The Declaration of Bankruptcy as a Legal Way Research Proposal

The Declaration of Bankruptcy as a Legal Way - Research Proposal Example Most bankruptcies would not only involve one creditor but many. Debts are usually classified as secured and unsecured (Bankruptcy Alberta, n.d.). Secured debts originate from valuable assets that come with a security agreement allowing a creditor to take back the assets if a debtor fails to pay or abide by the terms of the agreement with the creditor. Car leases, home mortgages, rent-to-own, and other installment purchase contracts are examples of secured debts. The assets such as the car or house in these contracts are given up as collateral if the debtor is unable to pay. The second type of debts is unsecured debt. This type of debt includes credit cards, overdrafts and the general day-to-day bills that people pay on a regular basis. These debts are often referred to as trade debts. For secured debts, when a debtor is declared bankrupt, the creditor cannot make him pay and his chance to take back the assets from the debtor is very limited. For unsecured debts, the creditors cannot force a debtor who is declared bankrupt to pay regular bills. Unsecured contracts are terminated by a bankruptcy. If a debtor receives a discharge from bankruptcy, the creditor’s right to collect no longer exists. Several laws including the Bankruptcy Code enacted in 1978 govern all bankruptcy cases. The primary goal of these laws is to give debtors a financial fresh start from burdensome debt. It allows the debtor to start anew, uninhibited by the pressures and discouragements of preexisting debts. The goal to cancel debts is accomplished by a bankruptcy discharge. It is a publication that basically releases the debtor from being liable for specific debts and forbids the creditor to take any action against the debtor to collect those debts. The bankruptcy discharge is in a question-and-answer format. It seeks to provide information regarding the timing of the discharge—which of the debts are discharged and which are not, any objections to the discharge and how the dis charge can be revoked. It also includes the actions a debtor can take in the case that the creditor still collects a discharged debt after the bankruptcy is concluded. There are other parties involved in the bankruptcy. Filing bankruptcy cannot be easily done by any person who wishes to be relieved of debts. He must first be qualified to be declared bankrupt. The party responsible for this is the bankruptcy judge, who functions as a judicial officer. He decides whether or not a debtor is eligible for bankruptcy and whether or not he should be should be discharged of his debts. More often than not, the bankruptcy process is conducted away from the courthouse because it is administrative. In some cases, another party, the trustee is appointed to oversee the case. The trustee is appointed through the United States Trustee Program of the Department of Justice. He administers the bankruptcy and represents the interests of the bankruptcy estate (Shoemaker & Dart, P.S., 2010). By far, ther e had been many types of bankruptcies but generally, there are three main types. The types of bankruptcies are named after the chapters in which they appear in the Bankruptcy Code. In most resources, these three types of bankruptcies are considered the main types: Chapter 7, Chapter 11, and Chapter 13. Chapter 7 type of bankruptcy is entitled Liquidation. It is sometimes. This involves the sale for cash of nonexempt property (includes such assets as bank accounts, stocks, and bonds) and the

Ethics study case Essay Example | Topics and Well Written Essays - 1000 words

Ethics study case - Essay Example The case illustrates two applicable facts into principle of beneficence; the employer’s act not to remove or cover the asbestos rich cables threatens harm on the employees’ lives while an act of whistle blowing threatens the organization’s corporate image and legal liability. Confidentiality is another applicable principle to the case and defines the obligation to maintain privacy of a person or institution’s sensitive information and whistle blowing puts the principle at stake. Lawfulness, another applicable ethical principle, defines the knowledge of laws and their implementation and applies to the organization that should be aware of and uphold health and safety laws and yet ignores the rules. The organization’s failure to remove or cover asbestos pipes is wrong because it contravenes principles of beneficence and lawfulness. The conflict is prioritization of the interest to safeguard the job, employees’ lives, and the organization and it affects the department’s employees at individual level, their families and the society at group level, and also the organization (Pfeiffer and Forsberg 15- 19). Options in resolving the problem from different ethical perspectives Utilitarianism defines ethics from an act’s consequence. ... re to asbestos, effects of the diseases on the employees such as death and incapacitation, and consequences on families and the society would however be more harmful than the company’s financial loss in lawsuits and from poor corporate image. This is because loss of lives or body parts is more significant than financial losses that the company may incur. This justifies ethics in whistle bowing. The scope of deontology ethics that is based on rules and obligations also justifies whistle blowing that is supported by established laws on health and safety at the work place. This is because the organization has decided to operate contrary to the rules that establish its duty to ensure a safe work environment. The general obligation to ensure safety of other members of the society also justifies whistle blowing in the case. Virtue ethics, with its basis on character such as respect of people’s lives and welfare and integrity also identifies whistle blowing as the solution tow ards protecting the employees’ lives by justifying an employee’s integrity and strong personality in raising the red flag (Brooks and Dunn 182- 188). My perceived solution My perceived solution to the case is to expose the condition to relevant agencies for appropriate measures. This would involve a formal communication to the organization’s management of intentions to seek external interventions towards protecting employees’ welfare. I would then write to both the State Department of Health and the Environmental Protection Agency to inform them of the asbestos exposure at the workplace and the organization’s position against removing or covering the asbestos cables. I would then submit a copy of each letter to the organization’s management before remittance to the agencies. The proposed

Hemoglobinopathy for Malaria Protection

Hemoglobinopathy for Malaria Protection Redcells and  anaemia:  What  evidence exists to  support  the hypothesis that  haemoglobinopathies confer protection against  malaria? Introduction Haemoglobinopathies can be divided into two areas, abnormal haemoglobin synthesis and decreased haemoglobin synthesis. Abnormal haemoglobin synthesis is usually a result of genetic defects, caused by amino acid substitutions in the ÃŽÂ ± or ÃŽÂ ² chains of the haemoglobin molecule. Decreased haemoglobin synthesis is also caused by genetic disorders and arise from gene deletions of either ÃŽÂ ± or ÃŽÂ ² globin chains. This group of diseases is called thalassemia. Malaria is a parasite infection caused by the Plasmodium genus. There are 4 types that affect humans, Plasmodium falciparum (P. falciparam), Plasmodium vivax (P. vivax), Plasmodium malariae (P. malariae) and Plasmodium ovale (P. ovale). The most common form is P. falciparam, which is responsible for 80% of all cases and 90% of deaths. Malaria affects between 300-500 million people each year and is prevalent in tropical areas where mosquitoes act as vectors for the parasite. Hence, much of research undertaken to date focuses primarily on P. falciparam infection. Upon entering the body the Plasmodium parasite migrates to the liver. After multiplication, they are released into the blood as merozoites. The merozoites then bind to and enter the red blood cell. The hypothesis that haemoglobin disorders confer protection against malaria can be evaluated by reviewing the evidence in support of malarial protection. However, evidence showing that these disorders do not confer protection should not be ignored. Sickle cell disease The protective effect of Sickle cell disease (SCD) against malaria was first described over 60 years ago (Beet, 1946). SCD is an inherited disease, caused by the production of abnormal haemoglobin, HbS. The gene for sickle haemoglobin (HbS) substitutes valine for glutamic acid at the sixth position from the amino terminus of the ÃŽÂ ² chain (Serjeant). Under low oxygen tension, the HbS polymerises resulting in sickling of the red blood cell (haem mal 4). Homozygous individuals for HbS carry the genotype HbSS, inheriting abnormal genes for ÃŽÂ ²-globin from both parents. Without adequate treatment, this form of the disease is fatal in early life. However, heterozygous individuals who inherit one abnormal and one normal ÃŽÂ ²-globin gene are asymptomatic and carry the genotype HbAS. This genotype is known as Sickle cell trait, which various studies claim confers protection against malaria (Allison, 1964, Freidman, 1978) ( ref 1011, haem mal4). The mechanism by which HbAS prevents malaria is unclear and is an area that requires greater research. However, there have been many suggested mechanisms over the years. These mechanisms involve the interactions between red blood cells and parasites, without excluding the role of the immune system. A study conducted by Cholera 2008 examined the role of cytoadherence of parasite and red blood cells. The findings showed that parasite infected HbAS red blood cells showed reduced binding capability to endothelial cells and blood monocytes when compared to parasitized normal Hb red blood cells. This impairment caused by HbAS is caused by a reduced expression of P. falciparam erythrocyte membrane protein 1 (PfEMP1), responsible for cytoadherence of infected red blood cells to critical tissues such as the brain. The role of the immune system in resisting parasite infection has also been explored. Increased phagocytosis of infected HbAS erythrocytes in comparison with normal infected erythrocytes was observed ( ref smith et al 2002, akide et al 2003, Roberts Williams 2003 etc Haem mal). Further evidence showing the central role of the immune system has been illustrated by increased protection with age, strengthening the importance of immunological responses to parasite infection. Other mechanisms include the inhibition of parasite growth within erythrocytes by HbS polymerisation caused by low oxygen tension ( Haem mal). Haemoglobin C Haemoglobin C is found in west Africa, and in its homozygous state, referred to as HbCC, causes haemolysis and splenomegaly. Heterozygotes are asymptomatic and display the genotype HbAC. Haemoglobin C arises from a point mutation where glutamate is replaced by lysine at the sixth position of the ÃŽÂ ²-globin chain.   Acquired immunity against P. falciparum was reported in HbC and HbS due to abnormal display of PfEMP1 (Verra et al, 2007). However, studies on HbC malarial protection have produced contradictory results. Some studies claimed homozygous HbCC individuals were protected from developing severe malaria(haem mal) and were also at a reduced risk of malarial infections (modiano et al, 2001, haem mal). ÃŽÂ ±-Thalassemia ÃŽÂ ±-thalassemia is caused by decreased synthesis of ÃŽÂ ±-globin. It is caused by deletion of ÃŽÂ ±-globin genes on chromosome 16 (Yuthavong Wilairat 1993, haem mal). ÃŽÂ ±-thalassemia results in mild anaemia, and lower levels of haemoglobin in red blood cells. Population genetics have shown ÃŽÂ ±-thalassemia to protect against malaria, but similar to SCD, there is no consensus on the mechanism of action. Studies have shown ÃŽÂ ±-thalassemia protects against severe and fatal malaria, whereas parasiteamia is unaffected (72-78, haem mal 3). A reduction in complement receptor 1 (CR1) expression caused by ÃŽÂ ±-thalassemia has been proposed as a possible mechanism of protection. CR1   deficient erythrocytes reduce rosetting of cells, which is associated with severe malaria ( Cockburn 2004). This rosetting of cells mediated by CR1 can potentially obstruct capillaries (Stoute, 2011). ÃŽÂ ²-Thalassemia ÃŽÂ ²-thalassemia results in either no or little ÃŽÂ ²-globin production, caused by mutations on chromosome 11. Heterozygotes experience mild anaemia and ineffective erythropoiesis whereas homozygotes suffer from severe anaemia and leads to death without proper treatment (Weatherall,2000, haem mal). Protection in early life from malaria was seen in ÃŽÂ ²-thalassemia carriers as a result of foetal haemoglobin levels declining more slowly than usual ( Pasvol 1978). Other researchers reported P. falciparam growth inhibition in vitro (Brockleman 1978) and higher phagocytosis of ÃŽÂ ²-thalassemia infected erythrocytes compared to normal erythrocytes. Like ÃŽÂ ±-thalassemia and SCD, there is not yet a definitive mechanism by which ÃŽÂ ²-thalassemia protects against malaria and suggested mechanisms put forward until now require greater research. Conclusion By examining the evidence, haemoglobinopathies do confer protection against malaria. However, the protection varies from one disorder to the next as does the level of protection from malarial infection and parasite progression. The protection revolves around the red blood cell which is central to the life cycle of the malaria parasite. The different haemoglobin abnormalities disrupt parasite and red blood cell interactions in diverse pathways, resulting in differing mechanisms of protection and subsequently different levels of protection. The lack of consensus regarding mechanisms involved highlights the necessity for further research. In addition to the possible protection pathways mentioned earlier, the analysis of population genetics cannot be ignored. The haemoglobinopathies discussed have a higher prevalence in malaria endemic regions due to the protection conferred from this lethal parasite.

Laertes and Fortinbras as Foils for Shakespeares Hamlet Essay

Laertes and Fortinbras as Foils for Hamlet  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hamlet, the major character in the Shakespeare play of the same name, was faced with a decision upon learning that Claudius murdered his father. Should he believe the ghost, and avenge his father's murder? Or is the ghost evil, trying to coerce him into killing Claudius? Throughout the play, we see Hamlet's struggle with this issue. Many opportunities arise for him to kill Claudius, but he is unable to act because he cannot convince himself to believe the Ghost. Shakespeare uses Laertes and Fortinbras as foils to Hamlet, in order to help us understand why Hamlet acts the way he does. Foils are used in plays so that the readers are better able to understand the major character (Hamlet). In a foil, the minor character is similar in many ways to the main character so that we will compare the two. However, it is through these similarities that we are able to see the more important differences between the two. The major foil for Hamlet is Laertes, the son of Polonius. The most obvious similarity is that they are both young men. They also come from relatively similar backgrounds, a Danish aristocratic upbringing. They also both have some college education. This leads us to another similarity; [Semicolons vs. colons] they both have the ability to use logical and rational reasoning. However, they do differ on their applications of logical reasoning. We see this logical and rational reasoning in Hamlet, in Acts 1& 2 when he sets up the "mouse trap" for Claudius, in order to determine if he is guilty of murdering his father. Hamlet's ability to think many moves ahead and predict what the king's reaction will be if he is guilty, shows a type of reasoning beyond a norma... ...f the papers in this set, you will see that the similarities between Fortinbras and Hamlet are not so obvious-- few writers picked up on them, and none did as good a job at specifying them as did this writer. Here again, this writer backs up the statement with numerous specific examples. Some weak writers who are also weak thinkers will use words such as "obvious" when they have no evidence and may in fact be wrong. In such cases, the use of the word "obvious" is an attempt to cow the reader by implying that if the reader does not see what is supposed to be "obvious" then the reader is stupid. Be careful in using such words, and beware when you find them in your reading. (Another favorite is the phrase "of course.") Works Cited: Shakespeare, William. The Tragedy of Hamlet. ca. 1600-1601. Ed. Edward Hubler. A Signet Classic. New York: Penguin Publishers,1963.

Midsummer Night’s Dream Theme Essay

One of the play’s main themes is the difference between perception and reality. The idea that things are not necessarily what they seem to be is at the heart of A Midsummer Night’s Dream, and in the very title itself. â€Å"Reality is merely an illusion, although a very persistent one.† These words were spoken by Albert Einstein who, among the many other things he thought about, considered the very thin line between what we see and feel and what is real. Many great thinkers have pondered the relationship between the senses and reality. How much of the world truly exists and how much of it is only what is in one’s mind? Among these thinkers was one particular writer named William Shakespeare. A man who enjoyed pointing out the gullibility of mankind, sometimes tragically and sometimes playfully, wrote a masterpiece of theater exploring that very concept. A Midsummer Night’s Dream directly confronts the separation between reality and what one perceive s to be real. This is examined in Titania’s interactions with Nick Bottom, in the adventures of the Athenian lovers, and, most famously, in Puck’s closing monologue. It is in this way that Shakespeare forces us to think: â€Å"What is reality?† If anything shows how perception and reality can sometimes fail to coincide it is the situation between Titania and Nick Bottom. The reality of the situation is that Nick wasn’t a highly attractive man to begin with, and has now been given an ass’ head. Titania has been drugged to believe that she is madly in love with this man, under Oberon’s orders. Here is the tricky question hidden in this situation: â€Å"What is love?† Love is a feeling. Feelings are another type of perception, a type that are impossible to ground in physical reality. One cannot say that Titania’s love is fake, though it may be. The very flower used to fill the fairy queen with this love was supposed to have been hit with one of Cupid’s arrow, the arrows which cause true love. It cannot be argued that the love is not true, but it is not of her free will. Does this make the love unreal? Surely Titania perceives it to be real but what makes love or any emotion truly real? This situation also does a good deal to show how one’s perception of reality can be altered by a powerful feeling like love. Titania is suddenly completely in love with him, with his  body, his voice, and everything. Surely she would not normally be attracted to these features but it can be almost universally agreed upon that love can alter one’s perception of things. Nick Bottom himself said that†reason and love keep little company.† Given the knowledge that something like emotion can alter one’s perception, who can say that reality is truly real? The Athenian’s love situations show that they had little grasp of reality to begin with, making them all the more susceptible toward the meddling of the fairies, which is a true test of reality versus per ception. They claim to be each equal to each other in looks, personality and strength. Even their names, Helena and Hermia are quite similar. They are nearly indistinguishable in character and mannerisms and for good reason. It is to show how powerfully love can alter the perception of a person. For Hermia, there can be no comparison between Lysander and Demetrius. This is all mixed up when the fairies become involved. Hermia, previously loved by both men, suddenly finds herself scorned and ignored. Likewise, Helena, previously ignored by both men suddenly becomes the supreme object of their desire. What is worse is that she perceives this to be nothing but a cruel joke. All of this is caused by the same flower-struck by cupid’s arrow-that had equally altered Titania’s thoughts on Nick Bottom. This begs to question, are feelings caused by substances real? There are feelings of happiness, euphoria, relaxation, and any number of things that can be caused by mind altering drugs but can these feelings be described as being real? Some would argue not, but is the argument truly that simple? What are feelings when boiled down to a science? They are no more than chemical reactions in the mind. Also, what about mood stabilizing drugs given to those depressed or suffering from bipolar disorder? Are the new feelings of well being and peace also not real? The effect of the flower is similar. Who can say how much of what is felt and what is real and how much is brought out by the flower? What of the sentiments that were brought to light by the fairy’s influence? The feelings of jealousy and distrust that were brought up in Helena were quite obviously always somewhat present so are these feelings unreal or merely highlighted by the actions of the fairies? These are all a matter of perception versus reality-something that Shakespeare clearly wanted us to think about. The final and most blunt question on reality is of course, the ending speech by Puck. â€Å"If we shadows  have offended, think but this, and all is mended, that you have but slumbered here while these visions did appear. And this weak and idle theme, no more yielding than a dream.† To start there is calling the actors all shadows, something that questions how real they truly are. Not only are they playing roles and pretending to be other people, but on top of that, how real are they or anyone really? â€Å"Think but this and all is mended† simply brings to light how easy it is to alter one’s perception of things. It’s as simple as changing how you want to see things. Then there is the big question, what is the difference between reality and a dream? If one’s perceptions are so easily changed, what is the difference between dreaming and reality? Shakespeare was a master of writing. It is the goal of any artist to change how a person feels and views things. Shakespeare takes his readers and watchers a step further by questioning feelings and perception altogether. In showing how love can so powerfully alter perceptions in Titania and Nick’s events, by showing how frequently changing the sentiments of the Athenians were, and by openly questioning how real reality is in Puck’s speech, Shakespeare challenges us to question how much of what people see and feel is real. How much of what people see and feel can simply be written off as a â€Å"Midsummer Night’s Dream.†

The Gendered Power Struggles in “A & P” and “I Want a Wife”

In John Updike’s â€Å"A & P† and Judy Brady’s â€Å"I Want a Wife,† both authors are showcasing the various power struggles that occur in relationships between men and women.Both stories are written with a kind of sarcasm—in â€Å"A & P,† the narrator has a very sardonic view of the world which is clearly demonstrated in his narration, and in â€Å"I Want a Wife,† the entire piece is clearly written with a strong sense of irony.   Despite the tongue-in-cheek approach both of these stories take, both are addressing the a very prevalent social issue: the gendering of power.In â€Å"A & P,† Sammy (the narrator) spends much of the story describing these three adolescent girls who were brazen enough to walk into the A & P wearing nothing but swimsuits, right down to their bare feet.   Sammy focuses on one girl in particular, the one he refers to as â€Å"Queenie,† who is clearly the â€Å"leader† of the group and w ho oozes self-confidence.Queenie struts around the store with an obliviousness to the attention she is receiving from the men in a way that can only be deliberate—she is aware that she is being gazed at, as an attractive young woman wearing a bathing suit in a grocery store with the straps falling down her arms, yet she chooses to ignore the attention, as if it just wasn’t relevant to her.The other male employees of the store also pay careful attention to her, and signal to Sammy about the girls, but Sammy describes her in an almost reverential way (as opposed to strictly sexual), even down to the way she walks: â€Å"She came down a little hard on her heels, as if she didn’t walk in her bare feet that much, putting down her heels and then letting the weight move along to her toes as if she was testing the floor with every step, putting a little deliberate extra action into it† (PAGE #).Queenie presents herself as the female body to be viewed, welcoming t he male gaze, yet also rejecting it as something she does not need.   This is her power: she permits the men to look, but doesn’t give them the satisfaction of knowing that she is aware.   Sammy falls victim to this power of hers, the power of the intentionally unreciprocated gaze, to the point of quitting his job because he wanted to be â€Å"their unsuspected hero† (PAGE #).   In this power struggle, Queenie wins.But there is another which she fails—a power struggle with a man who is unimpressed with her presence, whose own authority is of more importance.   This man is the store manager, and he embarrasses Queenie and her friends by calling attention to their inappropriate attire.   Queenie stands up for herself, â€Å"getting sore now that she remembers her place, a place from which the crowd that runs the A & P must look pretty crummy† (PAGE #).Perhaps the man was simply trying to exert his authority over his domain; perhaps he was intentio nally trying to humiliate these young girls because as an adult male he possesses the power and authority to do so.   Regardless, he made Queenie blush—only a slight chink in her armor, but as he was the first to successfully make her self-conscious about her attire, Lengel won that power struggle.   And as a result, young Sammy, still very much under Queenie’s spell, quits.In â€Å"I Want a Wife,† Judy Brady takes a much more obvious stab at the power struggle between genders.   In this story-essay, Brady begins by noting that her newly-divorced male friend is looking for another wife, which turns her introspective and she herself begins citing all the various reasons why she, too, would like a wife.There is a lot of latent anger and bitterness in this piece—basically, by taking the narrative form of lauding all the advantages of having a wife, she is in effect creating a highly accusatory assault on men and how they take advantage of their wives.à ‚   The portrait she paints is one of lazy, ungrateful, thankless men who appreciate nothing their wives do and instead come to just expect it.   The recipient man of the wife Brady is describing is really nothing more than an emotional child, with the needs and demands and expectations of a spoiled child.Brady outlines how the wife does all the cooking, cleaning, child-rearing, childcare, shopping, working to put the husband through school, housework, entertaining, constantly there to meet all physical and emotional needs of the children and husband, never questioning anything, doing it all without complaint, remaining forever loyal and faithful, and expected to just leave quietly when the selfish child-like husband decides to replace her with a newer, younger, prettier wife.   Here the power struggle is the woman’s forced silence.   Brady is speaking on behalf of many â€Å"houseslaves† (as Sammy in â€Å"A & P† referred to them) who must suffer in silen ce.The whole point of this piece is to display how much the woman does suffer in silence, while also reiterating the fact that it is and must be in silence because that is the expectation.   The woman MUST bare the burden, because that is her role and that is what is expected of her.Brady’s narrator is struggling with this social expectation, yet she herself even suffers in silence and still continues to play the role, identifying herself in the very beginning as one of the very wives she is about to describe, aligning herself with exactly what she is longing for in a wife of her own: â€Å"I belong to that classification of people known as wives.   I am a Wife.   And, not altogether incidentally, I am a mother† (PAGE #).In both â€Å"A & P† and â€Å"I Want a Wife,† the power struggle—which is rooted, at least in these stories, primarily in social inequality—between men and women is clearly defined.   In both stories, there is the p resence of a strong female character who is struggling to resist her proscribed role as a weak, submissive female, yet who is still ultimately still held under the thumb of male dominance.   It is still the male’s power that ultimately reigns supreme, and despite the efforts of the quietly defiant Queenie and the defiance present in the internal musings of Brady’s narrator, both women still lost the struggle.Queenie still went home, embarrassed, her one source of power—positioning herself as an object to be looked at, making her power directly dependent upon the attention of the men she then rejects—having been quashed by a man who refused to let her have it.The narrator who was wishing for a wife of her own was doing so in her mind only as she continued with her wifely ironing.   Both women struggled internally with their own domination, but both remain dominated.