Thomas Plank's Answers

If I do a pool for online bets and charge a 2 dollar administration fee am I breaking any gambling laws.

Unfortunately, online gambling pools are illegal. Currently, online gambling (sport or non-sport) is illegal at the federal level under the Uniform Internet Gambling enforcement Act ("UIGEA"), the Wire Wager Act and, in the case of sports betting, the Professional and Amateur Sports Protection Act ("PASPA"). You do not say if your pool is focused on sports or not, but if it is, then it would certainly violate PASPA as well as the Wire Wager Act. Within the last several years, the US Treasury...

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Order and adjugdged that the lien hled by the respondent upon exempt property of the above named debtor is avoided to the extent

If you are the Respondent, you should consult a bankruptcy attorney as soon as possible to see if it is in your interests to have that attorney file a motion for reconsideration of the order under Federal Rules of Civil Procedure 59(e) or 60(b) and their corresponding Bankruptcy Rules 9023 and 9024. Good luck.

Before the court is the motion to avoid lien the motion of the aboved named debtor, as provided by 11 u s c 522[f] and bankrupt

If you are the Respondent, you should consider hiring a bankruptcy attorney to see if it is worth the time and expense of filing a Motion for Reconsideration under Federal Rules of Civil Procedure 59(e) or 60(b) and the corresponding Bankruptcy Rules 9023 and 9024. Good luck.

Why isn't online poker legal as a contest of skill?

The legal reason poker is considered gambling is because state and federal case law has held it to be defined as a game of chance. The last case to generate a lot of attention that held poker to be a game of chance was in Kentucky State Court a few years ago. The poker industry had great hope that poker would be considered a game of skill and not as a game of chance but unfortunately, the court decided otherwise. Which leads us to the question of why courts have consistently held poker to be...

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H1b and playing in offshore online casinos. Legit? Taxes?

ONLINE GAMING Firstly, let me say that just because someone is engaged in what we would commonly refer to as "gambling" in its commonsense meaning does not mean that same someone is engaged in unlawful gambling. That said, presently, it is illegal to gamble online while located within the United States irrespective of your immigration/citizenship status. New Jersey's legislature has just passed a bill that would legalize certain forms of online gambling, but said legislation has not been...

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MAURITIUS ISLAND HAS A LAW FORBIDDING SPEAR FISHING AND I WANT TO PARTIPATE IN A CHAMPIONSHIP ABROAD WHERE WE WILL HAVE SPEAR GU

Unfortunately, I do not see enough information allowing me to address the issue of the competition's prize. I assume that you are only interested in asking about the issue of importing spear guns into Mauritius. If you also have a question about the competition's structure and how it may relate to gaming law, please let me know. Disclaimer: This answer is merely for educational purposes, does not consist of legal advice, does not consist of tax advice of any kind, and does not create an...

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Is it illegal to place online sports bets in Pennsylvannia? Can I be prosecuted for this activity?

Although I am not licensed in Pennsylvania, for educational purposes I can say that yes, it is illegal to place online sport bets in PA or any other state. NJ's legislature has just passed a bill that would legalize online (non-sport) gambling for NJ residents, but said legislation has not been signed or vetoed yet by Gov. Christie. South Dakota is another state that has expressed interest in legalizing online gambling. Even if a state were to legalize online gambling for its residents,...

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We've been s corp for 6 yrs.1 yr ago we took note for 300,000 to buy competetors business. going under. bankruptcy?dissolve corp

I agree with the above answers: Get all of the documentation you can compile and see a new business lawyer as soon as possible. Only after you have worked through many initial issues will you have an idea whether a Chapter 11 restructuring should be pursued. Good luck!

I would like to separate from my husband because he is gambling. What are the steps I need to take to protect myself and what a

Obviously, you cannot force your husband to accept that fact he has a gambling problem; he must do this on his own. That said, here are two links that may prove helpful. One is to Gamblers Anonymous and the other to the National Council on Problem Gambling. http://www.gamblersanonymous.org/ga/index.php. http://www.ncpgambling.org/. The National Council on Problem Gambling's website has a directory of counselors that can help and other helpful information. Good luck!

I'm currently active duty military wanting to file bankruptcy do I have to let my commander know or can u go about it without no

Besides the issue of the security clearance, a lot depends (although not legally-speaking) on what rank you are, what your position is, what unit your with, etc. It is generally wise to inform your command of such issues because most likely they're going to find out anyway. It's better to deliver the message yourself. I was a light infantryman and although infantry culture can be quite harsh, I don't think any of my COs would have cared much if someone declared bankruptcy. Falling out of a...