Sunday, February 05, 2006

The Future of Bankruptcy....

...seems like the future of sentencing. Awful laws that bind a judge's hand and take away all discretion which lead to judicial opinions railing against those laws but applying, nonetheless, them because they have no choice.

Here's an opinion by a Texas United States Bankruptcy Judge named Frank Monroe. In it, he rails against the "Bankruptcy Abuse Prevention and Consumer 'Protection' Act" (please notice the extra set of quotations marks around 'protection' -- oops, i did it again.)

My favorite part of the opinion is where Judge Monroe finally takes formal note of what is painfully obvious from the shape of the legislation -- it was purchased by credit card companies. Or as the judge says, "Apparently, it is not the individual consumers of this country that make the donations to the members of Congress that allow them to be elected and re-elected and re-elected and re-elected."

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