My conversation with a judge..... at a bar RE: the poor.

[liberalitch]

This guy is a judge who regularly drinks at the same place I do (Crackers in Norfolk) I said where..... so I won't say who.
BUT ANY WHO..... he is not particularly liberal or conservative.... real mixed leanings you know.
We were talking about the new bankruptcy law and the pending cuts in social programs to pay for katrina and he said something to the effect of this: I think that (after 10/17) many judges will side with the debtor because they will see the deck as stacked against them. In other words, he could see more judges being less likely to grant judgements against debtors in favor of the creditor. That they will start asking creditors questions like: Did you try to work out a manageble, flexible repayment plan?
(I know from experience most creditors would have to answer "No".... blood sucking bastards!)

Anyway I found some relief in that..... damned activist judges!

[Missy M]

1. I hope he is right.

[Wickerman]

2. Glad to hear it

and you are dead on about the debtors never being asked to work out a reasonable payment plan. I have a family member who just went through a series of crisis that resulted in draining of savings, loss of a paycheck and huge medical bills that her expensive insurance didn't come close to covering. No one gave her the option of a viable repayment plan - it was always a lump sum payment due by weeks end or the harrassment would increase. :puke: How do you pay lumps sum when you don't have money for the lights or to eat more than a meal a day?

[The Backlash Cometh]

3. I guess the opinion will entirely depend on what judge you get.

[2Design]

4. cc agreements were changed to binding arbitration

most companies have over the last 5 years gone that direction - they won't even get to court - they have been laying the foundation to continue their loan sharking activities

[niallmac]

5. We need less Crusades and more Compassion

Speak out for those who cannot speak,for the rights of all the destitute. Defend the rights of the poor and needy. —Proverbs 31:8-9

[jzodda]

6. Its not only the Judge

Some of the new rules will hamstring the Judge because some of it goes according to complicated formulas regarding income and assets. So the judges in many cases "may" have little latitude and this was partly the intention of the new law.

I guess we will have to see what happens. I await to see what the unintended consequences of the law will be and any loopholes the lawyers will find to get around the nastier elements if possible.

[liberalitch]

7. that would be when (if) it went to bankruptcy court....

the stage he was talking about is the judgement stage where liens and garnishments are sought