The fellow should resign from the bench and run for the legislature, since he seems to prefer legislating to interpreting the law. Of course the bench is full of such people; more of a problem than the bankruptcy laws.
Or, he could simply resign and look for an honest job, like helping dead beats duck their debts; he seems to have a lot of empathy for them, the business is booming, and there are effective ways to circumvent the supposed tightening that the latest legislation imposes, as several enterprising attorneys have already pointed out.
The judge didn't "legislate" from the bench, since he did deny their petition. And they weren't ducking their debts actually. It was a Chapter 13 debt restructuring. But don't let the facts stand in the way of your rant!
Huh?
Excuse me?
Do you guys have a clue about why laws like bankruptcy laws even exist?
Do you know that in England, around the time of the revolution, if someone went into debt, they would PUT YOUR CHILDREN IN JAIL so that you could keep working?
Do you know that meant that due to disease and abuse there was only about a one in three chance you would ever see you children alive again?
So it's irresponsible if Mr. Bill can't afford his credit card payments, but it's ok for Megabux Inc. to welch out on paying Mr. Bill his health insurance, even though Mr. Bill spent 30 years of his life workin his behind off for Megabux and was promised health care? And the reason Mr. Bill can't afford his cc payments is he has to pay his doctor and he can't afford a lawyer to challenge Megabux?
And a big part of the reason that the largest American companies are FOLDING AS MANUFACTURORS AND RETAILERS is that they decided awhile back that they would MAKE MORE MONEY BEING FINANCE COMPANIES?
Do you know that .08 drinking/driving laws were passed even though 99% of the folks who have .08 are fine? Maybe the real problem lies in repeat offenders? You don't think the same principal applies with credit card abuse?
You must live in a world where people never get sick. Nobodies job ever gets outsourced. Lovers are happy and divorce never happens.
What a paradise.
What a dream.
What an illusion.
Actually this judge sounds like he understands what bankruptcy means and how it affects people in real life. COngress just wanted to protect lenders against high risk borrowers.
Those of use who have actually read the law know it to be 100% garbage and more poorly written than CFR.
The debtor is free to appeal the ruling and have the judges dicta upheld.
It is only a matter of time before someone appeals this.
He did follow the law. He complained about it and criticised it, but he also followed it.
Agreed. That's the more important issue here.
Legislators can be replaced and legislation can be rescinded or changed. Anybody on this thread griping about the bankruptcy laws has the power and opportunity to contact their congressional delegation about those laws and to support candidates for public office who agree with them--or even to run for Congress themselves.
Judge-made legislation by activist judges is forever.