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Re: BK judges seem to make their own rules

Posted by Bill H on April 09, 2003 at 1:26 PM

In Reply to: BK judges seem to make their own rules posted by Lughead on April 07, 2003 at 11:18 PM

: hello

: we have a note where the trustor declared ch 13

: the judge 'pre-ruled' to accept her plan and pay ZERO percent on our advance to a senior lender - claiming that it is interest on interest

: how can a judge be so narrow minded?

: if he does rule to confirm the plan - is there at least some way to file our NOD to get the clock ticking that if/when she defaults that we don't have to seek RAS at that time and wait for the 3 months on the NOD

: seems like the BK system is abused and that the judges allow deadbeats to manipulate the system

: any ideas?/comments?

: thank you
: Lughead

Hey Lug:

Like Ward said, "Nobody ever said the world is fair." Let me tell you what happened to a friend of mine in a very southern state where "The Good Ole Boys" reign supreme. He went into court and almost as soon as he was sworn the judge started to admonish him with, "Young man I know you think you know what the law says in this case. Young Man I know you think you know how this case shold come out. Young man I know you think you have everything on your side in this case." "BUT: Young man let me tell you something.....This is my court, this is my venue and the law is going to say exactly what I say it says....Do you understand me?" My friend got in the last two words, "Yes Sir." --- He lost. That old cliche about all is fair in love and war may be correct but not in the courts of our great land.

Good Luck ------>Bill


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