Tuesday, December 24, 2019
Mental Health And Substance Abuse Disorders - 2656 Words
Introduction Policy makers and researchers have paid attention to behavioral health problems due to significant burden of morbidity and disability, as well as health care cost. The term behavioral health refers to a state of mental or emotional being and choices and actions that affect wellness. It encompasses both mental health and substance use, including such as depression, substance abuse or misuse, serious psychological distress, and suicide (Substance Abuse and Mental Health Services Administration, 2011). In 2012, an estimated 16 million adults aged 18 or older in the U.S. had at least one major depressive episode in the past year. This represented 6.9 percent of all U.S. adults (Substance Abuse and Mental Health Services Administration, 2013). People with mental and substance abuse disorders may find difficulties to maintain interpersonal relations, find and sustain employment, and care for themselves and family members because behavioral health problem may affect individualââ¬â¢s abil ity to function in daily life. Although mental health problems are both common and important in general population, they are especially common in women than men (Substance Abuse and Mental Health Services Administration, 2013), and in particular in individuals who are socially disadvantaged (Heflin Iceland, 2009). Although a variety of factors are related to psychological wellbeing among low-income women, decades of research find poverty to be a correlate of behavioral health problemShow MoreRelatedSubstance Abuse And Mental Health Disorders Essay1507 Words à |à 7 Pagescorrections under the Colorado Division of Criminal Justice: 50.40% have a clinically diagnosable mental illness, greater than 60% were treated for substance abuse (Community Corrections Profile, 2014). Co-occurring mental health and substance use disorders is further complicated by a high prevalence of trauma histories in women in corrections (Lynch et al., 2012). The presence of intersecting co-occurring disorders and trauma may negative impact treatment outcomes and retention rates for women in communityRead MoreThe Prevalence of Co-Occurring Disorders Essay893 Words à |à 4 PagesPREVALENCE OF CO-OCCURRING DISORDERS The Prevalence of Co-Occurring Disorders Launita D. 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In fact anything can make it difficult for an individualââ¬â¢s ability to interact effectivelyRead MoreRelationship Between Mental Health And Addiction1470 Words à |à 6 PagesIf you or someone you love is seeking treatment for a substance abuse related disorder in addition to a psychiatric disorder, you will come across two terms in your research: co-occurring disorders and dual diagnosis. Right off you may be more concerned about simply getting help for your addiction. Maybe it has caused you to lose your job and your family is in tatters. It s important to note that w hen substance abuse and mental illness co-occur specialized treatment is needed. First, however, youRead MoreDrug Policy And Funding Has Not Changed Much Over The Past Two Decades1505 Words à |à 7 PagesControl Budget. As of 2014, the majority of funding for this budget went into supply reduction (59.9%), demand reduction (40.1%), and domestic law enforcement (36.8%). Only 35 percent of the funding was provided for treatment of drug abuse, and 5.1 percent for drug abuse prevention (Sacco, 2014, p.16). These numbers have not changed since 2005, when they were within a 5 percent difference (Sacco, 2014, p.16). These figures are a representation of why drug policy and funding has not worked for decadesRead MoreHealth And Health Care Act1380 Words à |à 6 Pagesrole in bringing about parity in the health care sector. The 2010 Affordable Health Care Act, the 1996 Mental Health Parity Act and various other legislations have improved the accessibility, affordability and quality of gro up health plans and insurance plans. Although a few loop holes and old laws continue o hamper efforts to bring about health care parity, the legislations are a big step in the right direction. The efforts aimed to integrate behavioral health services into mainstream medical serviceRead MoreIs Substance Abuse A Mental Disorder? Essay757 Words à |à 4 PagesIs Substance Abuse A Mental Disorder? Substance abuse disorder, or what is referred to now as substance use disorder, is a condition where reliance to various substances, may it be licit or illicit, continues to permeate the lives of the sufferer, even to the point that this reliance is detrimental to the personââ¬â¢s life. This definition is merely an oversimplification of the said disorder. In reality, the criteria for substance use disorder has been ââ¬Å"defined and redefined over the past several decadesRead MoreEssay On Mental Health Treatment Program1560 Words à |à 7 PagesProgram Structure This Mental Health treatment program and/ or organization focus on co-occurring diagnosis and structures to develop co-occurring disorder treatment services. This program is a non-profit, privately owned organization. It provides social services in Miami, FL. This mental health treatment program and organization will provide comprehensive behavioral healthcare to homeless women who have severe, persistent mental illness, or with co-occurring substance abuse and mental illnessââ¬â¢. The organizationsRead MoreEssay Drug Abuse and Mental Health 1194 Words à |à 5 PagesSubstance abuse complicates almost every aspect of care for the person with a mental disorder. When drugs enter the brain, they can interrupt the work and actually change how the brain performs its jobs; these changes are what lead to compulsive drug use. Drug abuse plays a major role when concerning mental health. It is very difficult for these individuals to engage in treatment. Diagnosis for a treatment is diffic ult because it takes time to disengage the interacting effects of substance abuseRead MoreMental Illness Of The Mentally Ill On Deinstitutionalization1514 Words à |à 7 PagesMental illness in America has become an increasingly popular topic of discussion. Rather than being placed in hospitals for treatment, mentally ill individuals are being placed into correctional facilities for their actions. Persons with serious mental illness (SMI) such as bi-polar disorder, severe depression, schizophrenia and etc. have trouble within society. Many lack income and stable living arrangements to be able to succeed in the community. Side effects of their illness can enable them to
Monday, December 16, 2019
Young children learn problem solving though playing Free Essays
string(78) " work outing procedure aid kids to work out jobs and do better determination\." Peoples frequently think that drama is merely drama. Children merely drama and they will non larn anything when they play. The existent fact is that kids are larning when they are playing. We will write a custom essay sample on Young children learn problem solving though playing or any similar topic only for you Order Now Children merely know what drama is as this is a self-generated act. Children do non necessitate to learn how to play but they must be guided when they play in order to accomplish the acquisition nonsubjective. Most surveies have portrayed drama as an activity, which has a important positive impact on kids ââ¬Ës development such as ( Bruner 1990 ) . Garvey ( 1977 ) gave a utile description of drama for instructors when she described drama as unique to the kids and grownup should non transfuse their constructs into it and seek to direct the drama activity. Play should be child initiated with the facilitation from the grownup to widen and spread out. Play, both directed and adrift, is a critical in the development of larning for immature kids. Harmonizing to Bloom ( 1964 ) , play influences rational development ( Isenberg A ; Jalongo 1997 ) . And drama helps kids to larn new constructs, to advance, promote kids ââ¬Ës problem-solving accomplishments in a natural, fun manner. Many early childhood pedagogues have recognised the fact that drama is the most effectual and powerful ways for immature kids to larn. Dewey ( 1916, 1938 ) believed that kids learn about themselves and their universe through drama ( citied in Joan P. Isenberg A ; Mary Renck Jalongo, 1997 ) . With concrete stuffs, chances, meaningful first manus experiences would let kids to derive new understanding during drama. As drama is a cosmopolitan activity, kids know how to play and they do non necessitate to be taught. It is drama that influences kids ââ¬Ës acquisition and their development. Play aid kids to develop physically, cognitively, emotionally every bit good as societal accomplishments which they will necessitate in their later in life in order to populate independently. We all know that kids ââ¬Ës ââ¬Å" occupation â⬠is to play, as kids play, they learn about themselves and others around the universe, intensifying their apprehension and edifice on their familiar cogni tion. Both theory and research supports such a relationship ( Erikson, 1963 ; Fromberg, 1998, 2002 ; Frost et al. , 2001 ; Johnson et al. , 1999 ; Monighan-Nourot A ; Van Hoorn, 1991 ; Piaget, 1962 ) . Isaacs ââ¬Ë ( 1933 ) claimed that, ââ¬Å" Play is a kid ââ¬Ës life and the agencies by which he comes to understand the universe he lives in. â⬠( citied in Macintyre 2001, p. 3 ) . How does Play Impact Learning and Development in Young Children? Play contributes to school success in many ways ; research has showed that every competence of import to school success is enhanced by drama ( Isenberg A ; Quisenberry, 2002 ; Singer, 2006 ) . In the research literature ( Singer et al. , 2006 ; Smilansky, 1990 ; Van Hoorn, Nourot, Scales A ; Alward, 2007 ) , it has documented that there are connexions between the complexness of kids ââ¬Ës make-believe drama, early literacy, mathematical thought and job resolution. When kids are playing they have the chances to utilize their mental representations of the universe to associate to new objects, people and state of affairss which is the cardinal ability for the future academic acquisition. Physical, societal, emotional, rational, and linguistic communication development are all integrate in kids ââ¬Ës drama. Children have a natural motive to larn when they are engaged in the things they are interested ( Shonkoff A ; Phillips, 2000 ) . Children will be able to develop constructs and skills together as they are integrated in the context of meaningful and playful experiences. For illustration, a four-year-old kid learns to compose the letters in her name, making so, she is besides larning the construct that each missive represents a sound, and she will be extremely motivated by the significance which is her ain name. Skills have limited value without constructs. Example, a kid who is able to number to five by rote, she will non hold the construct of five, unless she understands the measure represented ( 5 = five blocks ) . Children are more likely to retain the accomplishments and constructs they have learned in meaningful contexts. Concepts are developed through activities that occur of course during drama, such as numeration, screening, sequencing, foretelling, hypothesizing, and measuring. Learning through drama is an of import and natural procedure. Learning through drama introduces and Teachs new accomplishments with a happy, comfy and fun attack says Gale Kelleher, manager of Rainbow Nursery School in New York. Meghan McGinley Crowe, Executive Director of Literacy for Little Sprouts, explains that presenting new acquisition processes through playful activities in which kids are per se interested are of import. They keep kids ââ¬Ës attending and let them to easy perpetrate larning to long term memory. ââ¬Å" Hands-on, playful larning experiences non merely construct involvement in the topic, but set off a kindergartners experiences in larning as positive, joy filled 1s which they will desire to go on for old ages to come â⬠( Crowe, 2009 ) . During playing, the kid will research their senses that help them in work outing jobs. For illustration, when a kid tries to suit a unit of ammunition block to the square hole but could nââ¬â¢t suit it in. This will let the kid to believe and motivate the kid to happen another hole that can suit the unit of ammunition block. Once the kid found it, they will cognize that merely round hole can suit a unit of ammunition block. Not merely that, when playing, the kid can get all right and gross motor accomplishments. It will besides assist them concentrate, heighten their imaginativeness, and socialise with other kids. The Problem-solving Procedure Problem resolution is to supply kids with a mechanism for doing good pick about how to react or move and respond in assorted state of affairss. When come to job resolution, it required clip, forbearance, energy and accomplishments. Once kids have get job work outing accomplishments, they become more confident and will be responsible in covering with day-to-day state of affairss. Harmonizing to Doescher ( 1995 ) and Loh ( 2002 ) the job work outing procedure aid kids to work out jobs and do better determination. You read "Young children learn problem solving though playing" in category "Essay examples" They suggested parents, pedagogue and instructors to steer kids through the undermentioned stairss: Measure 1: To work out the job, foremost to allow kids cognize what a job is and how they can understand it. Adults may detect and garner information about the state of affairs in order to cognize their kids ââ¬Ës problem-solving abilities and to see whether kids are able to work out the job. Questions should be asked: ââ¬Å" What is go oning? â⬠and ââ¬Å" What precisely do we necessitate to make? â⬠Measure 2: Children need to place and specify the job or state of affairs in order to acquire good solution for the job. Once the job is clarified, promote kids to bring forth options, come out with possible solutions thoughts, inquiries and statements, illustration, ââ¬Å" What can we make otherwise? â⬠ââ¬Å" Let ââ¬Ës see how many thoughts we can come up with? â⬠and ââ¬Å" Are at that place still more solutions we can believe of? â⬠Measure 3: Discus with the kids the solutions to the job. Talk about the options suggestions and asked kids to notice on them. As this is a critical measure of learning job resolution, grownup can supply some simple solutions or different ways of work outing jobs. When kids reexamining the solutions to the job, they will be able to cognize and measure different solutions to different job. However, grownup must non make the kids ââ¬Ës work, allow the kids do it. From the kids ââ¬Ës suggestions and seeking their thoughts will be able to let kids to develop their concluding power apart from larning to work out the jobs? Measure 4: Aid kids to make up oneââ¬â¢s mind on a solution, let kids to test, adapt and research different solutions to the job. Childs have to take the solution which is agreeable to all. Therefore, it is besides appropriate to inquire proposal from each kid. ââ¬Å" What do you believe of the suggestion? â⬠ââ¬Å" If we choose this thought, what do you believe will go on? â⬠When seeking a solution, kids are taking charge of the job and kids need to expect the test solution may be feasible or non, and it can be changed if necessary. By researching and work outing job, it will assist kids to streamline their encephalon in a simple and wise mode. Measure 5: Aid kids to seek a different solution when needed. Sometimes kids need to discourse their job farther and this is the clip for grownup to measure the state of affairs and to come out with another solution. Adult can inquire inquiries ; explore solutions by inquiring thoughts from the kids. ââ¬Å" How can you work out the job? â⬠ââ¬Å" What do you believe? â⬠Children may do a batch of errors while larning to work out jobs and grownup should learn kids how to manage errors and most common bloopers. ââ¬Å" Mistakes and bloopers are the foundation stones that will let kids work out jobs that they encounter in their life â⬠( Loh. 2002 ) . Therefore, grownup should promote kids to maintain seeking and finally they will be able to happen solution for the job. In Piaget ââ¬Ës theory, he has identified that kids move through four wide phases of development by which kids progress through them, each of which is characterized by a qualitatively distinguishable manner of thought. In detector motor phase, cognitive development begins with the babe ââ¬Ës usage of the senses and motions to research the universe. These action patterns evolve into the symbolic but unlogical thought of the kindergartners in the preoperational phase. Then knowledge is transformed into the more organized logical thinking of the school age kids in the concrete operational phase. Finally, in the formal operational phase, thought becomes the complex, abstract concluding system of the stripling and grownup. Harmonizing to Piaget, the development of the kids ââ¬Ës cognitive abilities will merely reflected in the growing of their powers of perceptual experience, linguistic communication, concluding and problem-solving abilities. If we observed closely at a really immature yearlings faces a job, they frequently merely shout ground being they do non cognize what else to make except shouting. By the age of two, kids will utilize memory as job work outing tool, kids will believe about the job, retrieve what he saw and so copy it. By three old ages old, kids will utilize their imaginativenesss when jobs arise, illustration if there is no helmet in the dramatic corner, the 3s will utilize a bowl and have on it inverted. The four old ages old are the adventuresome and they need some aid in concentrating the job. They are more patient and able to seek out different solutions by utilizing more vocabularies and besides ready to negociate with their equals ( Miller, 1996 ) . Children thrive on complex constructive undertakings that produce identifiable merchandises. Five and six twelvemonth olds peculiarly enjoy constructive drama with higher degrees of societal coaction. How does Play Enhance Cognitive Development? ââ¬Å" Children construct these exposures to new constructs through drama. Each playful experience builds the cognitive development of larning a new fact and perpetrating it to long term memory, â⬠says Crowe ( 2009 ) . Cognitive development focuses on developing maps of the encephalon such as thought, acquisition, consciousness, judgement, and treating information. Harmonizing to developmental psychologist Jean Piaget, kids go through several phases of cognitive development and acquisition activities for yearlings and kids should match to the appropriate developmental ( Snuggs, 2008 ) . In footings of cognitive development, Piaget ââ¬Ës ( 1896-1980 ) believed that kids construct their ain apprehension through interacting with their environment and learned to accommodate to the universe. Adaptation which involves through the two procedures that normally happen at the same time, they are assimilation and adjustment. He defined assimilation which means the kid ââ¬Ës return in new things from the outside universe and tantrum into the already existing construction. The new rational stuffs which include thoughts, constructs, and points of position to suit into the bing constructions of our heads, in order for these new thoughts finally incorporated into our ain universe positions. Adjustment on the other manus, is the adjusting of the construction in reaction to the freshly incorporated stuff. Therefore, cognitive development involves an interaction between absorbing new facts to old cognition and suiting old cognition to new facts and the care of structural equilib ration ( Halford 1989 ) . Piaget further explained that without the pattern in drama context, the accomplishments that kids have would be loss. In order for kids to absorb information and explored the environment into their heads and assist kids to do sense of it is through drama. Play enable kids to larn work outing job, it help kids able to associate with their old acquisition and obtain new accomplishments, new constructs, able to happen ways to derive more cognition. Children act in an environment by manipulate with different stuffs, equipment-increased kids ââ¬Ës cognition. In Piaget ââ¬Ës theory, he has recognized that kids move through four wide phases of development, each of which is characterized by a qualitatively distinguishable manner of thought. In detector motor phase, cognitive development begins with the babe ââ¬Ës usage of the senses and motions to research the universe. These action patterns evolve into the symbolic but unlogical thought of the kindergartners in the preoperational phase. Then knowledge is transformed into the more organized logical thinking of the school age kids in the concrete operational phase. Finally, in the formal operational phase, thought becomes the complex, abstract concluding system of the stripling and grownup. Harmonizing to Piaget, the development of the kids ââ¬Ës cognitive abilities will merely reflected in the growing of their powers of perceptual experience, linguistic communication, co ncluding and problem-solving abilities. Piaget ( 1962 ) believed that kids are active scholars ; kids learn best from the activities they plan, carry out and reflect. Children would be after the activities they are interested in order to prosecute, derive direct experience and use logical believing to their job work outing accomplishments. Harmonizing to Piaget when kids are actively utilizing their head to seek for possible reply, work outing job is a critical facet because kids are mentally building assorted possibilities. In order for effectual acquisition to happen, active engagement is needed to let kids to pull strings stuffs during their acquisition so that they can research ââ¬Ëwhat happens if.. ? ââ¬Ë Children will be chew overing over higher cognitive-level inquiries, which result them to dispute their thought and coerce them to use, analyze, synthesis or measure what they have learned. Active acquisition besides encourages kids to happen application and illustrations of the freshly learned constructs and brainstorming solutions to jobs ( Mclnerney A ; Mclnerney 2008 ) . Researcher have besides conclude that kids who participate activity in dramatic drama which besides know as make-believe drama during the preschool old ages has a higher mark on the degrees of imaginativeness and creativeness and this enhance the ability of believing inventively ( Freyberg, 1973, Pepler A ; Ross, 1981 ) . When kids engaged in dramatic drama or feign drama, they transform the object and actions symbolically. Bergen ââ¬Ës survey says that in make-believe drama, kids are practising dialogue, function pickings and job resolution. Vygotsky ââ¬Ës theory besides supported that when kids constructed new cognition through their drama, whether they are practising what they have learned in other scenes or they are building new cognition, it is clear that drama has a valuable function in the early childhood schoolroom. Jerome Bruner ( 1972 ) and Brian Sutton Smith ( 1967 ) both maintained that drama provides a comfy and relaxed ambiance in which kids can larn to work out a assortment of jobs. Subsequently, when kids are confronted with the more complex jobs of the existent universe, ââ¬Å" the acquisition that took topographic point during drama is of great benefit to them. â⬠( Hughes, 2010 p.27 ) Decision The term of job resolution is used in different signifiers in the literature and job work outing screens a assortment of countries which range from seting mystifiers together, to work out simple scientific discipline and arithmetic jobs, and besides ââ¬Å" to the solution of mental, logical, societal, and mechanical jobs. â⬠( Bullock, 2000, p.24 ) . Research has found that when a kid is given a peculiar job to work out, the kid has to find the conditions, see the process and stairss taken to work out the job. Gagne ( 1970 ) considers that when a individual ââ¬Ës is work outing job, it involves the highest cognitive abilities of which 1 is capable. Young kids learn job work outing accomplishments largely through drama and job resolution is the foundation of a immature kid ââ¬Ës acquisition. Educator should value, promote and supply job work outing chances in the early childhood schoolroom. As job work outing occurs in the mundane context of a kid ââ¬Ës life, it is the best chances for kids to near jobs in different ways in order to work out them. How to cite Young children learn problem solving though playing, Essay examples
Sunday, December 8, 2019
Bankruptcy and Adjudiction-Free-Samples-Myassignmenthelp.com
Questions: 1.Bankruptcy definition of process Enforcement of process Restriction measures discharge of Bankruptcy. 2.Adjudication adjudication procedures adjudication appointment determination determanation order Review Adjudication Enforcement. Answers: 1.Bankruptcy Introduction: This paper intends to research into and subsequently presents a comprehensive discussion of the bankruptcy process in respects of an individual insolvency in Singapore. The discussions entail the origin of the insolvency, enforcement, restrictions for the individual bankrupt including the range of options of discharging as well as annulling bankruptcy order. The chosen firm to help expand this discussion is Ezra Holdings. Bankruptcy Processes in Singapore: Overview: Bankruptcy denotes a legal status of an individual firm or person who is unable to make repayment of debts over $15, 000 and is already declared by the High Court as a bankrupt. The Official Assignee is appointed by the High Court to particularly administer the affairs of the bankrupt in the bankruptcy (Agarwal, He, Sing and Zhang 2016). The Official Assignee administers such affairs as selling off the assets of the bankrupt to pay its creditors, registering claims of the creditors and distribute dividends to the creditors of the bankrupt (Peng, Yamakawa and Lee 2010). Origin The bankruptcy follows the prolonged offshore downturn, marine, and oil and gas industry. This has caused Singapore-based Ezra Holdings to sought Chapter 11 protection with the US bankruptcy courts. At the time, it stood unclear whether Ezra Holdings would go under. Ezra Holdings filed for the Chapter 11 protection nearly three weeks later following EMAS application on 27th February 2017 for the same. This is because Ezra Holdings owns a forty percent share of EMAS. The twenty largest creditors of Ezra were owed nearly US$600 million. Ezra announced to the Singapore Stock Exchange (SGX) on 19/03/2017 that the Chapter 11 filing was meant to optimize both scope and extent of options available restructuring and the protection of the company stakeholders interest. Ezra Holding was concerned as besides restructuring, EMAS was seeking to terminate 5 charterparties. These included the LEWEK CHAMPION, the 25,000 GT pipe-layer. This was then under arrest in China and LEWEK EXPRESS. Such contr acts were reportedly valued over 300 million USD in the remaining charter hire payment. Thus, keeping such charters alive would be of little gains to the estate (Chua and Bedford 2016). The offshore supply vessels oversupply and newly built vessels influx culminating in low competitive rates of charter worsened the financial challenges of the business division of Ezra Holdings. This made the Ezra debts to surge including unsecured loans amounting to $272 million from DBS Bank Ltd, $184 million from Oversea-Chinese Banking Corp Ltd alongside $108 million owed to a Singapore affiliate of HSBC Plc. Moreover, Ezra Holdings stock lost 20% of its value following a disclosure in March 2017 that it provided almost 900 million guarantees in loans and liabilities of EMAS CHIYODA SUBSEA Ltd. Ezra Holding thus faced a going concern issue despite attempts to restructure (Azmi, Razak and Ahmad 2017). Enforcement In Singapore, the Bankruptcy proceedings start by means of filing of a Bankruptcy Application to High Court. In this case, it was filed by Ezra Holdings (debtor) and not a creditor (owed $15,000 or more by a debtor). Ezra Holding (debtor) filed the application to be the company bankrupt. A statement of affairs was filed alongside Bankruptcy Application. For example, Ezra Holdings indicated in its statement of affairs that it had $1B in assets and up to $500 million in liabilities. To enforce the application, Singapore sets the hearing of a Bankruptcy Application around four to six weeks from date of filing of the Application. Once a Bankruptcy Order is made against Ezra Holdings, notification shall be published in Singapore Government Gazette. Subsequently, the Court-appointed Official Assignee/private trustee in bankruptcy administers the affairs of the Ezra Holdings in bankruptcy (Chan 2016). The Official Assignee then contacts Ezra Holdings to go for briefing in his office. At this point, Ezra Holdings will be subjected to a number of disabilities and disqualifications. The case then undergoes commencement of an action, pre-trial matters, trial, post-trial matters and the appeal process, if required (Alexander 2016). Restrictions for Bankrupt: Once a firm has been declared bankrupt by the High Court, it was unable to begin or continue legal actions in the court in absence of the permission of the trustee. The firm cannot act as a trustee or even personal representative in absence of the permission of the court. The firm can no longer deal in property (Saba and Rahman 2016). The officials involved are unable to travel or even live/stay in foreign countries unless permitted by the trustees. Further, the firm cannot obtain any credit unless it discloses its bankruptcy status. The business will be unable to neither act as director of a company nor engaged in the management of any business unless permitted. Options for: Discharging and Annulling Bankruptcy Order Under the novel framework for bankruptcy schemes in Singapore, established in 2016 August, there is assistance for navigation of first-time bankrupts out of the debt. A first-timer might be discharged within 3 to 5 years, in case the firm has been able to make repayment of the full target contributions, without threshold of creditors refuting the discharge. However, the discharge could take a slightly extended period of 5 to 7 years, in case the bankrupt only pays the target contribution in full, but still, the court rejects the objections of the creditors to discharge. In both scenarios, the name of the bankrupt would be detached from the public records after 5 years from the time of discharge. However, where the bankrupt remains unable to repay debts after 7 years, the name will stay permanently in the public records (Cheah, Ho and Lim 2016). There are 4 different methods of discharging bankruptcy solely available for bankruptcy applications filed in or beyond 2016, August 1. These include paying off all outstanding debts; making a proposal to creditors for the debt repayment; application to the court for discharge order and discharging by Official Assignees certificate. Paying off all the outstanding debts remains the swiftest method of discharge. When the bankrupt does this the Official Assignee or the Court is able to issue a certificate which annuls the bankruptcy order. Subsequently, the bankrupts name is removed promptly from the bankruptcy register on the annulment date. A bankrupt can also make a proposal to creditors to repay the debts. This is done at the Ministry of Law Website under the Application for Discharge from Bankruptcy. The proposal has to be accepted at the general meeting by at least half in a number of the creditors of the bankrupt, who hold a minimum of seventy-five percent in debt value. In case the bankrupt meet such a threshold, the Certificate of Discharge is then issued by the Official Assignee to discharge the bankrupt from the bankruptcy. Nevertheless, the bankrupts name shall only be detached from the register of bankruptcy after five years from the discharge date and only once the debts have been repaid in full (Azmi, Abd Razak and Ahmad 2017). Nonetheless, where all the creditors approve the proposal in unison, the Official Assignee shall subsequently issue the Certificate of Annulment. This permits the bankrupts name to be instantly detached from the bankruptcy register at the annulment date. However, obtaining either the certificate is never the end of story. The bankrupt must repay the debts in accordance with the proposal subsequently. Otherwise, any creditor or Official Assignee is able to make application to revoke the annulment or discharge from bankruptcy. The third method of discharge is to apply to the Court for the Discharge Order accompanied by the affidavit. The affidavit must state whether the bankrupt has filed its statement of affairs; the creditors' number alongside whether creditors have proven respective debts. The affidavit must further state whether the bankrupt has disclosed all its assets to the Official Assignee or trustee that is managing its affairs and whether such assets are already realized. The affidavit must further state whether the bankrupts dividends have already been declared and if yes, the dividends amounts; and the reason for applying for the Discharge Order. The bankrupt must then serve its application together with the affidavit copy by the trustee or Official Assignee managing its affairs (Golden 2017). The Court will then evaluate the application taking into consideration; amount of debt, cause of bankruptcy and the much the bankrupt was at fault for debt incurrence, bankrupts domestic, financial and s ocial conditions, bankrupts conduct, bankrupts interest in being discharged, and creditors interest in getting repaid; and whether creditors have objected to discharge applications. Where the order for discharge is granted by the Court, the bankrupt gets discharged from bankruptcy (Eckbo, Thorburn and Wang 2016). The bankrupts name will then get detached from the register of bankruptcy after five years following the discharge and only when the debts have been repaid in full. However, things become complicated in case of special facts in the application/case. For example, where a bankrupt has committed Bankruptcy Act Offences/offenses linked to fraudulent property distribution under the Penal Code, there will be special facts. Other special facts are highlighted in s. 125 (5) of Bankruptcy Act which makes it unlikely for the Court to grant the bankrupt a discharge order when proven. Even in the absence of such order, still, the bankrupts order will be subjected to conditions like ban krupt being needed to make a partial repayment to its creditors. The Discharge by Certificate of Official Assignee method can also be used where the Official Assignee issues the bankrupt with a Certificate of Discharge. Nevertheless, a bankrupt can never apply for Official Assignee Certificate. Such a certificate shall solely be granted where the Official Assignee deems it fit, when these two conditions are met: (i) The bankrupt must have either paid the target contribution in full or are proven incapable of paying as a result of some extenuating conditions and (ii): A certain validity duration must have gone following the bankruptcy administration date. 2.Adujdication Introduction: As a Consultant Project Manager engaged by subcontractor, Bui Gong Pte Ltd with a claim dispute with major contractor about final payment settlement of a Main Upgrading HDB project in Singapore, I seek to undertake study in the Security of Payment Act 2004 (SOPA) and subsequently present a comprehensive advise to the subcontractor on procedure for adjudication according to SOPA 2004. Adjudication Procedure: Adjudication is a kind of ADR (Alternative Dispute Resolution) broadly used in the construction sector. It permits disputes to be resolved by adjudicators relatively faster whereas work progress (Mewomo and Maritz 2017). The decision of the adjudicator remains to bind, unless and till the dispute is eventually determined by arbitration, legal proceeding or parties agreements. However, parties could accept the decision of the adjudicator as eventually determining the dispute. Under the Singapore Security of Payment Act, claimants always lodge their claims with recipients. However, a limited number of days exist for the recipient to undertake the assessment and formally give their replies to a written claim. Failure to respond formally to a claim under stipulated schedule indicates a sudden death nuance to adjudication system and may lead to full amount judgment. Where a matter is challenged, the adjudicator will have the matter referred to him. Again, he (adjudicator) must operate under stringent schedule with to formulate the adjudicated determination (Raji, Mohamed and Mohammed 2017). The major patrons of adjudication system include construction sector sub-contractor lodging claims against respective builders and to a lower degree builders lodging claims against corresponding principals. Procedure: Bui Gong Pte Ltd can loge the claim with adjudicator to determine the dispute with the major contractor about final payment settlement of a Main Upgrading HDB project in Singapore. Under SOPA, my client is able to benefit from the statutory right provided by SOPA where an individual who had performed construction work is entitled to make a progress or payment claim (Ali 2016). My client is hence entitled to serve a payment claim for the month of work under the duration which is outlined in the construction contract. In this case, my client is the claimant and he is entitled to make such based on SOPA prescribed details for all works and costs emerging out of, under as well as in accordance with a construction contract. Once the claimant has served a valid payment claim on the party liable to make a progress payment, as provided for in section 2 of SOPA, the adjudication process is set in motion in Singapore under SOPA. The respondent must then serve a valid payment response upon my client, according to the specified date in the construct (max 21 days). Where there is no date specified, payment response has to be done within seven days from point of payment claim receipt. The respondent has to give in full his reasons for payment withholding specified in the claim alongside his calculation to buttress his reasons. If the respondent fails to respond leads to draconian aftermaths for him. These include being deemed to have automatically conceded to the adjudication order on payment claim; will be unable to depend on any extra ground before an adjudicator and; adjudicator doesnt lack jurisdiction and is hence excluded from taking into account, any particular reason entailed in payment respond (Todd and Ezeani 2016). The service of payment response provokes a statutory dispute settlement duration of 7 days when my client is able to seek clarification from respondent arising from his response and negotiate the settlement of payment claim dispute. The respondent is permitted to serve a response upon claimant; where he hadnt done so earlier, as dictated by s.11 (1) of SOPA (Ibrahim 2016). The service also provokes entitlement of my client to begin the adjudication application as provided for in s. 13 (1) of SOPA where my client doesnt receive payment by scheduled date of response amount that my client already accepted, or if my client disputes response given, or where the respondent doesnt provide a response within statutory stipulated duration (Abraham and Sivanesan 2014). Upon the end of statutory dispute settlement duration of 7 days, or upon failure by the respondent to make payment of accepted payment response, under a scheduled timeframe, my client remains entitled to make the adjudication application with authorized nominating agency adhering to all conditions as under s. 18.10 (1-4). After receiving adjudication application alongside adjudication fees, nominating body undertakes its role as given in s.18.11. My client is entitled under s. 18.12 to withdraw his adjudication application anytime, via service of a notice of withdrawal upon adjudicator, respondent and authorized nominating body. Under s. 18.13, the respondent must file adjudication response to adjudication application of my client with nominating body under 7 days from its receipt from nominating body. Under s. 18.14, statutory adjudication then commences instantly following expiry of timeline for adjudication response filing by respondent. Section 18.25 through 18.28 set in to guide adjudication determination process (Jayasinghe and Ramachandra 2015). In conclusion, s. 18.29 details the adjudication determination. Here, a valid adjudication determination has to comply with such conditions as made within as well as according to the stringent schedule outlined in s. 17 (1) (a) and (b); made in writing; entail each reason for determination; and be an ultimate determination, unamendable by the adjudicator, except for minor mistakes (clerical), omissions/accidental slip or form defect. References Abraham, W. and Sivanesan, S., 2014. Construction Industry Payment and Adjudication Act 2012-Will the Act Improve Cash Flow in Malaysia.Const. L. Int'l,9, p.9. Agarwal, S., He, J., Sing, T.F. and Zhang, J., 2016. Gender Gap in Personal Bankruptcy Risks: Empirical Evidence from Singapore.Review of Finance, p.rfw063. Alexander, K.H., 2016. Guidelines to New Chapter 15 Forms.Insolvency Restructuring Int'l,10, p.22. Ali, N.A.N.A., 2016.Statutory Construction Adjudication: Analysis of the New Zealand and Malaysian Legislations(Doctoral dissertation, University of Auckland). Azmi, R., Abd Razak, A. and Ahmad, S.N.S., 2017. Discharge in bankruptcy: a comparative analysis of law and practice between Malaysia, Singapore and the United Kingdom (UK)What can we learn?.Commonwealth Law Bulletin, pp.1-31. Azmi, R., Razak, A.A. and Ahmad, S.N.S., 2017, November. Debts Repayment Scheme and Debts Repayment Plan in Singapore and Malaysia: A Legal Overview. InInternational Research Symposium Series (IRSS)(p. 61). Chan, A., 2016. Global and Regional Practices in Financial Restructuring and Bankruptcy Laws: Lessons to Be Learned from Singapore. InGlobal Insolvency and Bankruptcy Practice for Sustainable Economic Development(pp. 219-264). Palgrave Macmillan, London. Cheah, S., Ho, Y.P. and Lim, P., 2016. Role of public science in fostering the innovation and startup ecosystem in Singapore.Asian Research Policy,7(1), pp.78-93. Chua, H.S. and Bedford, O., 2016. A qualitative exploration of fear of failure and entrepreneurial intent in Singapore.Journal of Career Development,43(4), pp.319-334. Eckbo, B.E., Thorburn, K.S. and Wang, W., 2016. How costly is corporate bankruptcy for the CEO?.Journal of Financial Economics,121(1), pp.210-229. Golden, S.W., 2017. The Delaware of Asia.American Bankruptcy Institute Journal,36(8), p.24. Ibrahim, W.A.B., 2016.Regulatory framework for adjudicators in the Malaysian construction industry(Doctoral dissertation, University of Strathclyde). Jayasinghe, H.M. and Ramachandra, T., 2015. Adjudication practice and its enforceability in the Sri Lankan construction industry.Journal of Legal Affairs and Dispute Resolution in Engineering and Construction,8(1), p.C4515005. Mewomo, M. and Maritz, M., 2017. The experts views on factors influencing the effective implementation of statutory adjudication.Journal of Construction Project Management and Innovation,7(Supplement 1), pp.1877-1892. Peng, M.W., Yamakawa, Y. and Lee, S.H., 2010. Bankruptcy Laws and Entrepreneur?Friendliness.Entrepreneurship Theory and Practice,34(3), pp.517-530. Raji, B.A., Mohamed, A.A.B.A. and Mohammed, N.S., 2017. STATUTORY ADJUDICATION: A GLOBAL TREND FOR RESOLUTION OF PAYMENT PROBLEMS IN CONSTRUCTION INDUSTRY.Copyright@ 2017 Ahmad Ibrahim Kulliyyah of Laws International Islamic University Malaysia Kuala Lumpur, p.419. Saba, H. and Rahman, S., 2016. A Comparative Analysis of Cross-Border Insolvency Proceedings between United Kingdom and Singapore.Bocconi Legal Papers,8, p.131. Todd, N. and Ezeani, E.C., 2016. Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004
Sunday, December 1, 2019
The Facts Of Life [about Homosexuality] Essays - The Facts Of Life
The Facts of Life [about homosexuality] The Facts of Life [about homosexuality] Why you might say, well its up in arms what people think the real cause is, some say nature and others say nurture! What is it ? Well Its all on how you look at it. Nature is the way god made you and nurture is the way of there upbringing. From readings most say its from the nature, quote from the gay male interviewed he said" from the time that I could remember I have always found my same sex more attractive" so its hard to judge because he also said " as I grew up as a young child and played the tough guy sports that my older brother played, I just could not play hard and physical like he did, also my family is one known for there tough guy image so it may had some effect on my views as a young one. " So as the table turns there is times in ones life where they see things that could have been a factor but really I believe its from the start when they were born. The definition for Gay reads "happy and loving " now why is it if these people are said to be loving and happy why is it for society finding it so hard to accept and why does the gays and lesbians have to hide from everyone else! "it was the most difficult thing that I have ever had to do" said Steve and yes that was when he had to tell his parents. Yes he could have not told his parents and kept it a big secret but that is why today the Gay and Lesbian community is so underground and that is because it is to hard for the parents, family, friends and these are the people who make up our society and if the persons family cant accept it then the community will have a harder time. Steve also said " its like having your life taken right from your hands when the family refuse to talk to you", and that has to be the hardest thing that he has ever done to his family. But its natural he said when they hear that news they start to think what have we done and I remember Steve telling me the day he told his parents he said " Chris I don't think its a great idea that we talk for a bit" I could not understand till he told me his parents would not accept it and he not to talk to anyone of the kids around him, they thought he was evil. As of today Steve is now talking to his mother and father and both his sister and his brother, Steve said " now the family knows I don't care what they say or how they tell and its made my life so much more enjoyable, because there is no more things to hide!!! " . The mental aspect about the Gays and Lesbian is the pressure to "Coming out of the closet " This is like putting all your cards on the table because you have a chance of loosing everything (your friends and family). Is this worth it? Do you think a gay person has the chance to change back to a headeralsexual person again! Its is said to be a thing you a born with or that's what the gays and lesbians say. Its to my believe that you can change some body back because the way I see it, its all like a cult because when the said if your unsure of your sexuality it is easy to defected to that of the sexuality being stressed. I believe its also a brain wash system, because if you look ways back to 1900's and even up to the 1950,s there was no suck thing as the Gay and Lesbian community it's all been very well hidden or its a new thing maybe that is what it is. Steve said " I have known people who have been married for 20 years and are now coming out" see this not what its about these people see the live the gays and lesbians lead they think its fun and free well its just the same as mine and your life we live said Steve, you wake up and go to work then come home and then go to bed its all the same. So its to
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