. The…
One of the most dangerous survival tests for family businesses is their succession. It is no surprise therefore that many successors and heirs feel relief and complacency once the transition period is completed. However, the handing down of power and money is not an end point, but a new beginning of an ongoing process —with…
There is a presence, grand and mystic, that lurks in caves. History harkens the images of men seeking shelter in caves as they made the first paintings of the beasts they’ve encountered. Moving away from the caves marked a monumental change in our psyche for we became individuals who were out to conquer the vast…
A LOT of people end up filing bankruptcy when they get to the point of feeling hopeless about their financial problems. Despite what others may think, there is no shame in needing a second chance to secure your financial future. Bad things can happen to good people as the saying goes. Sometimes, people simply make…
HISTORICALLY, it has long been a natural occurrence in Philippine politics that family members or relatives of a political figure would eventually run for a position in government — more popularly known as “political dynasties.” With the 2013 elections fast approaching, expect the same scenario to unravel, as several prominent (both old and new) politicians…
IN 2008, the California State Controller’s office led a multi-state audit of the practices of 21 national insurance companies, to determine these companies’ compliance with state unclaimed property laws. California’s unclaimed property program generally provides that businesses must send lost or abandoned financial accounts to the State after three years of inactivity in order to…
Back in 1996, when President Ramos signed what was described as a “final peace agreement” with Nur Misuari’s MNLF, I wrote a piece guardedly welcoming the initiative and expressing relief over the possibility of peace in Mindanao. The pact was, concededly, not perfect, and the signatories on both sides had well-founded apprehensions over certain provisions….
