Saturday, February 11, 2006

Judge takes Congress to task in bankruptcy case

Alfonso Sosa, a house painter here who made about $20,000 last year, filed for bankruptcy the morning of Dec. 6, hoping to avoid the foreclosure on his family's mobile home scheduled for later that day. Judge Frank Monroe of Austin rejected the case 16 days later — with a bang.
In his ruling, Monroe said the new federal bankruptcy law is full of traps for consumers, calling some of its provisions "inane," "absurd" and incomprehensible to "any rational human being."
He stopped just short of accusing Congress of being bought and paid for, dryly noting, "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."
Ordinarily, a case such as the Sosas', which primarily concerns a mobile home and land valued at $32,840, would quietly disappear into court archives.
But Monroe's order has caught fire in the world of bankruptcy and consumer law. It's being debated on law blogs and circulated across the country.

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