hobopete
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August 23, 2014, 04:46:33 AM |
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A trustee does have the power to go to court, and is in fact, often assigned by the court to represent a bankruptcy. But they have to go to court, and the only person with the authority to decide the case is the judge. period. The judge must sign off on everything. https://bitcointalk.org/index.php?topic=742456.20
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Truthful
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August 23, 2014, 04:47:02 AM |
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You are being distracting again. These are just layers of bureaucracy. It doesn't matter who takes the report, the only authority to enforce the result is the court. you are just trying to keep people away from the truth. https://bitcointalk.org/index.php?topic=742456.20Community, please keep bumping this so that new investors can get a clear picture of the situation. Thank You. Not being distracting. Just stating what the true case is around bankruptcy. Did you look at the forms and relevant information from AFSA that I posted? None of it states that any court is needed for a debtor to file for bankruptcy. Only time a court is needed is if someone (creditor) wants to make another person bankrupt. Since Nilesh's bankruptcy was a debtors petition, no court was needed. That is like saying a traffic cop can put you in prison for 10 years because he caught you jaywalking. A court is ALWAYS needed. ONLY the court has the power. This is just stupid. No it's not. The forms and websites I referred you to do not lie. Maybe you are having trouble accepting the way the Bankruptcy Law works. I'm only providing you with that information. If you read this it might give you more information. http://www.austlii.edu.au/au/legis/cth/consol_act/ba1966142/It's stated trustees are officers of the court. Anything they accept as legally binding and bankruptcies are legally binding are representations of the court and are court binding. It's stated clearly, I even made it bold for you. it's obvious you just cannot comprehend which is okay but don't sit there and tell me it's raining while you're pissing on my shoe. As stated trustees are just obligated to follow the law. Nothing more and nothing less. If they don't they will be disqualified. Just like accountants have laws to follow too!
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corather
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August 23, 2014, 04:49:42 AM |
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Just like accountants have laws to follow too!
accountants aren't officers of the court. however there are accountants that are officers of the court.
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hobopete
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August 23, 2014, 04:52:18 AM |
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Accountants have guidelines and GAAP. (Generally Accepted Accounting Principles) Law is inflexible. Legal processes are defined by law and the Judge is the ultimate authority who applies the rule of law to the facts of the case. Any lawyers or judges care to chime in? https://bitcointalk.org/index.php?topic=742456.20
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corather
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August 23, 2014, 04:53:17 AM |
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As stated trustees are just obligated to follow the law. Nothing more and nothing less. If they don't they will be disqualified.
Incorrect, they represent the law and are often lawyers themselves. They can be disbarred for not following the law, or breaking it. They are the court the same way the judge is the court. They are pieces of a larger puzzle and all your bankruptcy documents are filed with them and with the court they represent.
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Truthful
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August 23, 2014, 05:02:53 AM |
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As stated trustees are just obligated to follow the law. Nothing more and nothing less. If they don't they will be disqualified.
Incorrect, they represent the law and are often lawyers themselves. They can be disbarred for not following the law, or breaking it. They are the court the same way the judge is the court. They are pieces of a larger puzzle and all your bankruptcy documents are filed with them and with the court they represent. That's laughable. A trustee is a lawyer??? A lawyer is not eligible see this from this website https://www.afsa.gov.au/practitioner/trustees/solicitor-controlling-trustees-eligibility-requirementsControlling Trustee Eligibility Requirements On 1 December 2004, new eligibility requirements for solicitor controlling trustees were introduced. Bankruptcy Regulation 8.35(1)(f) will provide that for subsection 188(2A) of the Bankruptcy Act 1966 a person (other than the Official Trustee or a registered trustee) is not eligible to act as a controlling trustee if the person has not by 1 December 2006: (i) become a full member of the Australian Restructuring Insolvency & Turnaround Association (ARITA); or (ii) satisfactorily completed a course in insolvency approved by the Inspector-General [PDF 38KB]
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Truthful
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August 23, 2014, 05:05:05 AM |
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lol, lol I can't fabricate what the Bankruptcy Law says or what the authorities, such as AFSA state. I can't fabricate their forms or what is written on Government websites. Why don't you ring AFSA??
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codmaster
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August 23, 2014, 05:05:42 AM |
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he is really trying....and failing
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Truthful
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August 23, 2014, 05:08:07 AM |
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he is really trying....and failing Prove me wrong. I have responded to all your claims, yet you haven't presented any reasonable information or credible source to support your claims.
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hobopete
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August 23, 2014, 05:09:20 AM |
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lol, lol I can't fabricate what the Bankruptcy Law says or what the authorities, such as AFSA state. I can't fabricate what their forms or what is written on Government websites. Why don't you ring AFSA?? We are not discussing means of filing, we are discussing means of DISCHARGE. And an unpaid debt can only be discharged by the order of a judge in a court of law. Disprove this statement if you can. https://bitcointalk.org/index.php?topic=742456.20
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jasemoney
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Forget-about-it
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August 23, 2014, 05:09:35 AM |
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you guys are nuts, who cares. maybe the guy had to many coconut drinks in Fiji. the 25 mil was from 2012, it was proof that they have dealt in large transactions when people were wondering if GES had ever sold anything worth over $5 Dollars. And GES/GES pty/Niers if you guys think these are all separate companies you need a checkup from the neckup. all the nier information was on the old gescommodity website. It shouldnt matter if Nilesh is bankrupt, his wife is running the show isnt she? Truthful or Chang pointed out that Aus bankruptcy takes 3 years to resolve. we're just about done with Nilesh's year one. Sit back and enjoy the popcorn, nothing anyone says in this thread will be remembered in a week let alone 6 months. It wont be seen by the end users of urocoin. its a giant circlejerk like most of the other threads on the altcoin portion of this website.
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$MAID & $BTC other than that some short hodls and some long held garbage.
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hobopete
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August 23, 2014, 05:10:55 AM |
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corather
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August 23, 2014, 05:11:03 AM |
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As stated trustees are just obligated to follow the law. Nothing more and nothing less. If they don't they will be disqualified.
Incorrect, they represent the law and are often lawyers themselves. They can be disbarred for not following the law, or breaking it. They are the court the same way the judge is the court. They are pieces of a larger puzzle and all your bankruptcy documents are filed with them and with the court they represent. That's laughable. A trustee is a lawyer??? A lawyer is not eligible see this from this website https://www.afsa.gov.au/practitioner/trustees/solicitor-controlling-trustees-eligibility-requirementsControlling Trustee Eligibility Requirements On 1 December 2004, new eligibility requirements for solicitor controlling trustees were introduced. Bankruptcy Regulation 8.35(1)(f) will provide that for subsection 188(2A) of the Bankruptcy Act 1966 a person (other than the Official Trustee or a registered trustee) is not eligible to act as a controlling trustee if the person has not by 1 December 2006: (i) become a full member of the Australian Restructuring Insolvency & Turnaround Association (ARITA); or (ii) satisfactorily completed a course in insolvency approved by the Inspector-General [PDF 38KB] Umm, that's not what that means.
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Truthful
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August 23, 2014, 05:21:35 AM |
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As stated trustees are just obligated to follow the law. Nothing more and nothing less. If they don't they will be disqualified.
Incorrect, they represent the law and are often lawyers themselves. They can be disbarred for not following the law, or breaking it. They are the court the same way the judge is the court. They are pieces of a larger puzzle and all your bankruptcy documents are filed with them and with the court they represent. That's laughable. A trustee is a lawyer??? A lawyer is not eligible see this from this website https://www.afsa.gov.au/practitioner/trustees/solicitor-controlling-trustees-eligibility-requirementsControlling Trustee Eligibility Requirements On 1 December 2004, new eligibility requirements for solicitor controlling trustees were introduced. Bankruptcy Regulation 8.35(1)(f) will provide that for subsection 188(2A) of the Bankruptcy Act 1966 a person (other than the Official Trustee or a registered trustee) is not eligible to act as a controlling trustee if the person has not by 1 December 2006: (i) become a full member of the Australian Restructuring Insolvency & Turnaround Association (ARITA); or (ii) satisfactorily completed a course in insolvency approved by the Inspector-General [PDF 38KB] Umm, that's not what that means. What else could it mean? It states that a lawyer/ solicitor can't be a trustee.
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Truthful
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August 23, 2014, 05:24:58 AM |
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lol, lol I can't fabricate what the Bankruptcy Law says or what the authorities, such as AFSA state. I can't fabricate what their forms or what is written on Government websites. Why don't you ring AFSA?? We are not discussing means of filing, we are discussing means of DISCHARGE. And an unpaid debt can only be discharged by the order of a judge in a court of law. Disprove this statement if you can. https://bitcointalk.org/index.php?topic=742456.20A discharge is granted by a trustee in personal bankruptcy, not a judge. Remember I'm not talking about GES AU or GES HK, as previously stated. Read this about the discharge of bankruptcy https://www.afsa.gov.au/debtors/bankruptcy/bankruptcy-overview/when-does-it-end
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jasemoney
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Forget-about-it
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August 23, 2014, 05:25:59 AM |
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whocares
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$MAID & $BTC other than that some short hodls and some long held garbage.
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