Justice Dept Says It Won't Enforce New Bankruptcy Laws

[AnnInLa]

http://www.tpmcafe.com/story/2005/10/10/112619/88

Justice Dept Says It Won't Enforce New Bankruptcy Laws

By Elizabeth Warren | bio

From: Warren Reports
In the latest twist in the Bankruptcy Potboiler, the Justice Department has announced that it will waive enforcement of portions of the new bankruptcy law for Louisiana residents and some Mississippi residents. They got it right: On the eve of the effective date of the new laws, they see that the bill is a terrible mess for people who are in desperate financial trouble. Hurrah for the Justice Department for saying they will back off this terrible bill. Notice that to provide even minimal protection for people following a catastrophe, the Justice Department must offer wholesale waiver of enforcement of multiple provisions that Congress specifically put into the bill. That's pretty strong evidence that the changes in the law are going to have a hard impact on families in trouble--including those who don't get a special hurricane break.

But the Justice Department action raises another question: Can they solve this problem alone?


Oct 10, 2005 -- 12:55:5

[Kagemusha]

1. I guess one tiny good thing about executive branch dominance is

when it drags its feet on something, it's very hard to get it to stop dragging its feet. And this puts the onus on the other branches to try and force it.

[shraby]

2. Can they selectively enforce the law?

I don't think they can. It would have to apply to everyone across the board. If they exempt one, they exempt all.

[Kagemusha]

4. Well, a waiver and an exemption are not the same at all...

Example: Letting off a driver with a busted tail light with a warning. The law still applies to the driver but, the executive branch law enforcement official is not required to turn his brain off and blindly enforce the statute. While he must maintain the rule of law - by saying, get in compliance with the law, or else - there is room for leniency, clemency, mercy, etc., like with pardons and stays of execution in death penalty cases. And I explain this because it is an important issue. Selective enforcement of the law justified by the circumstances present is not exempting anyone from the law, but rather, merely not enforcing it in ignorance of the best interests of the People as a whole.

Now generally prosecutors are far too egg-headed to actually exercise the privilege of clemency but, that doesn't mean they can't, and that doesn't mean any of us have a genuine interest in a society that tries to enforce all laws in consciously stupid manners to make a point.

[NVMojo]

5. I wondered the same thing???

[rustydog]

3. Adelphia can claim bankruptcy and that is ok...

congressmen tried to get exemptions for civilians of natural disasters but
Business friendly Bush and Republican fucks said NO!

Businesses can be run into the ground, CEO's can be paid millions to ruin the businesses and then file for bankruptcy but people devastated by floods, medical emergencies or divorce are told to get lost.

Where is toby keith when we need a jingoistic tune?

[OneBlueSky]

6. that's good, but how about everyone else? . . .

this law is nothing but a give-away to credit card companies, bought and paid for by same . . . with significant Democratic support, I might add . . .

[hiley]

7. very good

I hope their eyes are opened to the problem this bankruptcy law causes for the rest of the low-income Americans.
Maybe, they will change it back someday.:shrug:

[bullimiami]

8. im sorry but this is bullshit. either they are laws or not.

the so called justice department has no business whatsoever deciding which laws to enforce and on whom.
congress needs to fix what they screwed up.

this is illegal on its face. hoorah? fuck no. its just more corruption of the system.