Thursday, February 2, 2006

Bankruptcy Judge in Texas Savages New Bankruptcy Bill

The full opinion is here:  Download monroe_opinion.pdf.  An excerpt:

Those responsible for the passing of [the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005"] did all in their power to avoid the proffered input from sitting United States Bankruptcy Judges, various professors of bankruptcy law at distinguished universities, and many professional associations filled with the best of the bankruptcy lawyers in the country as to the perceived flaws in the Act.  This is because the parties pushing the passage of the Act had their own agenda.  It was apparently an agenda to make more money off the backs of the consumers in this country.  It is not surprising, therefore, that the Act has been highly criticized across the country.  In this writer's opinion, to call the Act a "consumer protection" Act is the grossest of misnomers.

The whole opinion (which is short) is worth reading.  Post it in your faculty lounge.

Of Academic Interest | Permalink

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