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Trillanes: I’ve witnesses
against 2MCA justices
VOL. 3 ISSUE 25
VIEW US ONLINE: WWW.FILAMPOST.COM
Sen. Antonio Trillanes IV on Monday alleged that Court of Appeals Justices Jose
Reyes Jr. (inset left) and Francisco Acosta received a P25-million bribe each to stop
the Office of the Ombudsman’s suspension of Makati Mayor Jejomar Erwin “Junjun” Binay Jr. on corruption charges. Trillanes photo from PDI file; Photos of Associate Justices Reyes and Acosta from ca.judiciary.gov.ph
Napoles gets life sentence
M
ANILA, Philippines– was rescued by National
“This is God’s jus- Bureau of Investigation
tice.”
agents, was “credible and
Benhur Luy sent this text cohesive.”
The court also asked Namessage to the Inquirer
poles
to pay P50,000 as an
after the Makati Regional
award
of civil indemnity to
Trial Court (RTC) on TuesLuy
who
“suffered anxiday found Janet Lim-Naety
and
fright
a result of
poles and her brother Rey- his detention”asand
another
nald “Jojo” Lim guilty of P50,000 for moral damillegally detaining him and ages.
sentenced them to life imNapoles also is facing
prisonment, or a jail term plunder charges in connecof up to 40 years.
tion with the alleged P10In a 26-page decision, billion racket involving the
RTC Branch 150 Judge diversion of congressional
Elmo Alameda said Luy’s Priority Development Asnarration of events before sistance Fund (PDAF), or
and during his detention pork barrel, to ghost projfrom Dec. 19, 2012, to ects and bogus nongovernMarch 22, 2013, when he ment
(Cont. on Page 6 )
ANILA,
Philippines–Sen. Antonio
Trillanes IV says evidence on alleged corruption in the judiciary is
forthcoming.
He said in a news conference Wednesday it
was up to his informants
to decide if they want to
turn their world upside
down and testify that two
Court of Appeals justices
allegedly received P25
million each in bribes to
stop the suspension of
Makati Mayor Jejomar
Erwin “Junjun” Binay Jr.
APR 16, 2015 - APR 22, 2015
The senator said he
might conduct an executive session to allow his
informants relay what
they know about the alleged payoff behind
closed doors, or have
them face individual senators privately.
As for the strength of his
evidence, he acknowledged that there were
usually no paper trail or
receipts in bribery, but
said he could cite the justices’ previous decisions.
(Cont. on Page 6 )
NBI: Magsino killing,
killer caught on CCTV
recorded the actual shooting of former Inquirer correspondent Melinda “Mei”
Magsino which is shown on
picture.
“The footage showed that
the suspect was waiting for
Magsino at a street corner
near her rented apartment,”
Calabarzon NBI head Constantino Joson said.
He said Magsino could be
seen in the CCTV as she
emerged from her rented
ANILA, Philippines– apartment and how she was
The National Bureau shot in the nape by a gunof Investigation has a copy man whose face was not
of closed-circuit televi- covered.
sion (CCTV) footage that Joson said (Cont. on Page 2 )
M
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Google Play Store.
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PAGE 2
Apr 16, 2015 - Apr 22, 2015
NEWS ROUND-UP
Abubakar Esmael is new BIFF chair
Abubakar Esmael is the new chair of Daily Inquirer. He did not name the politithe breakaway Moro rebel group, the cians.
Bangsamoro Islamic Freedom Fighters
He said the BIFF’s struggle for indepen(BIFF), after the death of its founding lead- dence would continue despite Kato’s death.
er, Ustadz Ameril Umra Kato, on Tuesday.
“The BIFF is now stronger than ever even
Officials
with our leader’s
of the BIFF
death and the arvoted for
rest of some our
Esmael as
colleagues,” he
Kato’s sucsaid.
cessor.
“We are just
Abu Mishere,
mergri Mama,
ing with the
speaking
Bangsamoro
for
the
people. We will
BIFF, said
continue
our
Esmael got
guerrilla attacks
a
unaniagainst the milimous vote
tary, just wait
from rank- Emeril Umra Kato (seated) is interviewed by the media in when we strike
ing BIFF Maguindanao in this 2011 photo. The new Bangsamoro Is- back,” he said in
officers.
lamic Freedom Fighters chair, Abubakar Esmael, is said to be Filipino.
Mama said the man wearing a BIFF shirt carrying an Armalite rifle near
The Armed
the voting Kato in many photos taken of the late BIFF founder.
Forces of the
was done
Philippines and
through a
the Moro Islamphone call because the BIFF leaders were ic Liberation Front now believe that the
far away from each other and could not set Bangsamoro Islamic Freedom Movement
a meeting in one place immediately. He (BIFM), the political organization founded
refused to name the BIFF officers who par- by Kato, and its armed wing, the BIFF, will
ticipated in the voting.
slowly break down after the death of Kato.
“He (Esmael) is very quiet, very Islamic
Ustadz Ameril Umra Kato died due to carand commands respect not only from our diac arrest in Guindulungan town in Magumembers but also from political leaders in indanao on Tuesday.
the province,” Mama told the Philippine
U.S. economy still on track for best
year since 2005
The U.S. economy should manage
growth of 3% or more in 2015 despite
a poor start to the year, the International
Monetary Fund said Tuesday.
Official data for the first quarter will
be released April 29, and forecasters
are marking down their numbers due to
weak spending by consumers and businesses.
The IMF cut its forecast for U.S. GDP
growth in 2015 to 3.1%, from 3.6% in
January. But that’s still much better than
2014, when the economy grew by 2.4%.
Low oil prices should begin to feed
through to consumer spending, the IMF
said, and even a gradual rise in interest
rates and the strong dollar shouldn’t prevent the U.S. from turning in its best performance since 2005.
“For the U.S. the strong dollar is good
but it slows down spending,” said Olivier
Blanchard, chief economist at the IMF.
“But the U.S. has the tools to respond
to it if the economy were to slow down.
They could ... increase interest rates later,
or may be able to use fiscal [stimulus].”
The flip side of a strong dollar is a weak
euro and yen, which have lost about 25%
and 10% of their value respectively since
the start of 2014. That should support the
tentative recoveries in Europe and Japan.
The IMF raised its forecast for eurozone
growth to 1.5%, compared with 1.2% in
January, and for Japan to 1%. Central
banks in both economies are pumping
vast quantities of cheap money into their
banking systems to stimulate demand.
At 3.5%, the IMF’s global growth projection is unchanged since its last update
and just a shade stronger than 2014. High
levels of debt -- public, household, or
corporate -- continue to act as a brake on
the world economy.
“Financial crises leave long scars,” said
Blanchard. “In most countries there is
one of these things that is not right, there
is a level of debt that is too high.”
Advanced economies will make up
for slower growth in most of the major
emerging markets.
China’s growth will slow to 6.8% from
7.4% last year. But India should power
ahead with growth of 7.5% in 2015, according to the IMF.
FIL-AM POST
SF Bay Area care home must pay
$101K in back wages to 14 workers
SAN FRANCISCO – A care home with
three assisted living facilities in Hayward,
across the bay from here, must fork over
$101,000 in back wages and damages to 14
caregivers for violating the fair labor law.
The Department of Labor Wage and Hour
Division found that the three Escueta Care
Home facilities at 1873 West Street, 1889
West Street and 23571 Ronald Lane, in
Hayward violated the Fair Labor Standards
Act.
The care home failed to pay time-and-onehalf for hours worked beyond 40 hours in
a workweek. Instead, Escueta Care Home
paid the caregivers straight time for all
their hours, in violation of the law.
Investigators from the Wage and Hour Division’s San Jose Area Office established
that 14 caregivers working at the three
different locations were owed $50,666 in
unpaid overtime wages and an additional
$50,666 in damages. Escueta Care Home
has agreed to pay all the back wages due
and the assessed damages.
“We continue to see widespread violations in an industry where unscrupulous
employers are cheating their workers of
their basic employment rights,” said Susana Blanco, the division’s district director
in San Francisco.
These employees, who provide care to the
most vulnerable, the elderly and the ill, deserve better. The Wage Hour Division will
continue to assist both employers and employees and will not hesitate to enforce the
workers’ rights to receive legally mandated compensation for all of the hours they
work,” Blanco added.
Sugar: Poison for Your Heart
When I was growing up, families ate
their meals together, dining on plates of
fresh food. Candy and sweets were doled
out only occasionally as a special treat.
Those days are gone. Today, people eat
desserts with almost every meal.
They also grab candy bars when they’re
hungry, and wash down most of their
food with sweetened soft drinks.
As a result, sugar consumption has gone
through the roof. And that’s a recipe for
disaster. Today, we’re fatter than ever before in this country, more of us are getting diabetes, and we’re grappling with an
ever-growing array of dangerous chronic
diseases.
What’s the culprit? For years, government health officials have pointed the finger at cholesterol and saturated fat, with
nary a word about sugar. This is about to
change. Government officials are preparing a report that will come down hard on
our country’s sugar consumption.
Three Ways Sugar Wrecks Your Heart
Simply put, sugar is a carbohydrate.
There are many different types of specialty sugars, such as those for baking, cooking, decorating, and other specific purposes. But all of them are basically different
forms of glucose, a substance that occurs
naturally in plants and fruits.
There is a well-rooted myth that refined
sugar — the kind you keep in your sugar
bowl — is the worst type, and that there
is something inherently better about raw
sugar, brown sugar, honey, molasses,
maple
syrup, and others.
But it’s not true. Sugar is sugar. And all
sugar is a source of empty calories.
The best that can be said for those other
forms of sugar is that you can safely use
them in smaller amounts. So if you want
something sweet, they are better than refined sugar. But watch your portions.
Sugar Damages Your Brain
Sugar harms not only your heart, it may
also be poison for your brain. Researchers are learning that sugar clouds thinking
not only in the short term, but in the long
term as well.
For instance, they found that people age
70 and older who consumed excess sugar
had four times the risk of developing mild
cognitive impairment, a precursor to dementia.
But those who ate a balanced, healthy
diet were at significantly lesser risk according to the study which was published
in the
Journal of Alzheimer’s Disease.
This leads, of course, to the big question:
Is sugar helping to fuel the Alzheimer’s
disease epidemic?
Unfortunately, we don’t know the answer yet. But there is reason for concern.
What if you just sprinkle a little sugar on
your cereal, or maybe add some to your
tea or coffee? What’s the harm in that?
Quite a lot, it turns out. -Dr. C. Crandall
(Cont. from page 1... NBI: MAGSINO)
that at this time they could still not establish the motive of the killing but he said
what is certain was the killer was a hired
gun.
Joson said the personal belongings of
Magsino were given to the NBI by her
family.
He said the NBI had interviewed witnesses of the shooting but most of them
declined to give an official statement.
Joson said Magsino’s family maintained
that she was killed because of her exposés
on alleged irregularities in the local government of Bauan town in Batangas rather
than the love triangle angle being floated
by people who could have something to do
with her death.
The NBI has started the forensic examination of the cell phone and laptop of Magsino, according to the bureau’s computer
division head.
“We are retrieving deleted messages and
calls for investigators to analyze the data,”
NBI-Cybercrime head agent Ronald Aguto
Jr. told the Inquirer.
Aguto said that based on the contents of
the cell phone and the laptop, investigators
could determine who could be the mastermind of the journalist’s death.
“It would give investigators an idea of her
activities that could provide leads,” Aguto
said.
At the Senate, Sen. Ralph Recto on
Wednesday urged the government to create
a fund for information that would lead to
the capture of the killers of Magsino, adding that he was donating P100,000 to the
fund.
Recto, who is married to Batangas Gov.
Vilma Santos, joined those who had condemned Magsino’s killing and called on
law enforcers to immediately bring justice
for her death. The government should also
end the impunity surrounding the killings
of journalists, he said.
Magsino, 40, was shot dead a few meters from her apartment in Batangas City
on Monday.
Police are looking at several possible motives for the killing.
WANTED
PARALEGAL
-One Year experience in Employment
Based Petition
-One Year experience in writing legal briefs
Salary commensurate with experience.
Send resume to:
[email protected]
IMMIGRATION
FIL-AM POST
PAGE 3
Apr 16, 2015 - Apr 22, 2015
Aliens in removal proceedings or has been deported
may qualify for DACA
O
n June 6, 2014, the U.S. Citizenship
and Immigration Services (USCIS) announced the renewal process for hundreds
of thousands of young non-citizens who received a grant of Deferred Action for Childhood Arrivals (DACA). Renewal of DACA
ensures current DACA holders will continue to be safe from deportation for another
two-year period. In addition, they will continue to have work authorization and to be
eligible to receive a social security number,
and, in nearly every state, a driver’s license.
Q. Does this process apply to me if I am
currently in removal proceedings, have a
final removal order, or have a voluntary departure order?
A. This process is open to any individual
who can demonstrate he or she meets the
guidelines for consideration, including
those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not
in immigration detention). If you are not in
immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit
your request to USCIS – not ICE – pursuant to the procedures outlined below. If you
are currently in immigration detention and
believe you meet the guidelines you should
not request consideration of deferred action
from USCIS but should identify yourself
to your detention officer or contact the ICE
Office of the Public Advocate through the
Office’s hotline at 1-888-351-4024.
Q: What is deferred action?
A: Deferred action is a discretionary determination to defer a removal action of an
individual as an act of prosecutorial discretion. For purposes of future inadmissibility
based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the
period in which deferred action is in effect.
An individual who has received deferred
action is authorized by DHS to be present
in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.
However, deferred action does not confer
lawful status upon an individual, nor does it
excuse any previous or subsequent periods
of unlawful presence.
Q: What is DACA?
A: On June 15, 2012, the Secretary of
Homeland Security announced that certain
people who came to the By Atty. Crispin C. Lozano bassy. The alien subseUnited States as children
quently get a green card
and meet several key guidelines may re- from a petition by her mother. She could
quest consideration of deferred action for a not naturalize unless a waiver of misrepreperiod of two years, subject to renewal, and sentation is granted. With the waiver she is
would then be eligible for work authoriza- now qualified for naturalization.
tion.
3. On March 10, 2015, we received an apIndividuals who can demonstrate through proval from USCIS for an adjustment of
verifiable documentation that they meet status for SAME SEX MARRIAGE.
these guidelines will be considered for de- 4. On February 18, 2015, we received an
ferred action. Determinations will be made approval by USCIS of green card based on
on a case-by-case basis under the DACA self petition by an abused spouse. Her miguidelines.
nor children are now qualified to immigrate
based on this approval.
Q
uestion: Is there an age requirement for DACA renewal?
nswer: No one with DACA will be too old to renew – indeed, as
previously explained, it is impossible to age-out of the DACA
program.
A
Q: Are all DACA recipients eligible to renew?
A: USCIS has made clear that individuals
who initially qualified for DACA will be
eligible to renew unless they engaged in
certain criminal activity, departed the country without the government’s permission, or
stopped residing in the United States.
Q: If the recipient has stopped going to
school, will he still be eligible for renewal?
A: Individuals enrolled in school at the time
of their initial application will not be disqualified if they had to stop attending to see
to other life responsibilities.
Q: Can those seeking DACA grant for the
first time still apply?
A: Despite the excitement around renewal,
the 1.15 million potential DACA applicants
who have not yet filed an initial application
should not mistakenly conclude that the
application period has ended. Indeed, the
agency continues to accept roughly 10,000
new applications each month. Initial registration remains open.
SUCCESS STORIES
1. 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.
2. 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. Em-
5. On February 10, 2015, we receive 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.
6. 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.
7. 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.
8. On January 5, 2015, we received two approvals of I-601A waiver under the Provisional Waiver Program.
9. On December 17, 2014, we received an
approval from USCIS of a green card under
the Violence against Women Act.
10. On December 16, 2014, we received an
approval of DACA
for an alien who
has a final order of
removal.
11. On December
11, 2014, we received an approval
of immigrant visa
for an alien who
entered the U.S.
as a seaman under
Provisional Waiver
Program.
OPINION
Is Mohagher Iqbal a Malaysian?
ow can you trust
Ferrrer drew snickers when she produced a peso bill
H
anybody
hiding bearing the signature of President Joseph Ejercito Esbehind an alias? Alias trada, which she said is an alias. And Senate President
Mohagher Iqbal refuses
to reveal his real name
to senators who would
have to pass the controversial Bangsamoro Basic Law. If the BBL is so
important to him, why
As I See It
doesn’t he show sinceriby Neal H. Cruz
ty and tell the truth about
his name to the senators?
If you are concluding
a contract with somebody, would you trust him if he
uses an alias?
Iqbal said that is his revolutionary nom de guerre for
security reasons. But how can the alias provide him
with security when everybody knows how he looks
like, considering that his pictures and video clips appear almost daily in newspapers and on television?
Some observers suspect the reason is that he is not really a Filipino but a Malaysian, and telling the senators
his real name would reveal that.
Iqbal said he carries a Filipino passport. If true, then
his real name must be on the passport because the government does not issue passports to people using an
alias and in fact goes to great lengths to determine the
passport holder’s identity. Since Iqbal will surely not
show his passport, why does the Senate not subpoena the records of the Department of Foreign Affairs,
where his true name should be?
What is shocking is that the two government representatives in the peace talks, Secretary Ging Deles
and Prof. Miriam Coronel-Ferrer, are helping Iqbal
hide his identity. Who are they really representing, the
Philippine government or the MILF?
Franklin Drilon said two senators, Jinggoy Estrada
(real name: Jose Pimentel Ejercito Jr.) and Bong Revilla (real name: Jose Marie Mortel Bautista) are using aliases.
But it is different with show biz people. It is standard practice among them to use names that would
be more attractive to moviegoers. They are known
by those names everywhere but they sign their true
names on documents. Unlike Iqbal, however, they
are not hiding their true identity. They just want their
screen names to be more attractive to fans. This is
true also with Hollywood stars. In the case of President Joseph Estrada, he just added Estrada to his real
surname of Ejercito, and he is known by that name
everywhere. In fact, he is better known by his nickname “Erap.” He is not hiding behind an alias.
Iqbal, on the other hand, is hiding his real name and
signs official documents with his alias. Which puts
in doubt the legality and validity of the documents
he signed because there is a law that prohibits signing official documents with an alias. And certainly,
using an alias in such an important document as the
Comprehensive Agreement on the Bangsamoro does
not inspire trust.
But that does not bother our peace negotiators Deles
and Ferrer. They should be the first to demand the
true identities of their counterparts in the MILF, but
they conspire to hide these identities instead. It turns
out that not only is Iqbal using an alias but most of
the MILF peace panelists and our representatives also
know it but did not do anything about it. Our representatives have revealed their true colors. They are
really on the side of the MILF. Isn’t it time that they
were replaced with others more trustworthy?
12. On October 7, 2014, we received an approval from the U.S. Embassy in Manila an
immigrant visa for a client who entered the
US without inspection under the Provisional Waiver Program.
13. On September 26, 2014, we received an
approval from the Immigration Court for
waiver of misrepresentation for a client who
entered as single but actually married at the
time of entry to the U.S.
14. On September 9, 2014, we received an
approval from Immigration Court of adjustment of status for a client who was previously denied an asylum.
15. On September 8, 2014, we received an
approval from USCIS of Form I-601A provisional waiver for two clients.
16. On September 5, 2014, we received
an approval from USCIS for Fiancée visa
based on same sex petition.
17. On September 4, 2014, we received
an approval of DACA for a client who has
problem in her birth certificate.
18. On August 28, 2014, we received an
approval of green card based on spousal
abuse.
19. On August 25, 2014, we received an
approval of green card based on same sex
marriage with big age difference.
20. On August 1, 2014, we received an
approval of waiver of joint filing of I-751
based on spousal abuse. With the approval
she was granted permanent residence.
21. On July 21. 2014, we received an approval of green card based on marriage that
was initially denied due to inconsistencies
in interview response.
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. He earned
his Juris Doctor at Western State University College of Law in
Fullerton, California. He is also a Certified Public Accountant,
a Real Estate Broker and a Bachelor of Business Administration
Cum Laude graduate. He has offices in San Francisco, Hayward,
San Jose, and Cerritos, California. You can contact him at 1-877456-9266. Email questions to [email protected]/. Visit
our website at www.crispinlozanolaw.com.
PAGE 4
Apr 16, 2015 - Apr 22, 2015
FIL-AM POST
FIL-AM POST
PAGE 5
Apr 16, 2015 - Apr 22, 2015
PAGE 6
Apr 16, 2015 - Apr 22, 2015
FINANCE CORNER
BANKRUPTCY
TAX Q & A
IRS FBAR Reference Guide
Part 1
T
he
Bank
Secrecy
Act
(BSA)
gave the Department
of
Treasury authority
to
collect inforby: Alvin C. Maglan, CPA
mation from
United States
persons who
have financial interests in or signature authority over financial accounts maintained
with financial institutions located outside
of the United States. This provision of the
BSA requires that a FinCEN Form 114,
Report of Foreign Bank and Financial Accounts (FBAR) be filed if the aggregate
maximum values of the foreign financial
accounts exceed $10,000 at any time during the calendar year. FinCEN Form 114
supersedes Treasury Form TD F 90-22.1
and is available online only through the
BSA E-Filing System.
In April, 2003, the Financial Crimes and
Enforcement Network (FinCEN) delegated enforcement authority regarding
the FBAR to the Internal Revenue Service
(IRS). The IRS is now responsible for:
- Investigating possible civil violations;
- Assessing and collecting civil penalties;
and
- Issuing administrative rulings.
Purpose of the FBAR
Overseas financial accounts are maintained
by U.S. persons for a variety of legitimate
reasons, including convenience and access.
The FBAR is required because foreign financial institutions may not be subject to
the same reporting requirements as domestic financial institutions. The FBAR is also
a tool used by the United States government to identify persons who may be using
foreign financial accounts to circumvent
United States law. Information contained
in FBARs can be used to identify or trace
funds used for illicit purposes or to identify
unreported income maintained or generated abroad.
Who Must File the FBAR?
A United States person must file an FBAR
if that person has a financial interest in
or signature authority over any financial
account(s) outside of the United States
and the aggregate maximum value of the
account(s) exceeds $10,000 at any time
during the calendar year.
Who is a United States Person?
A “United States person” means:
- A citizen or resident of the United States;
- An entity created or organized in the
United States or under the laws of the United States. The term “entity” includes but is
not limited to, a corporation, partnership,
and limited liability company;
- A trust formed under the laws of the United States; or
- An estate formed under the laws of the
United States.
Disregarded Entities: Entities that are
United States persons and are disregarded
for tax purposes may be required to file an
FBAR. The federal tax treatment of an entity does not affect the entity’s requirement
to file an FBAR. FBARs are required under a Bank Secrecy Act provision of Title
31 and not under any provisions of the Internal Revenue Code.
Financial account includes the following
types of accounts:
- Bank accounts such as savings accounts,
checking accounts, and time deposits,
- Securities accounts such as brokerage accounts and securities derivatives or other
financial instruments accounts,
- Commodity futures or options accounts,
- Insurance policies with a cash value (such
as a whole life insurance policy),
- Mutual funds or similar pooled funds
(i.e., a fund that is available to the general
public with a regular net asset value determination and regular redemptions),
- Any other accounts maintained in a foreign financial institution or with a person
performing the services of a financial institution.
This article will be continued on the next
issue.
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].
FIL-AM POST
Can creditors go after your Social
Security Income in bankruptcy?
f you file for Chapter 7 bankruptcy, your there are legal complications involved.
Iempt,
ongoing social security income are exuestion: What are exempt and nonwhich means you keep them. Social Qexempt properties?
security payments you received before you
nswer: Exempt property is property
file for bankruptcy are also exempt, with
one important exception. If you comingled
(mixed) the social security money with
other money, you may lose the exemption.
Income from the Social Security is protected and is not included in the Means
Test calculation to qualify for bankruptcy.
The Ninth Circuit held that “Congress’s
adoption of the BAPCPA forecloses a
court’s consideration of a debtor’s Social
Security income or a debtor’s payments
to secured creditors as part of the inquiry
into good faith under 11 U.S.C. § 1325(a).”
Drummond v. Welsh (In re Welsh), No. 1260009 (9th Cir. March 25, 2013). Thus,
the court in Suttice was “persuaded that
Congress intended social security benefits
to be protected from inclusion in a § 707(b)
(3)(B) analysis, based upon § 407(a) of the
Social Security Act and as shown by the
Debtors’ social security income being definitively excluded from the means test of
§ 707(b)(2).” Therefore, while the means
test was not found to have supplanted the
totality of circumstance test, social security income could not be considered under
the analysis.
uestion: How much property can I
keep if I file bankruptcy?
nswer: Most personal properties are
exempt from being taken by the creditors if you filebankruptcy. This includes
retirement accounts and social security income.
If you are filing Chapter 13 bankruptcy,
you keep everything because you are repaying your debts. This includes your
house and vehicle if you can keep up with
the payments. In a Chapter 7 bankruptcy, most of your assets may be protected
through the California bankruptcy exemptions.
uestion: What would happen to my
personal property during bankruptcy
process?
nswer: Most personal property such
as cash, bank accounts, furniture,
clothes, and retirement plans can be protected by exemptions allowed by each
state. Most people that file bankruptcy are
allowed to keep most, if not all, of their
personal property.
uestion: How could I determine which
exemptions apply to protect my assets?
nswer: To determine which exemptions apply to your property it is best
to consult a bankruptcy attorney because
Q
A
Q
A
Q
A
A
that someone can keep if he filed for
bankruptcy. Non-exempt property is what
can be seized and sold by creditors or the
bankruptcy trustee to pay debts that are
owed by the person filing bankruptcy.
uestion: Can I give up or surrender my
house and car in bankruptcy if I don’t
want to keep it?
nswer: You can surrender your house
and car in either a Chapter 7 bankruptcy or Chapter 13 bankruptcy if you can no
longer afford to make payments. If you are
in a Chapter 13 bankruptcy, surrendering
your house and car will not automatically
lower your Chapter 13 bankruptcy payments. You should contact your attorney to
discuss what options are available to you.
Q
A
ankruptcy Basics
B
1.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.
2.If you are being sued by your creditors,
most money judgment can be eliminated in
bankruptcy.
3. Collection actions continue and you can
be sued if you are in debt settlement.
4. Chapter 7 will eliminate all unsecured
debts. If you are near retirement age, you
must eliminate most of your debts.
5. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days
before, you can still file for bankruptcy.
6. 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.
7. Bankruptcy is cheaper, faster and safer
than debt settlement which has no guaranteed success.
8. 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: crispinlozano@
gmail.com/. )
(Cont. from page 1... TRILLANES: I’VE WITNESSED) turning their backs on their
old world,” he said.
We can show the pattern of behavior, the
The Binay camp disTROs, the frequency, the flip-flopping de- missed Trillanes’ claims as nothing more
cisions, we will show all these. We will than “political striptease.”
comb through their previous decisions,”
A day after he filed a resolution calling on
Trillanes said.
the Senate to investigate Reyes and Acosta,
But Trillanes stressed that the previous Trillanes said that he had “validated” the
rulings of Justices Jose Reyes Jr. and Fran- information given to him—that the two
cisco Acosta of the CA’s three-member justices each received P20 million for the
Sixth Division could establish a pattern of CA’s decision to issue a temporary restrainwrongful behavior even if his witnesses ing order (TRO) on the 60-day suspension
order of the Office of the Ombudsman on
decide not to reveal their identities.
“Ultimately, it’s their decision because it Binay while it conducts an investigation
could change their lives. We will provide into allegations in the overpriced Makati
them with all the protection that is needed. City Hall Building II.
The resolution, likewise, said both Reyes
But still, it’s their lives, especially if they
live in that world. If you take them out, and Acosta received additional bribes of
where will they go?” he said in an inter- P5 million each when they subsequently
issued an injunction against the Ombudsview with reporters.
Asked if his sources’ main concern was man, the Department of Justice and the
retaliation from the Binay camp, he said Department of the Interior and Local Govthis was just part of it. “After that, their ernment for refusing to recognize the CA’s
world would be changed. They would be TRO.
(Cont. from page 1... NAPOLES GETS)
organizations (NGOs).
Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. are detained
for their alleged involvement in the PDAF
scam.
Napoles, who came to the courtroom under heavy guard, held hands with her lawyer, Bruce Rivera, as the decision was read.
At times she was seen conversing with her
lawyer. She showed no emotion upon hearing the guilty verdict.
Rivera later told reporters that he “kind of
expected” the decision. “We weren’t surprised because we felt that this is not an
ordinary case,” he said, noting that there
was “public interest” involved. He said he
planned to appeal the decision.
In August 2013, Luy accused Napoles, a
cousin, and her brother of illegally detaining him at Bahay ni San Jose and at the
South Garden Pacific Towers in Taguig
City, a Catholic retreat house in Magallanes
Village, Makati City, after they reportedly
found out that Luy was having separate
business transactions allegedly involving
the PDAF.
Napoles claimed that Luy had volunteered
to go on a three-month spiritual retreat and
that he was not detained against his will.
Alameda said in his decision that the prosecution was able to establish that Luy was
illegally held captive for three months.
SHOWBIZ
FIL-AM POST
Marian Rivera is pregnant
My husband admitted he once had
an affair—Vilma Santos
Batangas Governor Vilma Santos-Recto
revealed on Monday her husband, Senator
Ralph Recto, once had an affair with another
woman.
Santos-Recto, in an interview on Winnie
Monsod’s “Bawal ang Pasaway” aired Monday night on GMA News TV, said the senator admitted to her about his infidelity.
“Tinanong ko, totoo ba itong ganyan-gan-
yan?’ Sabi niya, ‘Totoo,’ (I asked him, ‘is it
true?’ And he said it was true),” she said.
Santos-Recto said they had an agreement
that if such problem ensued, Senator Recto
should just admit about his pecadillo rather
than her discovering it from other people.
Santos-Recto said she has forgiven her husband, who she revealed was crying when he
said sorry to her.
“O, sige. Next time, be careful. I told him,”
said Santos-Recto. She said she told him being married to a show-biz personality like
her, people would easily recognize if he’s
dating another woman and the news would
easily spread and reach her. “I’d know it at
once,” she said.
When asked about the possibility of her
husband siring an illegitimate child, SantosRecto said there could be none.
“Siguro naman kung mayroon, lumabas na
iyon, ‘di ba? (I think if there’s one, he or she
should have come out in the open already,
right?)” Santos-Recto told Monsod.
Santos-Recto also recounted Recto was
only 21 years old when they met.
Breakup of Gerald Anderson
and Maja Salvador
MANILA, Philippines – Actor Gerald
Anderson spoke to reporters about his relationship with Maja Salvador at a press
conference for his new show Nathaniel.
“We are taking a break muna sa relationship namin,” he said, as reported by Pep.
“Okay kami
(We are okay),
we are on very
good
terms
and nag-uusap
kami together.
We’re taking
this step together.”
The actor
thanked
his
fans for the
support, but at
the same time
asked for privacy regarding this matter.
“I just wanna
say thank you
sa fans namin
(to our fans)
who were always there – sa
friends, family
namin. All we
ask right now is please respect our privacy,
and please respect her [Maja].”
He also specified that he didn’t want to
divulge any more details other than what
PAGE 7
Apr 16, 2015 - Apr 22, 2015
he said.
In the Tuesday, April 14 episode of Aquino and Abunda Tonight, host Boy Abunda
revealed that the couple have been broken
up for two months now, but decided to
keep mum out of respect.
“Gerald, if you’re watching, I just want you to
know na ginagalang namin kayo, minahal namin
kayo kasi alam namin na
magkahiwalay kayo ni
Maja mga 7 weeks, almost
two months na.”
(Gerald, if you’re watching, I just want you to
know that we respect you
and we love you because
we know that you and
Maja have been broken up
for 7 weeks – almost two
months now.)
Boy also said that whenever Maja wants to tell her
side of the story, the show
will welcome her with
open arms.
Breakup rumors surfaced
when the two reportedly
went on separate vacations
during the Holy Week season. Maja was in Bali with friends, while
Gerald was in Subic with friend and fellow
actor Rayver Cruz, according to a recent
report.
MANILA, Philippines – After days of
being mum about the issue, Marian Rivera
and Dingdong Dantes finally confirmed
that they are having a baby.
The couple announced the news in an
interview with on GMA-7’s news program
“24 Oras” on Monday.
“Gusto namin sabi na nagbunga yung
aming pagmamahalan at nabiyayaan kami
ng Panginoon ng isa sa pinakamagandang
regalo na pwedeng ibigay and that’s the
gift of life,” Dingdong said.
“Yun din ang isa sa mga dahilan kaya
kami nagpursiging magpakasal; it’s too really build a family. And alam naman natin
an ang pagkakaroon ng anak ay isa sa mga
mahahalagang bagay para magkaroon ng
isang pamilya,” he said
Dingdong added, “So magmula
noon, pinagdasal namin na kung
ibigay sa amin, ibibigay po sa tamang
panahon.”
Asked if they would want a girl or
a boy for their first born, Dingdong
said: “With regards to the gender,
kumbaga one step at a time.”
“Ngayon, nagpapasalamat kami na
may biyaya kami ng isang buhay. So
siguro okay na kami kahit anong ibigay sa amin,” he further said.
“Tuwing maguusap kami, parang
sobrang emotional ko. Isa ito sa mga
pangarap ko na gusto kong mangyari
sa buhay ko, ang maging isang mommy. So ibinigay siya sa amin,” Marian
said.
The GMA-7 actor also confirmed
the news in a post on his Instagram
account.
“We are extremely grateful because
the greatest gift called life has already
been bestowed upon us by God. In behalf of my wife, and our coming baby, we
thank all those who prayed for, and with
us. Faith really has its way of fulfilling
lifelong dreams,” he said.
Speculations that Marian is pregnant
surfaced last week following the actress
posted a photo of San Agustin Church with
the caption, “Thank you Lord.” Fans of the
GMA-7 star took it as a confirmation of
her pregnancy.
Marian and Dingdong tied the knot
last December. In previous interviews after their wedding, the actress
admitted being ready to having a
baby.
Empress Schuck confirms
she is pregnant
MANILA, Philippines – Actress Empress Schuck confirmed her pregnancy
on the April 11 episode of Startalk.
“Kasama ko yung boyfriend ko nun.
Tapos may feeling na talaga ako. So I
took a test, so ayun. Nalaman namin
na magkakababy na kami.” she said.
(I was with my boyfriend that time,
and I already had a feeling [that I was
pregnant]. So I took the [pregnancy]
test, and there. We knew that we were
going to have a baby.)
She also opened up about her boyfriend. “His name is Vino. He’s a family friend, non-showbiz. We’ve been
together for a year now.”
Empress is 3 months pregnant.
Rumors about her pregnancy have
already been circulating, with social
media users commenting on the issue
on Empress’ various Instagram posts.
Empress Schuck and her boyfriend Vno Guingona
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Apr 16, 2015 - Apr 22, 2015
FIL-AM POST