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Thread: The first constitutions

  1. #41
    (Continued from previous post)
    United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction {such a familiar set of terms} over all cases arising under the bankruptcy code, (see 28 U.S.C. § 1334(a)), and bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters. The current system of bankruptcy courts was created by United States Congress in 1978, effective April 1, 1984.[1]

    The bankruptcy judges in each judicial district in regular active service constitute a "unit" of the applicable United States district court (see 28 U.S.C. § 151). The bankruptcy judge is appointed for a term of 14 years by the United States court of appeals for the circuit in which the applicable district is located (see 28 U.S.C. § 152).

    Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see 28 U.S.C. § 1334(a)). However, each such district court may, by order, "refer" bankruptcy matters to the bankruptcy court (see 28 U.S.C. § 157(a)). As a practical matter, most district courts have a standing "reference" order to that effect, so that all bankruptcy cases in that district are handled, at least initially, by the bankruptcy court. In unusual circumstances, a district court may in a particular case “withdraw the reference” (i.e., take the case or a particular proceeding within the case away from the bankruptcy court and decide the matter itself) under 28 U.S.C. § 157(d).
    Hmmm "original and exclusive jurisdiction" ...so very familiar.

    What Happened to the Virginia Side?

    From 1840 to 1846, Alexandrians petitioned Congress and the Virginia legislature to approve retrocession. On February 2, 1846, the Virginia General Assembly agreed to accept the retrocession of Alexandria if Congress approved.
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    Last edited by allodial; 08-26-15 at 07:25 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  2. #42
    Quote Originally Posted by shikamaru View Post
    To answer your question:

    Force, coercion, threat, duress, fraud, and sometimes by agreement

    Yes, all the above. But from my studies, they create an account for you. Actions of account are equitable. IMO, deny the account. Also, I am finding that the state (government) does not make a claim, they just file some BS paperwork and get a summary judgment. On a non-existent case.

  3. #43
    Quote Originally Posted by pumpkin View Post
    Yes, all the above. But from my studies, they create an account for you. Actions of account are equitable. IMO, deny the account. Also, I am finding that the state (government) does not make a claim, they just file some BS paperwork and get a summary judgment. On a non-existent case.
    Recall what an account at law is.
    An account, at law, is a chose in action or right to sue for recovery of a debt or obligation.

  4. #44
    An account, at law, is a chose in action or right to sue for recovery of a debt or obligation.

    Yes, and it is very restricted. Actually, you must be or have the qualities of a guardian, bailiff, or receiver. But they will come against you, with some papers showing an amount and some account numbers creating the presumption. I got a property tax bill with numbers all over it. I have no idea what they mean, but I am not a guardian, bailiff or receiver nor do I have any qualities of such. The IRS does the same thing, a bunch of numbers and some resembling amounts due and some indicating an account.

  5. #45
    Same model is pervasive: account owner or account holder is surety on the account. When they don't have enough credit/money on hand to satisfy the owner's liability they bill the owner then presume the owner is refusing to pay in dishonor if the bill is not paid or discharged timely.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  6. #46
    Quote Originally Posted by pumpkin View Post
    An account, at law, is a chose in action or right to sue for recovery of a debt or obligation.

    Yes, and it is very restricted. Actually, you must be or have the qualities of a guardian, bailiff, or receiver. But they will come against you, with some papers showing an amount and some account numbers creating the presumption. I got a property tax bill with numbers all over it. I have no idea what they mean, but I am not a guardian, bailiff or receiver nor do I have any qualities of such. The IRS does the same thing, a bunch of numbers and some resembling amounts due and some indicating an account.
    This just recently hit me.

    More important than the account is the record. More focus (and study) should be on the record.

  7. #47
    Quote Originally Posted by shikamaru View Post
    This just recently hit me.

    More important than the account is the record. More focus (and study) should be on the record.
    An account is an abstract term for a bundle of records. It may be that an account only ever consists of journals, transcripts, ledgers and associated papers (tied together under the same "record number" or "account number").
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  8. #48
    Quote Originally Posted by allodial View Post
    An account is an abstract term for a bundle of records. It may be that an account only ever consists of journals, transcripts, ledgers and associated papers (tied together under the same "record number" or "account number").
    Interesting....

    ... this reminded me of the term 'title' with its associated definition as a bundle of rights.

  9. #49
    The account is presumed. If it is examined by the court, it does not hold up as an account. You must have the qualities of a guardian, bailiff, or receiver, or you cannot be held to account. But an account can have 'amounts due' and account numbers. Here is a book discussing the subject:
    https://books.google.com/books?id=vK...ccount&f=false

  10. #50
    Quote Originally Posted by pumpkin View Post
    The account is presumed. If it is examined by the court, it does not hold up as an account. You must have the qualities of a guardian, bailiff, or receiver, or you cannot be held to account. But an account can have 'amounts due' and account numbers. Here is a book discussing the subject:
    https://books.google.com/books?id=vK...ccount&f=false
    You're talking in the framework of a typical court case. Account and record are pretty much synonymous. A monetary account such as those relating to banking or finance are simply records. The Court of the Exchequer (a court of equity?) is a financial/monetary court you could say. Perhaps also see merger of law and equity.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

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