Monday, March 31, 2008

Bisnis Portal

Bisnis Portal

Purpose and History of Bankruptcy in the United States

Posted: 30 Mar 2008 05:13 AM CDT

Bankruptcy is a declaration by a borrower of his or her inability to pay his or her debtors that balance that is owed. Companies can also declare it though it is usually declared by individuals whose debt has become overwhelming.

The main purpose of bankruptcy is to give a debtor a sort of fresh start by relieving him of most of his debts or to pay back his creditors what he can, though he might not be able to pay back everything. It usually allows people to be relieved of their legal obligation to repay most of their debts by submitting any non-exempt assets to a bankruptcy court so that the court can then distribute those assets among the accounts that are still owed money.
There are two forms declaring yourself bankrupt. The first kind is liquidation in which all of the person’s non-exempt assets are sold off in an attempt to settle debts with creditors. All of the other forms fall under the reorganization category, which is when the person or company is given an opportunity to restructure his or their assets and debts to better pay everything off. Typically creditors take a portion of the person’s income. Many businesses enter into reorganization to stay in an operating capacity.

In the United States, bankruptcies are under Federal jurisdiction by the Constitution as declared in article one, section eight of the Constitution. This article states that Congress can enact “uniform laws on the subject of bankruptcies throughout the United States.” The implementation of these laws, however, is found in statute law. These statutes are incorporated into the Bankruptcy Code which is found at Title Eleven of the United States Code and then is subject to state law in instances that the federal law is not sufficient to cover the circumstances of an individual’s case.

The United States requires all bankruptcy cases to be filed in the United States Bankruptcy Court, which is adjacent to the United States District Courts. These cases are very dependent upon individual state laws, especially when dealing with exemptions and claims. Because these cases are so dependent upon state law, bankruptcy is not usually recognized in more than one state at a time.

The United States has six types of bankruptcy:

Chapter Seven: liquidation for businesses and individuals Chapter Nine: municipal Chapter Eleven: reorganization and rehabilitation, usually used by businesses though it can also be used by individuals. Chapter Twelve: rehabilitation for fishermen and farmers Chapter Thirteen: rehabilitation that comes with a payment plan for people who have a regular income source Chapter Fifteen: for international and ancillary cases.

The most common chapters to be filed are chapter seven and chapter thirteen, and chapter thirteen is favorable to chapter seven in that an individual can keep his assets but is required to devote some of his income to the repayment of his debt, which is spread out over a period of three to five years. There are some who believe that bankruptcy does not actually benefit individuals and that credit counseling is better.
Posted by at No comments:

Saturday, March 29, 2008

Bisnis Portal

Bisnis Portal

Facts About Diamond Appraisals

Posted: 28 Mar 2008 05:14 AM CDT

If you are planning to invest in diamonds, you’ll need two things: (A) a thorough knowledge of diamonds, and (B) diamond appraisal services. The latter is particularly important in determining the value of and diamonds you are planning to purchase, and should be performed by a party that is independent of any diamond wholesalers with whom you are considering transactions.

This can be challenging, because the entire diamond industry is controlled by a handful of corporate entities throughout the world. It may take a bit of detective work, but the time and trouble taken to locate and secure independent diamond appraisal services can be well worth it when it comes to insuring the value of your investment in loose diamonds.

What Are “Loose Diamonds”?

Simply put, loose diamonds are just that - diamonds that have not been placed in a setting, such as a ring, bracelet, necklace or other type of jewelry. Investors and diamond dealers usually purchase these from diamond wholesalers, either as a hedge against inflation or for use in the manufacture of retail commercial jewelry.

Diamond Appraisal and Lab Analysis

These diamonds are cut and ready for mounting, and the quality of this cutting work can have a great effect on the value of such stones. A certificate from a gemology laboratory can provide a great deal of objective, quantifiable information about diamonds, including:

- carat (basically the weight and mass of the stone; a carat equals 1/5 of a gram) - grade (the overall quality of the stone in terms of color and clarity) - dimensions - quality of the cut and shape of the stone

Such a report, while important, does not necessarily determine the value of diamonds however.

In contrast to a lab report, a diamond appraisal determines the market value of the stones. Essentially, a diamond appraisal is required in order to place a dollar value on the stones, particularly for insurance and marketing purposes.

While the lab report contains information that remains constant, a diamond appraisal can change depending on numerous factors, not the least of which is market conditions. Due to currency fluctuation and exchange rates, diamonds may command a greater price in some parts of the world than others. Should stones be re-cut, this can also affect the value.

It’s a good idea to keep all of this in mind whether you are an investor or are among the diamond dealers seeking stones for commercial jewelry settings.

Avoiding Conflict of Interest

It may seem obvious, but it bears repeating: do not, under any circumstances, have your stoned appraised by the diamond wholesaler. While most are reputable and adhere to ethical standards, it is human nature for a merchant to place an elevated value on his own wares. An independent appraiser with nothing to gain but his own standard fee will provide much more reliable figures.
Posted by at No comments:
Subscribe to: Posts (Atom)