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Bankruptcy
and
Tax Debt
See whole article on
page 6 for more details.
When may a
bankruptcy
case be dismissed?
Read full article on page 6.
Opportunities for a
seaman to adjust
status
See whole article on page 3 for
more details.
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Cayetano, Trillanes, Marcos
for VP? It’s a ‘free zone’
for NP, says Villar NEED A
VOL. 3 ISSUE 49
T
he
Nacionalista
Party (NP) will not
impose on its members
which vice presidential candidate to support in the 2016 elections in the event that
three of its stalwarts
decide to seek the second highest national
post, Sen. Cynthia Villar said on Tuesday.
D
Sen. Villar, wife of
NP President and former Senator Manuel
“Manny” Villar, said
the party will not
choose whom among
Senators Alan Peter
Cayetano,
Antonio
“Sonny” Trillanes IV,
and Ferdinand “Bongbong” Marcos to officially
NEW OR
USED
CAR?
(Cont. on Page 6 )
Supporters pledge
P1B for Duterte
AVAO
CITY,
Philippines—
They are not expecting anything in
return, not even publicity. All they want
is a crime-free, drugfree, corruption-free
and
rebellion-free
Philippines.
“They” are a group of
Filipino businessmen
who believe Davao
City Mayor Rodrigo
Duterte’s
policies
are good for business
and have pledged P1
billion to bankroll
SEPT 30, 2015 - OCT 6, 2015
his presidential candidacy, according to
Duterte’s aides.
The businessmen,
who call themselves
the Anonymous Patriots for Peaceful
and Progressive Philippines, or AP4, believe that “by helping
Duterte win the presidency, they would
be showing their patriotism,” said former North Cotabato
Gov. Emmanuel
(Cont. on page 6)
Cayetano, Trillanes, Marcos for VP
Trillanes vows to expose
more alleged corrupt
activities of Binay
enator Antonio Trillanes
IV on Tuesday vowed to
expose more alleged corrupt
activities of Vice President
Jejomar Binay.
Trillanes went to the Department of Justice (DOJ)
on Tuesday to submit his
rejoinder-affidavit on the
S
libel case filed against him
by suspended Makati Mayor Jejomar Er win “Junjun”
Binay in connection with
his allegation that the mayor bribed Court of Appeals
justices to stay the implementation of his preventive
suspension (Cont. on Page 6 )
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PAGE 2
Sept 30, 2015 - Oct 6, 2015
NEWS ROUND-UP
LP has 8 bets for senator in the bag
The Liberal Party has filled eight of the 12
slots in the administration-backed senatorial ticket next year.
But the LP may wait until the last minute before its Sept. 30 meeting at its Balay
headquarters in Quezon City for standard
bearer Mar Roxas to announce who between Sen. Alan Peter Cayetano and Camarines Sur Rep. Leni Robredo would be his
running mate.
According to Quezon City Rep. Winston
Castelo and Caloocan Rep. Edgar Erice,
the eight LP senatorial candidates are three
reelectionists (Senate President Franklin Drilon and Senators Ralph Recto and
Sen. Alan Cayetano
Teofisto Guingona III), former Sen. Francis Pangilinan and four Cabinet members
(Justice Secretary Leila de Lima, Technical
Education and Skills Development Authority chief Joel Villanueva, Metro Manila Development Authority Chair Francis Tolentino and former Energy Secretary Jericho
Petilla).
Castelo said the eight names were announced in a resolution during a meeting of
the National Executive Council last Tuesday with President Aquino.
Seat for Pacquiao
Castelo said that of the four remaining
slots, one seat was reserved for Sarangani
Rep. Manny Pacquiao, who attended the
formal launch of the opposition United Nationalist Alliance party two months ago.
He said Robredo would get an automatic
seat on the senatorial slate if she continued
to decline to run for vice president.
Castelo said the individuals being considered for the other seats were Taguig Rep.
Lino Cayetano and Las Piñas Rep. Mark
Villar of the Nacionalista Party, former
Sen. Panfilo Lacson and Akbayan Rep.
Risa Hontiveros.
Last-minute decision
Erice said Roxas’ choice for vice president
could be decided at the last minute before
the Sept. 30 LP meeting with President
Aquino.
He said that at this point, it is still a toss-up
between
Robredo
and Cayetano,
with the
final decision to
be made
by Roxas
in consultation
with the
President and
LP leaders.
LP
members
h a v e
been invited to
attend
the 8 a.m. event on Tuesday in which the
President would announce the party’s full
ticket.
Castelo said that aside from forming a
strong ticket for 2016, it was important to
keep Speaker Feliciano Belmonte Jr. within
the fold amid efforts by other groups to pry
him out of the LP.
“He is the glue that will hold everybody
together, an ingredient that Secretary Mar
needs very badly now. The Speaker’s close
relationship with different political parties
will prevent the party and coalition from
breaking up,” said Castelo.
Erice said LP members appreciated the
importance of keeping Belmonte in the
fold. “I for one sees no other option [to
keep the party members together] but the
Speaker. He has mastered how to manage
the House,” said Erice.
20 feared missing after India boat
capsizes—official
GUWAHATI, India—Rescuers were
searching on Tuesday for about 20 people feared missing after a boat capsized
and sank in a rain-swollen river in remote northeast India, a government official said.
The motorized ferry was taking about
100 villagers to a popular boat race in
Assam state when it hit a bridge pylon
and overturned on the Kolohi river late
on Monday, a top district administrator
told AFP.
“The village headman who jumped
out first from the boat told us that some
80-90 of his fellow passengers swam to
safety,” said Vinod Seshan.
“There are apprehensions about some
20 other people but no one has reported
any person missing to the police as yet.
But we have restarted rescue operations
this morning,” he told AFP.
Initial reports said up to 50 people were
feared missing, but district police chief
Indrani Barua said most passengers were
later thought to have swum to safety.
Ferries plying rivers in India’s remote
northeast do not keep passenger lists,
making it impossible to find out the exact number of people missing after a boat
accident.
Boat accidents are common because of
lax safety standards and overcrowding.
FIL-AM POST
Fired Beverly Hills bakery workers’
lawsuit claims jump to $15.2M
SAN FRANCISCO — Filipino workers
in Southern California suing the bakery
owned by the married daughter of Juan B.
Santos, chair of the Philippines Social Security, are now asking for a default judgment worth more than $15 million dollars,
according to new court documents filed on
Friday.
The filing comes after Analiza Moitinho
de Almeida, Santos’ daughter, and her
husband, Goncalo Moitinho de Almeida,
failed to respond to two court filings in
September. The Almeidas were in the Philippines for the summer.
The papers say the Almeidas triggered
a judgment for having “failed to plead or
otherwise defend,” essentially ignoring the
court.
The Almeidas told this reporter they were
on holiday in the Philippines and would return at their lawyers’ directions. They have
fired the workers they brought to the U.S.
on special E-2 investor visas; shut down
and sold the two L’Amande bakeries; sold
off their millions in assets including an
apartment building and home in the Los
Angeles suburbs; and they have stayed in
the Philippines, except for one trip to sign
real estate documents in the sale of the
home in September.
In an email to this reporter in August,
Analiza Moitinho de Almeida admitted to
the transferring of assets.
“We needed to find funding somewhere,”
she wrote. “We are accused of hiding assets. I ask you this — do you think we
wanted to lose the bakeries, where we have
poured our lifetime savings and such hard
work? Do you think we wanted to lay off
the other 35 U.S. hired workers who have
invested their time and careers with us? Do
you think we wanted to use the proceeds of
the building to finance this lawsuit? Again
I ask you, who is now the victim?”
But the new court documents filed on
Friday, September 25, say the 11 workers
were the ones victimized by Almeida and
are “entitled to judgment against the defendants on all claims.”
The suit brought forth last March is based
on violations of California state and federal laws, including human trafficking
under the racketeering laws, and a variety
of labor code violations involving unpaid
wages and overtime.
The new motion claims damages of $12.4
million, including $10 million for compensatory and punitive damages on the human trafficking and the retaliation claims.
Actual back wage claims amount to about
$2.3 million. Another $2.8 million are in
court costs and attorney’s fees. All told, the
plaintiffs are seeking more than $15 million.
The court has been awaiting a response.
Instead, the Almeidas appeared to fight the
claims based on federal and state law on
Facebook, by posting photos of the workers at play during their leisure time.
“How can these photos below be construed as ‘slavery’?” Analiza Moitinho de
Almeida wrote to this reporter in August.
“All the employee claims are based on
self-serving untrue statements designed to
fast track their permanent residency visa.
Their claims will be disproven with the
documents and photos we have.”
Pagcor donates P10B for schools
FORT DEL PILAR, Baguio City—The
Philippine Amusement and Gaming Corp.
(Pagcor) has allocated P10 billion to build
classrooms, encouraging other gaming
firms to likewise contribute to the improvement of public schools nationwide.
Pagcor Chair Cristino Naguiat Jr. made
the disclosure here on Saturday during the
groundbreaking for a P305-million fourstory state-of-the-art cadet quarters at the
Philippine Military Academy. Naguiat had
come up with Defense Secretary Voltaire
Gazmin for the ceremony.
“Unlike the old dormitory barracks, we are
going to build a state-of-the-art barracks at
par with international standards and complete with all the necessary facilities,” Naguiat said.
He said the Bloomberry Cultural Foundation Inc. of Solaire Resorts and Casino and
the Manila Bayshore Heritage Foundation
Inc. were helping in the project.
He said Resorts World Philippines has
also allocated P500 million to build computer laboratories in public schools.
Naguiat said Bloomberry also donated
P400 million for the construction of a hospital in hard-hit Tacloban City.
Mexican agents find 150 migrants
crammed into truck
MEXICO CITY — Mexican immigration agents say they have rescued
150 migrants who were packed into
the freight compartment of a truck
without adequate water.
The migrants are mainly from
Guatemala, El Salvador and Honduras. They told investigators they
paid smugglers between $1,750 and
$3,000 to be taken to the US border.
The National Immigration Institute
said Monday the migrants had been
in the truck for 14 hours without being given food or water. The institute
said some of the migrants were almost losing consciousness.
Four suspected Mexican migrant
traffickers were detained when the
truck was stopped in the north-central state
of Zacatecas.
Central American migrants have had to
find new routes to the US border since
Mexico began raiding a freight train they
used to ride.
Air passenger rights bill hurdles
House panel
The air passengers rights bill in the House
of Representatives hurdled the committee
level on Tuesday.
The House transportation committee approved the bill which lists down the rights
of passengers to full and truthful information on the contract of carriage, to fair
and reasonable fare and value of service
purchased, against any act of discrimination or vexation, and the right to safety, to
redress and compensation, among others.
Among the salient provisions of the bill is
the right to redress and compensation. Under the bill, passengers have the right to be
properly and expeditiously compensated
in case of delays or cancellation of flights.
The bill states that all passengers have
the right to be compensated for delayed
flights. Such compensation includes meals
and refreshments, free phone calls, text or
internet service and first aid, among others.
The delays which demand compensation
include terminal delay and tarmac delay.
The bill also enumerates the rights of
passengers of cancelled flights. The compensation includes meals and refreshment,
hotel accommodations near the airport,
transportation service between the airport
and the hotel accommodation, and free
telephone calls, text, fax messages or emails, among others.
Passengers whose flights were cancelled
because of the fault of the air carrier also
have the right to be reimbursed within five
days, by electronic bank transfer, bank orders, or bank checks, travel vouchers and
other services, of the full cost of the ticket
for the part of the journey not made.
IMMIGRATION
FIL-AM POST
M
PAGE 3
Sept 30, 2015 - Oct 6, 2015
Opportunities for a seaman to adjust status
any seamen who came to the United
States and married a U.S. citizen
spouse but could not adjust their status to
that of lawful permanent resident. The first
question to answer is:
Do they have
Sec. 245(i) eligibility? If they are the direct
or derivative beneficiary of a petition or labor certification dated April 30, 2001 or earlier and they have been in the U.S. since December 21, 2000, then they can adjust status.
However, if they have no Sec. 245(i) eligibility, then the other avenue is the latest
immigration procedure of PROVISIONAL
WAIVER. This provisional waiver will allow the following aliens who are married
to U.S. citizens to seek waiver of unlawful
presence and be able to go to their home
country to apply for green card. To qualify,
they must prove extreme hardship to the
U.S. citizen spouse or parents if their application for permanent residence is denied.
The beneficiaries of this provisional waiver
will include:
1. Seamen who entered the U.S. on a C or
D visa and overstayed their visa and are not
beneficiaries of Sec. 245(i).
2. Those who entered without inspection
and are not beneficiaries of Sec. 245(i)
3. Those who entered as Fiancée and did not
marry the visa petitioner.
4. Those aliens who have lost their passports
and have no proof of legal entry to the U.S.
Eligibility Requirements
To be eligible for a provisional unlawful
presence waiver you must fulfill ALL of the
following conditions:
1. Be 17 years of age or older.
2. Be an immediate relative of a U.S. citizen
(not a preference category immigrant who
has a visa available). An immediate relative
is an individual who is the spouse, child or
parent of a U.S. citizen.
3. Have an approved Form I-130 Petition or
Form I-360 Petition.
4. Have a pending immigrant visa case with
DOS for the approved immediate relative
petition and have paid the DOS immigrant
visa processing fee.
5. Be able to demonstrate that refusal of
your admission to the United States will
cause extreme hardship to your U.S. citizen
spouse or parent.
6. Be physically present in the United States
to file your application for By Atty. Crispin C. Lozano Office of Crispin C. Lozaa provisional unlawful
no has the experience and
presence waiver and provide biometrics.
expertise in helping clients apply for provi7. Not have been scheduled for an immi- sional waiver.
grant visa interview by DOS before January
3, 2013.
UCCESS STORIES
8. Meet all other requirements for the provisional unlawful presence waiver.
1. On August 27, 2015, we received an approval of naturalization for the recipient of
You are not eligible for a provisional unlaw- waiver of misrepresentation we litigated in
ful presence waiver if any of the following the Immigration Court.
conditions apply to you:
2. On August 19, 2015, we received an ap1. You are subject to one or more grounds proval of Immigrant Visa from the U.S Emof inadmissibility other than unlawful pres- bassy for a crewman who has approved Ience.
601A waiver.
2. DOS initially acted before January 3, 3. On August 11, 2015, we received an ap2013, to schedule your Immigrant Visa (IV) proval of Stay of Removal from the DHS for
interview for the approved immediate rela- parents of DACA recipients.
tive petition upon which your provisional 4. On August 3, 1015, we received an apunlawful presence waiver application is proval of I-751 for an alien in removal probased, even if your immigrant visa inter- ceedings.
view has been canceled, you failed to appear 5. On July 30, 2015, we received an approvfor the interview, or your interview was re- al of Fiancée visa based on same sex for an
scheduled on or after Jan. 3, 2013.
alien in the Philippines.
Note: The date and time that you are sched- 6. On July 24, 2015, we received an approvuled to appear for your immigrant visa in- al from the Immigration Court of waiver of
terview at the designated U.S. Embassy or misrepresentation for securing green card
Consulate is not the date USCIS will use to as single son but actually married. With
determine if you are eligible to file a Form the approval, alien now qualifies to apply to
I-601A. If DOS initially acted before Janu- naturalization.
ary 3, 2013, to schedule your immigrant visa 7. On June 22, 2015, we received an apinterview, you are not eligible to file a Form proval of I-601 waiver for a client who overI-601A, even if you failed to appear for your stayed in the U.S. for more than ten years
interview or if you or DOS cancelled or re- based on hardship to U.S. citizen spouse.
scheduled your interview for a date on or 8. On June 5, 2015, we received an approval
after January 3, 2013.
from U.S. Embassy Manila for an I-601A
Instead, you may file a Form I-601 Applica- waiver for two clients who first entered the
tion for waiver of Grounds of Inadmissibil- U.S. on a crewman visa.
ity from outside the United States after you 9. On May 22, 2015, we received an approvhave been interviewed for your immigrant al of I-751 waiver of joint petition based on
visa, and the consular officer has found that spousal abuse.
you are inadmissible for a ground that may 10. On May 18, 2015, we received an apbe waived.
proval of adjustment of status for a client
3. You are in removal proceedings that have based on marriage with big age gap between
not been administratively closed.
spouses.
4. At the time of filing, you are in removal 11. On May 6, 2015, we received an aproceedings that have been administratively proval of PROVISIONAL WAIVER for a
closed but have been placed back on the Mexican national in Ciudad Juarez based on
EOIR calendar to continue your removal petition by US citizen spouse.
proceedings.
12. On April 30, 2015, we received an ap5. You do not meet one or more of the re- proval from the Immigration Court of I-751
quirements, as outlined in the Form I-601A review based on spousal abuse.
and its instructions.
13. On April 20, 2015, we received an apNote: This is not a legal advice. The Law proval from USCIS of green card for a client
S
OPINION
Read the ‘lumad’ lips
Io tturns
u t
that on
Nov.
1 2 ,
2014,
at the
Tr i b a l
Hall in
Sitio
by Solita Collas-Monsod
Patil,
Barang a y
Gupitan, Kapalong, Davao del
Norte, 42 tribal leaders of the
Langilan Manobo tribe, including 23 datus, signed a resolution “declaring the New People’s Army (NPA) and its allied
Civil Society Organizations
(CSO) such that of (sic) Communist Party of the Philippines
(CPP), National Democratic
Front (NDF) and KaradyawanKapalong,
Karapatan-Davao,
Pasaka Regional Lumad Conference, Radyo ni Juan-Tagum and
Mindanao Interfaith Services
Foundation (MISFI) pas persona
non grata.”
There followed a long list of
10 “whereas-es,” delineating the
reasons for their stance, and a
two-page attachment which further described 24 willful violations by the NPA and the allied
CSOs of the six pillars of the
Langilan Manobo tribe’s principles (Indigenous Beliefs Practices, Indigenous Knowledge
and Education Practices, Customary Governance and Leadership, Traditional Economic
and Health, Customary Defense
and Security and Ancestral Territory).
Here are some of their grievances against the leftist groups:
The NPA “forcibly told” the
tribal elders that there are 10 sitios the NPA had already occupied, and the tribal leaders could
do nothing about it; when Datu
Bangu Bolyong put a boundary
between his people and the NPA,
the NPA told him that no one can
prevent them, because all the
mountains are theirs; the NPA
threatened the residents of Sitios Kapatagan, Tawngatok and
Patil with attacks—one in the
morning, one at lunch, and one
at dinner, respectively—if these
residents didn’t “okey us.”
In a description eerily reminiscent of what happened in Haran,
Davao City, the tribal leaders
cited an incident which happened in March 2014 in Davao
City, in which they accused the
NPA and CSOs of “exploiting
them to stage a demonstration or
rallies at Davao City without the
consent of the true and authentic
indigenous leadership in the indigenous people’s communities
where they came from.”
What these Langilan Manobo
tribal leaders said obviously fell
on deaf ears—unfortunately,
both the government’s and the
leftists’—because the Haran
incident happened, and the exploitation of the lumad continues
unabated. Read the lumad lips,
Reader. They don’t want the
NPA and their civil society allies to speak for them; they don’t
want the “help” of the NPA and
their civil society allies.
So why are the media full of
stories spun by these CSO allies
of the NPA, about how the lumad are suffering from military
heavy-handedness? If not military, then paramilitary supposedly organized by the military, so
they are one and the same. Why
is it that the leftist version is so
quickly adopted, and the lumad
version ignored?
And if we are to ask the lumad, who would they prefer to
go to bed with, the NPAs or the
military/government forces? If
they are to be made to choose,
it seems they would choose the
latter.
Here is the “United Stand of Talaingod Tribal Leaders” signed
in the Tribal Hall, JBL Complex,
Barangay Sto. Niño, Talaingod,
Davao del Norte, on May 4,
2015, by 52 datus, among others. They are another group of
lumad, but they have similar stories—that of exploitation by the
NPA and its civil society allies.
My analysis: The ancestral land of the lumad is prime
land—for logging and mining
activities. The NPA wants control of it, and so, of course, do
corporations interested in these
activities. They may or may not
be in collusion. But the NPA sees
the lumad as ripe for exploitation—and among the first things
it is tackling is the education of
the lumad. He who controls the
minds of the young will eventually control the community.
who used three names in her lifetime. We
submitted numerous documents to prove
proper identity.
14. On April 14, 2015, we received approval
of naturalization for a client who has three
DUI and a civil harassment case. The DUI
and civil harassment has all been cleared before.
15. On April 10, 2015, we received an approval of immigrant visa for a client who
originally confessed marriage is for immigration benefits only but later on had a serious relationship with petitioner.
16. On March 30, 2015, we received an approval from the Immigration Judge for a
waiver of misrepresentation involving marriage fraud that happened at the U.S. Embassy. The alien subsequently get a green card
from a petition by her mother. She could not
naturalize unless a waiver of misrepresentation is granted. With the waiver she is now
qualified for naturalization.
17. On March 10, 2015, we received an approval from USCIS for an adjustment of status for SAME SEX MARRIAGE.
18. On February 18, 2015, we received an
approval by USCIS of green card based on
self petition by an abused spouse. Her minor children are now qualified to immigrate
based on this approval.
19. On February 10, 2015, we received an
approval of green card for a client who entered without inspection. We first sought an
advance parole with USCIS so that she can
travel to her country legally and come back
to the U.S.
20. On January 20, 2015, we received an
approval of immigrant visa under the Provisional Waiver program for a seaman client.
She successfully arrived to the U.S. without
problem.
21. On January 7, 2015, we received an approval of adjustment of status from USCIS
for a client who entered without inspection
but reentered on a parole visa. Parole visa
became the basis of legal entry to allow for
adjustment of status.
Crispin Caday Lozano is an active member of the
State Bar of California, the American Immigration
Lawyers Association and the National Association of
Consumers Bankruptcy Attorneys. He specializes in
immigration law and bankruptcy law. ([email protected]/ 1-877-456-9266)
PAGE 4
Sept 30, 2015 - Oct 6, 2015
FIL-AM POST
FIL-AM POST
PAGE 5
Sept 30, 2015 - Oct 6, 2015
PAGE 6
Sept 30, 2015 - Oct 6, 2015
FINANCE CORNER
BANKRUPTCY
TAX Q & A
When may a bankruptcy
case be dismissed?
Bankruptcy and Tax Debt
nderstand
that filing
for bankruptcy
should be your
last
option.
The short- and
medium-term
implications of
bankruptcy are
severe, and they
can hinder even
by: Alvin C. Maglan, CPA
the simplest of
financial transactions (renting
an apartment or buying a car). So weigh all
your options before considering bankruptcy.
If you do decide to declare bankruptcy, your
two primary options are to file under Chapter
7 or Chapter 13. Chapter 7 bankruptcy discharges most of your debts. Under Chapter 13,
however, you’ll be responsible for completing
a three- to five-year payment plan to partially
repay your debts.
U
Be prepared to carry most of your tax debts
with you even after your bankruptcy is finalized. No matter which type of bankruptcy you
file, some tax debts cannot be cleared. These
debts will be unchanged if you file under
Chapter 7. Under Chapter 13, you’ll be given
the span of your repayment plan to repay these
“priority” tax debts.
Tax debts that cannot be cleared by bankruptcy
• Tax liens, or tax debts secured by your property.
• Property taxes payable within one year of
your bankruptcy filing. Older property tax
debts may be dischargeable.
• Taxes collected or withheld by a third party,
such as Medicare, withheld income taxes and
sales taxes.
• Certain employment taxes.
• Tax penalties accrued within three years prior
to your bankruptcy filing.
• Incorrect tax refunds.
Fully Dischargeable Tax Debt
There are certain debts you can fully discharge
in Chapter 7 or partially discharge in Chapter
13. The only tax debt typically in this category,
called non-priority debt in Chapter 13, is certain income tax debt.
To be completely or partially erased, income
tax debt must meet ALL of the following requirements:
• The corresponding tax return was due at least
three years prior to your bankruptcy filing.
• You filed the tax return at least two years prior
to your bankruptcy filing.
• The taxes were officially assessed by the IRS
at least 240 days prior to your bankruptcy filing.
• You did not commit fraud or intentionally
evade tax laws on your tax return.
Alvin Maglan is a CPA licensed in California. After working for SyCip, Gorres, Velayo
and Company, he emigrated to California and
had varied experiences as an audit manager of
a regional accounting firm, an internal auditor and controller of Dole, Inc., a fortune 500
company and three decades experiences as a
tax consultant for various individuals, professionals, small business firms, corporations,
partnerships, and other non-profit entities. You
may contact him @510 432 7438 for your tax
problems. You may e-mail tax questions @
[email protected].
(Cont. from page 1...CAYETANO, TRILLANES) They said they won’t be competing.)
But Villar said the NP was open to
endorse in next year’s polls.
support and endorse all three sena“Wish ni [former] Sen. [Manny] Villar, tors if they had to.
neutral na lang kasi mahirap pumili (Sen.
“Eh ‘di tutulungan lahat… Tutulong din…
Villar wishes it to be neutral because it’s ‘Pag naka-file na silang lahat para alam nadifficult to choose). Free zone,” Villar told min kung ano pag-uusapan namin. Hirap
reporters in an ambush interview.
din silang mag-decide for themselves,” she
“‘Pag free zone mas better, walang sama said, adding that the NP will hold a meetng loob sa’yo kasi wala ka namang kinam- ing soon not to talk about which candidate
pihan. Lalo naman kapag pumili ka, lalong to endorse but to lay down party rules and
magagalit ‘yung hindi mo pinili,” she added. guidelines.
(It’s better if it’s a free zone; there will be
(We will help them all… when they’ve
no grudges because you didn’t choose sides. filed their candidacy so that we all know
If you choose to support one, the others will what to talk about. They themselves find it
become disgruntled.)
difficult to decide for themselves.)
Villar said it was up to party members to
Cayetano on Tuesday announced that he
decide whom they will support in an indi- will run for vice president in 2016. Trillanes
vidual capacity.
also previously expressed intent that he will
“Siguro ‘yung mga members namin ma- run for the same position next year. Marcos,
mimili na lang sila, and then susuportahan meanwhile, is also tipped to seek higher
sila ng ibang partido, mga kaibigan nila,” post.
Villar said.
Saying that the vice presidential race will
(Our members will choose for themselves, be a “tight” one, Villar described her coland then they’ll be supported by another leagues and party mates as “unstoppable”
party, their friends.)
and “brave.”
“Sinong pipiliin mo? Mahirap mamili, pa“Hindi kayang pigilan. Matatapang. Siguro
rang may favoritism… Okay naman silang may tinatatago silang lakas. We’re known
lahat, it’s very hard to choose. Sabi naman for that… That means ang partido mo good
nila hindi sila mag-aaway eh,” she stressed. quality may mga kandidato. Matatapang
(Who will you choose? It’s hard to choose, kami; may fighting spirit. Trait nila yun eh:
it can come across as favoritism… All of matatapang at matitigas ang ulo,” the lady
them are great; it’s very hard to choose. senator said.
FIL-AM POST
hen you file for Chapter 7 bankruptcy, the goal is to discharge of
your debts. The worst-case scenario is
not only getting your case dismissed, but
having it dismissed for abuse.
The bankruptcy court can dismiss your
case if it finds that the granting of relief
would be an abuse of Chapter 7. The issue will usually come into play in your
bankruptcy case if you are required to
complete the means test because your
current median income exceeds the state
median for a household of your size. In
such case, abuse is presumed if your current monthly income over 5 years is more
than your state’s median income.
Once the presumption is found by the
bankruptcy judge, you can rebut it by
showing special circumstances that will
justify additional household expenses.
For example, let’s say your means test
shows that you have $600 left over each
month to repay your debts. Under normal
circumstances, this would be a problem
in Chapter 7 bankruptcy. But if you just
found out that you or your spouse is pregnant and there will be a baby in the house
in a few months that may qualify as special circumstances. Or take the same scenario but let’s say you’ve just lost your
well-paying job and had to take a huge
pay cut. Again, special circumstances
may exist to rebut the presumption of
abuse.
Q. When does a bankruptcy court consider a debtor’s Chapter 7 filing to be an
abuse of the bankruptcy process?
A. A bankruptcy court will look at whether the person filing the bankruptcy acted
in bad faith and the totality of circumstances surrounding the debtor’s financial situation. The court will scrutinize
all assets disclosed in your bankruptcy
schedules and statements. Oftentimes,
the court will examine not only your financials but also your lifestyle before
filing, during your bankruptcy case, and
after you have filed bankruptcy.
W
Q. What factors are considered as abusive behavior of debtor?
A. Among other factors, the following
are considered abusive behaviors before
and after bankruptcy filing:
1. Purchased and/or initiated a lease on a
luxury car 60 days before filing for bankruptcy filing;
2. Timed the filing right before a significant raise in income;
3. Had excessive withholding of their
Federal taxes and increased 401(k) contributions;
(Cont. from page 1...TRILLANES VOWS)
order.
Trillanes reiterated that the libel case against
him is simply a harassment case designed to
stop him from exposing anomalies involving
the Vice President.
“I still maintain na harassment case ito. This
[libel complaint] is meant to destruct me on my
investigation pero hindi ako made destruct sabi
ko nga lalu akong ginaganahan at next week,
magkakaroon kami ng hearing ulit tungkol kay
4. Transferred property and/or money
right before and after filing for bankruptcy;
5. Tried to hide cash from the bankruptcy
court; and
6. Spent a lot of money on non-essential
consumer purchases and restaurants.
Voluntary unemployment can be considered abusive, because debtor could pay
back some or all debts if employed.
Note: This is not a legal advice. You
should seek the advice of your attorney
about your specific case.
ankruptcy Basics
B
1. Debt settlement or debt consolidation
are expensive and not a guaranteed way
to reduce your debt because some creditors will sue you. It will take three years
to complete and your credit will become
worst during that period. In bankruptcy
the debts are discharged within three
months.
2. Bankruptcy will actually improve your
credit within one year because your unsecured debts are discharged. Although
the bankruptcy will be in your records for
10 years, not filing bankruptcy will make
your credit even worse until most your
debts are paid.
3. If you are being sued by your creditors,
most money judgment can be eliminated
in bankruptcy.
4. Collection actions continue and you
can be sued if you are in debt settlement.
5. Chapter 7 will eliminate all unsecured
debts. If you are near retirement age, you
must eliminate most of your debts.
6. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days
before, you can still file for bankruptcy.
7. If your salary is being garnished, you
have a court case about debts or you are
being harassed by creditors, bankruptcy
can stop garnishment, court cases, harassing creditors and eliminate the debt.
8. Bankruptcy is cheaper, faster and safer
than debt settlement which has no guaranteed success.
9. Preserve your health, eliminate stress
and live a happy life by eliminating your
debts which is the root of all problems.
Crispin Caday Lozano is an active member of the State Bar of California, the
American Immigration Lawyers Association and the National Association of
Consumers Bankruptcy Attorneys. He
specializes in immigration law and bankruptcy law. (1-877-456-9266. Email:
[email protected])
Vice President Binay,” Trillanes told reporters.
The hearing, he hinted, will tackle a new
anomaly allegedly involving the Vice President.
In the new anomaly, Trillanes said billions of
pesos were allegedly stolen and stashed away
using dummies.
“Marami kasi silang kalokohang ginawa doon
sa Makati kaya nahihirapan tayo. Next week
ipapakita nating kung gaano kakurakot si VP
Binay,” Trillanes, a staunch critic of VP Binay,
explained.
(Cont. from page 1...SUPPORTERS PLEDGE.) businessmen to Duterte is his firm
stand that no politician should bePiñol, a Duterte friend and supporter.
come beholden to interest groups.
No strings attached
That’s why, he said, the businessmen are
“There will be no strings attached. They not asking for anything in return for the
will not even allow their names to be pub- money they would be contributing to the
lished,” said Piñol, quoting businessman Duterte campaign—should the mayor fiBenigno Gopez, who speaks for the group. nally decide to run.
Peter Laviña, Duterte’s spokesperson,
“Do we want a President who is not betold the Inquirer he could confirm Piñol’s holden to anybody but only to the Filipino
claim.
people? AP4 believes we should do our
“Yes, I can confirm. Many well-meaning part,” he quoted Gopez as saying.
Filipinos rich and not rich are willing to
According to Piñol, Gopez had told him
financially support Duterte,” Laviña said.
that “many more are willing to contribute
He said it had always been volunteerism to Rody Duterte’s campaign kitty.”
that had fueled the campaign to convince
These businessmen, he said, did not even
Duterte to run for President.
have business transactions with any gov“In fact, the federalism campaign [that ernment agency.
Duterte has been running] the past year
Piñol said AP4 was also hopeful that the
was largely funded by volunteerism,” seed campaign fund would grow with the
Laviña said.
participation of patriotic Filipinos.
His own man
According to Piñol, what has drawn the
SHOWBIZ
FIL-AM POST
Kim Chiu reveals ex-boyfriend
cheated on her
MANILA, Philippines — “Etiquette for Mis- naman lingid sa kaalaman,” she added.
tresses” star Kim Chiu admits she was cheat“Oo, totoo ‘yung sinasabi nila nung iyak ka
ed on in the past.
nang iyak na, hindi, pagtatawanan mo lang
During her ap‘yan. Doon ako napearance on the
niwala na kaya pala
ABS-CBN late
pagtawanan. Katannight talk show
gahan pala ‘yung gi“Gandang
nawa mo,” Kim furGabi
Vice”
ther said.
aired Sunday,
“Hindi [ako naKim revealed
saktan]. It’s part
that she expeof growing up, the
rienced having
pain,” she said.
an
ex-boyThe 25-year-old acfriend cheat on
tress refused to conher.
firm if her revelation
“Nangyari na
pertained to Gerald
ba sa iyo ‘yun, n this Sept. 12, 2015 file photo, Kim Chiu attends the Anderson.
na nangaliwa 9th Star Magic Ball at the Makati Shangri-La Hotel
However, Kim said
ang boyfriend in Makati City. Philstar.com/Jonathan Asuncion
she only had one past
mo,”
Vice
relationship.
Ganda asked Kim.
Kim and Gerald, who met as contestants
The ABS-CBN star answered to the affirma- on the ABS-CBN reality show “Pinoy Big
tive.
Brother: Teen Edition” in 2006. The two re“Hindi naman natin mapagkakaila. Hindi portedly broke up in 2010. — Chuck Smith
Empress Schuck gives birth to
Baby Athalia
EMPRESS Schuck and non-showbiz boyfriend Vino Guingona are now proud parents to Baby Athalia.
The Kapuso actress gave birth on Sunday
afternoon at St. Luke’s Medical Center in
Quezon City.
“And she’s finally out!!! Say hi to my mini
me Athalia,” Schuck wrote on her Instagram account.
In April, the young actress confirmed that
she’s three
months
pregnant
with Guingona’s baby.
In a television interview, she
said
that
she
was
with
her
boyfriend, a
grandson of
former Vice
President
Te o f i s t o
Guingona
Jr.,
when
she got the
confirmation of her
pregnancy.
PAGE 7
Sept 30, 2015 - Oct 6, 2015
Kim Jones shares how she makes her
selfies look that good!
In the selfie universe, no one is
just another face in the crowd.
That is, if you can manage it
well. If your effort is not noticed, why bother?
Let’s face it, a selfie is an ego
trip, an indulgence, but who
cares?
Everyone’s in it.
So, here’s the catch, the selfie
universe has gotten so crowded, you have to make every
shot a masterpiece to stand out.
You see shots of people in
various locations, wearing different outfits, but they have the
same smile and same tilt of the
head.
That’s fine, maybe.
But not to Kim Jones, whose
selfies are picture perfect.
For her, the most important
requisite of a selfie is a “good
light.”
Check out her blog and Instagram account, you’ll know Kim Jones
what she means.
Cedric Lee faces arrest in P194-million tax
evasion case
The Court of Tax Appeals (CTA) has issued
a warrant of arrest against Cedric Lee and
his estranged wife Judy Gutierrez in connection with the tax evasion case filed by
the Department of Justice last July.
In a promulgation last
September 16, the CTA
has resolved that there
is “probable cause”
for Cedric and his estranged wife to be arrested.
According to ABSCBN’s report today,
September 28, the court
has set a P20,000-bail
bond for each accused
to be granted provisional liberty.
Cedric allegedly underdeclared the income of his company Izumo Contractors
Inc. from 2006 to 2009.
Cedric is the president of Izumo Contrac-
tors Inc., while his estranged wife is its
chief financial officer.
Aside from the tax evasion case, Cedric
is also facing a separate malversation and
graft raps in connection with an
alleged anomalous public market project in
Mariveles, Bulacan.
At the same
time, the businessman has an
ongoing serious
illegal detention
case filed by actor Vhong Navarro at the Taguig
Regional Trial Court.
Cedric was previously arrested and detained for the said case last April 2014, but
his bail petition had been granted by the
Taguig court after five months.
PAGE 8
Sept 30, 2015 - Oct 6, 2015
FIL-AM POST