MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA
Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993.
In order to understand this Article, please read Part One.
What are the ramifications of the Supreme Court Decision in Bank of America v Caulkett? Why is its construction of the Bankruptcy Code important?
Please note that the Supreme Court Decision in Caulkett only relates to the stripping of Liens in Chapter 7 Bankruptcy Cases. In the Middle District of Florida, specifically, the Bankruptcy Attorney, or the Debtor, may still remove or strip junior liens, provided the lien is completely unsecured.
The Supreme Court in Caulkett, however, completely ignored what the Bankruptcy Laws clearly state as to how junior liens are to be treated in Bankruptcy, and specifically in Chapter 7 Bankruptcies.
The Supreme Court also gave a large benefit to the Lenders or Banks that offer Second Mortgages, Third Mortgages, and other No Equity style loans, typically at less favorable terms to the Debtor, including higher interest rates, balloons, and other devices.
Within the Federal Apparatus of Government, the Federal Courts, the Legislature, and the Executive Branch, there is a strong impetus towards centralization of Government, centralization of banking, control of money, and control of other freedoms, and true Rights, formed by the US Constitution.
When a President governs by Executive Order, in a manner in violation of the US Constitution, one may favor his policies. However, the next President, in exercising Executive Power, may then Unconstitutionally govern in a manner you may despise.
In the realm of the US Supreme Court, the Court, without any Constitutional basis, and contrary to the will of the peoples of many States, created a Constitutional Right for Homosexual Couples to marry. Whether you agree with the outcome, meaning the ability of Homosexual Couples to marry, the process of reaching that outcome violated the Laws and Spirit of the US Constitution, which includes, the powers given to the individual States, to make decisions as to the Health and Welfare of its Citizens.
The next President can declare, by Executive Order, that all Homosexuals be forced to imprisonment in detention camps. A Supreme Court in the future, could, again in violation of the US Constitution, declare that all churches that refuse to marry Homosexual Couples, be stripped of their tax exempt status, or even be permitted to congregate. The point is when our Public Servants act lawlessly, sometimes the pendulum can slice back harshly.
The Affordable Care Act, or Obamacare by its detractors, was a clear usurpation of the powers granted Congress and the Presidency, by the US Constitution, to the States. Any individual State, could, depending on the passage of such Laws by its own State Legislation, create its own Health Care Exchange or Program. That is clearly within the framework of the US Constitution. For a President and Federal Legislature to declare that you must buy health insurance and if you do not you will be taxed, such actions are a clear violation of the US Constitution.
One of the more brilliant prophecies made by the Framers of the Constitution is incorporated into the concept that power should be held less centrally, in the individual States. The individual who does not like the policies of one State can move to another.
After the Supreme Court’s lecherous approval of Obamacare, where will you go when the private healthcare industry and insurers are laid waste, and the implementation of Single Payer begins. What happens if the next President, by Executive Order, then declares that all Citizens, through its healthcare system, must receive mandatory implants, or the tax has now been doubled?
In the Case of Caulkett, the Supreme Court has greatly enhanced the position of the Banks against the interests of the Debtors. One reason the establishment of Bankruptcy Courts is specifically mentioned in the Constitution, is the long history of Enslavement and Indentured Servitude of peoples based upon Civil Debts that they have incurred. The original Slaves in the Colonies were primarily from Ireland and England, as they were Indenture Servants. Australia began for English purposes, as Penal Colony for indebted persons from England.
Highlighted by the 2005 Orwellian named “Bankruptcy And Consumer Protection Act”, the Federal Legislature, its Federal Courts, and its Presidents, have largely contributed to the diminishment of the powers of the Debtors to escape Debts owed to the various Creditors, in the Bankruptcy realm.
Please read our other Blog Articles, The History Of Debtors Prisons And Why Its Important To You, Part One, Part Two, and Part Three.