Comments on: Now Playing in a Bankruptcy Court Near You http://www.concurringopinions.com/archives/2006/08/now_playing_in.html The Law, the Universe, and Everything Sat, 21 Nov 2009 21:19:19 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: tim zinnecker http://www.concurringopinions.com/archives/2006/08/now_playing_in.html/comment-page-1#comment-57383 tim zinnecker Tue, 22 Aug 2006 22:40:41 +0000 http://www.solove.org/archives/2006/08/now-playing-in-a-bankruptcy-court-near-you.html#comment-57383 File this under "so tell us how you REALLY feel about it." In commenting on the "credit counseling" requirement now found in BC 109(h), oft-quotable Bankruptcy Judge Jay Cristol recently said this: "The Court fully agrees with the basic concept adopted by Congress in regard to credit counseling. It is a good thing and should be required for and provided to every high school senior as a prerequisite to graduation. So timed, the counseling would be of immense value to millions and would no doubt have a positive effect in reducing the number of bankruptcy filings of certain types of cases. Unfortunately, the requirement for creditor [sic] counseling immediately prior to and as a prerequisite to filing bankruptcy is similar to locking the barn after the horse is gone. The present statutory requirement is the equivalent of requiring a person who has suffered a heart attack to listen to a lecture on exercise, diet and the evils of cholesterol before allowing such person to undergo open heart surgery." In re Petit-Louis, 344 B.R. 696, 701 (Bankr. S. D. Fla. 2006). File this under “so tell us how you REALLY feel about it.” In commenting on the “credit counseling” requirement now found in BC 109(h), oft-quotable Bankruptcy Judge Jay Cristol recently said this: “The Court fully agrees with the basic concept adopted by Congress in regard to credit counseling. It is a good thing and should be required for and provided to every high school senior as a prerequisite to graduation. So timed, the counseling would be of immense value to millions and would no doubt have a positive effect in reducing the number of bankruptcy filings of certain types of cases. Unfortunately, the requirement for creditor [sic] counseling immediately prior to and as a prerequisite to filing bankruptcy is similar to locking the barn after the horse is gone. The present statutory requirement is the equivalent of requiring a person who has suffered a heart attack to listen to a lecture on exercise, diet and the evils of cholesterol before allowing such person to undergo open heart surgery.” In re Petit-Louis, 344 B.R. 696, 701 (Bankr. S. D. Fla. 2006).

]]> By: Seth R. http://www.concurringopinions.com/archives/2006/08/now_playing_in.html/comment-page-1#comment-57382 Seth R. Fri, 18 Aug 2006 19:37:02 +0000 http://www.solove.org/archives/2006/08/now-playing-in-a-bankruptcy-court-near-you.html#comment-57382 Not to mention that a Federal District Judge in Texas recently held that section 523(a)(4) is unconstitutional. Same with a state judge in Georgia. The Brooks opinion was a hoot. What?! Changing the connector "or" to "and" in a list of statutory elements significantly alters the statute's meaning? Impossible! I guess this is what happens when you let credit card lobbyists write your legislation for you. Not to mention that a Federal District Judge in Texas recently held that section 523(a)(4) is unconstitutional. Same with a state judge in Georgia.

The Brooks opinion was a hoot.

What?! Changing the connector “or” to “and” in a list of statutory elements significantly alters the statute’s meaning?

Impossible!

I guess this is what happens when you let credit card lobbyists write your legislation for you.

]]> By: tim zinnecker http://www.concurringopinions.com/archives/2006/08/now_playing_in.html/comment-page-1#comment-57381 tim zinnecker Fri, 18 Aug 2006 16:34:31 +0000 http://www.solove.org/archives/2006/08/now-playing-in-a-bankruptcy-court-near-you.html#comment-57381 Here's another quote, from bankruptcy judge (and part-time UNLV law prof) Bruce Markell: "Section 522(p) is one of many examples of poor drafting in the new bankruptcy law ...." In re Kane, 336 B.R. 477, 481 fn. 7 (Bankr. D. Nev. 2006). Here’s another quote, from bankruptcy judge (and part-time UNLV law prof) Bruce Markell: “Section 522(p) is one of many examples of poor drafting in the new bankruptcy law ….” In re Kane, 336 B.R. 477, 481 fn. 7 (Bankr. D. Nev. 2006).

]]> By: fishbane http://www.concurringopinions.com/archives/2006/08/now_playing_in.html/comment-page-1#comment-57380 fishbane Fri, 18 Aug 2006 08:29:27 +0000 http://www.solove.org/archives/2006/08/now-playing-in-a-bankruptcy-court-near-you.html#comment-57380 I do wonder if a certain Volokh resident might stop by...? I do wonder if a certain Volokh resident might stop by…?

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