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Judges Say Overhaul Would Weaken Bankruptcy System -LAT

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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:19 PM
Original message
Judges Say Overhaul Would Weaken Bankruptcy System -LAT
Edited on Tue Mar-29-05 09:22 PM by Rose Siding
WASHINGTON — For nearly a decade, proponents of overhauling the nation's bankruptcy laws have described their aim as ensuring that Americans who enter bankruptcy court do not escape bills that they can truly afford to pay.

But only weeks before Congress is likely to approve the long-sought overhaul, bankruptcy judges across the country warn that the measure would undermine the very section of the law under which debtors are now repaying more than $3 billion annually to their creditors.
....
"The folks who brought you 'those who can pay, should pay' are pulling the stuffing out of the very part of the bankruptcy law where debtors do pay," said Keith Lundin, a federal bankruptcy judge in the eastern district of Tennessee in Nashville and an authority on bankruptcy repayment plans.
....
"They're part of the … problem," declared Jeff Tassey, a Washington lobbyist who heads the coalition of credit card companies, banks and others that has spearheaded the overhaul drive.

"They're not real judges, not Article 3 judges," Tassey said. He was referring to Article 3 of the U.S. Constitution, under which judges in the regular federal court system are appointed for life. Bankruptcy judges are appointed under Article 1 to 14-year renewable terms.

http://www.latimes.com/news/nationworld/nation/la-na-bankrupt29mar29,0,5757172.story?coll=la-home-nation
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grannylib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:21 PM
Response to Original message
1. Wall Street Welfare should be our mantra on this one; it's a windfall for
the credit card companies and for those who need it least but would gain the most.
Government of, by and for the wealthy. Yippee.
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AlCzervik Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:23 PM
Response to Original message
2. i'm pretty sure that was the goal, eat the poor and leave the loop holes
in for the millionaires.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:26 PM
Response to Original message
3. Isn't it too late for this discussion?
I thought this was all voted on and approved already. Can they still change it without ammending a law?
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cosmicdot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 11:19 PM
Response to Reply #3
7. the Senate voted; the House vote is soon ...
For Immediate Release: March 28, 2005

For More Info: Bob Fertik bob@democrats.com

Web site: http://debtslavery.org

Democrats.com Launches Grassroots Campaign To Defeat "Debt Slavery" Bankruptcy Bill in the House

Democrats.com, the leading online community of Democratic activists, launched a grassroots campaign to defeat the "Debt Slavery" Bankruptcy Bill in the House of Representatives.

The House is expected to vote on the Bankruptcy Bill next week when it returns from its two-week Easter recess.

"Because House Majority Leader Tom DeLay runs the House so ruthlessly, most observers expect the Bankruptcy Bill to sail through without opposition," said Bob Fertik, president of Democrats.com.

"For those who believe Tom DeLay is unstoppable, I have two words: Terri Schiavo," Fertik said.

Two weeks ago, Tom DeLay pushed seemingly unconstitutional legislation through Congress to force Federal courts to consider Schiavo's case, even though guardianship disputes are purely state law matters.

"Right now, murder is being committed against a defenceless American citizen," DeLay said at the time. "Mrs Schiavo's life is being violently wrenched from her body in an act of medical terrorism. What is happening to her is not compassion, it is homicide."

Afterwards, public opinion turned solidly against DeLay's actions, with 75% saying it was "not right" for Congress to intervene. Approval ratings for the Republican Congress have hit record lows as a result.

"Tom DeLay's political career is on a respirator," according to Fertik. "DeLay is being investigated for crimes in Texas and Washington DC. Today even the far-right Wall Street Journal editorial page condemned DeLay for his corruption. If the Journal opposes DeLay, his days are definitely numbered," Fertik said.

To fight the Bankruptcy Bill, Democrats.com unveiled a new Web site at http://www.DebtSlavery.org.

"Middle-class Americans who use a credit card need to understand the dire impact this bill will have on their lives," Fertik said. "This bill prevents middle class citizens from discharging their debts through Chapter 7 bankruptcy, and turns them into debt slaves for the credit card companies which bought George Bush's campaigns," he added.

According to today's Washington Post, credit card behemoth MBNA was the fifth-largest contributor to Bush's two presidential campaigns. MBNA, Credit Suisse First Boston LLC, Bank of America Corp. and Wachovia Corp. were among the top 20 contributors to Bush, contributing more than $300,000 apiece.

http://www.washingtonpost.com/wp-dyn/articles/A3796-2005Mar26.html

"This bill is Republican corruption at its worst, and the embodiment of everything Tom DeLay stands for. We will expose the connection between the greedy credit card companies and the corrupt Republican Party, and force every Member of Congress to choose between the voters and the loansharks," Fertik concluded.
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AzDar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:27 PM
Response to Original message
4. I am still convinced that most Americans, Repub and Dem, are for the
most part unaware of the true malice and unfairness inherent in this Bill. When they find out the details, Hell will be coming to breakfast. Those legislators responsible for this clusterfuck will be held accountable..(as well they SHOULD be).
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:31 PM
Response to Original message
5. A majority of Dems voted against this and Clinton vetoed it the first time
Edited on Tue Mar-29-05 09:33 PM by w4rma
the GOP got it through.

While nearly every single solitary Republican voted for this.

It's important that every lawyer knows this and passes that information onto their clients. It's important that folks know that the only way this situation will get better is if Democrats are reelected to the majority again.
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natrat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 09:52 PM
Response to Reply #5
6. that scumbag harold ford and some others voted for it
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Itsthetruth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-05 11:25 PM
Response to Reply #6
8. Why Is The Democratic Party National Committee Missing In Action?
And why isn't the Democratic Party National Committee fighting against this bill? Where is its voice, Howard Dean?

It's unfortunate that individual Democrats must set up ad hoc committee's and non-party websites to fight this bill while the Democratic National Committee and its leaders are missing in action.
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tccoyle Donating Member (21 posts) Send PM | Profile | Ignore Wed Mar-30-05 12:28 AM
Response to Reply #5
9. Lawyers and damn lawyers
While the GOP rammed this through in the Senate, they had help from some Democrats...it passed 74-25 with HC being the only one not voting (Bill in surgery at the time).

It is amazing that ANY attorney would vote for this bill, but many in Congress are attorneys...

We have been posting online, in blogs and talking to clients for months.

Our site has lots of information and ammunition

http://www.cazelaw.com/newlaw.htm

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