BANKRUPTCY AND DIVORCE
Posted: Fri Jul 09, 2010 8:44 am
David and Dennis,
Historical correction. There is a Constitutional mandate that Congress enact uniform laws on Bankruptcy (and Immigration). The first bankruptcy laws were enacted in 1800 and repealed in 1803, coincidentally during Jefferson's term in office. Several other enactments followed in response to interim economic panics prior to the enactment of the 1898 Act.
Jefferson's words are as true today as they were in 1802: "I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people even allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake up homeless on the continent their fathers conquered." Thomas Jefferson, 1802.
They are that much more prophetic as it relates to the power of banks today upon our elected officials through lobbying and political contribution, and when coupled with those of the Founding Fathers in the Declaration of Independence, should give each of us cause to be concerned that: "Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
Just the musings of one soul. Best to all. Lou Esbin
>
> So neither David, nor I, filed.
>
> Sent from my iPhone
>
> On Jul 8, 2010, at 8:46 PM, "David A. Tilem" wrote:
>
> There is NO CONSTITUTIONAL RIGHT to file bankruptcy.
> For about 100 years we did not even have a bankruptcy law in this Country.
> For many years (much more recently) people who could not afford to pay the filing fee were unable to file bankruptcy.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
mjmannbk
> Sent: Wednesday, July 07, 2010 12:50 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: BANKRUPTCY AND DIVORCE
>
>
>
> There are a lot of missing facts here.
>
> 1. Each party has management and control of CP, therefore wouldn't
> either party be able to file bk, even though it would affect CP,
> besides, as pointed out the right to file bankruptcy is in the
> constitution.
>
> 2. How is title held to the house? How much equity is in the house,
> after sales & trustee commissions? If this community assets pays
> off community debt how is that unfair, wouldn't any remaining
> balance be split equally.
>
> 3. How is title held to the car? How much equity in the car?
>
> 4. There is the issue of exemptions, which was discuss earlier this
> year. The filing spouse, which set of exemptions did he use?
>
> Marvin Mann
> 2706 Artesia Blvd
> Redondo Beach, CA
>
The post was migrated from Yahoo.