If the partners in a business have come to the agreement that filing bankruptcy is the best option for the company financially, then there are two Chapters to file under. Chapter 7 and Chapter 11 bankruptcy are options for a partnership. Where Chapter 7 allows for trustees to sell of remaining assets for payable funds…
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Filing for bankruptcy as a sole proprietor? Chapter 11 may be the best option to save your business. When owning a small business, generally the sole owner has many of their assets tied into the business. For this reason, small businesses are allowed the ability to rearrange their debt in order to catch up on…
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It’s safe to say that most American investors stay within U.S. markets when it comes to their investing portfolio. While U.S. stocks are generally able to achieve a safe ROI in a lifetime of investing, it is always a smart idea to increase diversification of your wealth and you will likely see a greater return…
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The Global Times and the Los Angeles Times each ran stories late last week in relation to a large fraud case in Los Angeles involving Chinese investors in the EB-5 Regional Center Pilot Program. It is nice to see that the victims are beginning to pursue their remedies in court, but disappointing to see that…
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There are certain requirements for obtaining an EB-5 Visa as an avenue for immigration, one being that the investment must show that it is a driving force for job creation. The investor’s new commercial enterprise must be able to prove it has created at least 10 full-time positions for qualifying employees. Of course, under the…
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How to Address EB-5 Fraud if You Fall Victim If you suspect that you have become the victim of EB-5 Fraud, it is important for you to know your rights, and to create a strategy for addressing how you have been defrauded. As described earlier, the legal system in the United States is quite different…
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The Importance of U.S. Based Attorneys In the United States, attorneys may work on individual discrete issues for a client, but the best use of an attorney is as a counselor and advocate who understands and has a relationship with the client. Involving a U.S. based attorney early in the process can provide due diligence…
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A Better Way: Walking Alongside the Investor Start to Finish (Continued) This brings the post to the steps that EB-5 investors should take to protect themselves. The current model for immigrant investors is broken. EB-5 immigration lawyers should not be simple petition preparers or form generators. However, this is how they are used by the…
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A Better Way: Walking Alongside the Investor Start to Finish Having reviewed what types of fraud exist within EB-5, what causes the EB-5 Fraud to occur, and what systemic issues enable the fraud, this blog post now turns to a description of steps that can be taken to reduce the risk of falling victim to…
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Proposed Integrity Measures Are Only Partly Helpful: Only Change In How Investors Approach EB-5 Investments Can Alleviate EB-5 Fraud Recently, many anti-fraud and anti-money laundering reforms have been proposed and some implemented. USCIS, for example, has modified its staffing to include financial specialists to better track lawful source of funds, and has engaged more experienced…
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