Before passage of the 2005 Bankruptcy Reform Act, our modern bankruptcy laws were actually rooted In Deuteronomy 15. Deuteronomy provides for compassion and understanding to Release people from the suffering and bondage of debt and debt obligations every seven years. It is referred to as the LORD'S Release or Jubilee. The 2005 Bankruptcy Reform Act, supported by those professing a moral purpose, is destructive of those ends (See Declaration of Independence). The new law extends the period of time that a debtor may file again and seek a Release from six to eight years. By setting the Release to standards set by Credit Issuers Congress has violated Deuteronomy. The effect of the 2005 Bankruptcy Reform Act may be exactly what Deuteronomy intended to avoid: binding the hands of the needy, beating the brow of the oppressed, reducing to wanting the suffering, the elderly, single mothers, the sick and the infirmed. The Democratic leadership was wrong in trying to pass an amendment to deny a discharge for Abortion Clinic bombers, because Bankruptcy Code Section 523 already did that. So too, was the Republican leadership, supposedly elected with a moral purpose, wrong in passing the 2005 Bankruptcy Reform Act without debate, without argument, and without any opportunity for amendments intended to protect people over the strangle hold of the Credit Issuers, as Deuteronomy intended. The 2005 Bankruptcy Reform Act passed in violation of Deuteronomy and quite possibly the spirit, if not the letter, of the Declaration of Independence (See, Declaration of Independence and Deuteronomy posted to this website in the Changes in the Law link).
Had the existing Bankruptcy Laws been strictly enforced by the Courts, Credit Issuers, and the United States Department of Justice through its Office of the United States Trustee all of whom are responsible for such oversight, quite possibly there would have been no need for such drastic legislation and violations of the foundations of our society. But that is merely the opinion of one lawyer, and through this website we encourage you to read our articles and debate the issues with others as the Founding Fathers intended. To debate and question is the foundation of our democracy. It is not un-American, and it is not un-patriotic.
The articles found in this Bankruptcy Law Section are informational only, and are intended to guide the reader to find issues upon which they should seek legal consultation and advice based upon their own facts and circumstances. Nothing in these articles should be construed as the rendering of legal advice or an opinion. Where the article references other webpages, the reader is encouraged to visit those webpages and conduct their own research. Further questions and terminology are found throughout www.Esbinlaw.com Contact Us.
"When experience counts, count on experience." Thank you. The Law Offices of Louis J. Esbin.