Bankruptcy Wizard
In my 12 years of doing this, the bankruptcy court is very even handed as it's a court of equity. However, every judge that I have had a chance to watch or stand before, has been very pro debtor. I have watched the Trustee try to dismiss many Chapter 13s and the judges always give the debtors more chances to catch up or file the right paperwork.
That doesn't mean that creditors lose often or that they win often. The code is actually on the side of the debtor as a protective shield. But, the interpretation of the law can be tough and unsympathetic to an individual's circumstances. As one judge put it bluntly, sometimes the court can't overcome certain choices made by the debtor despite the additional hardship it could cause. The code was meant to give the debtors a fresh start and not a head start.
That doesn't mean that creditors lose often or that they win often. The code is actually on the side of the debtor as a protective shield. But, the interpretation of the law can be tough and unsympathetic to an individual's circumstances. As one judge put it bluntly, sometimes the court can't overcome certain choices made by the debtor despite the additional hardship it could cause. The code was meant to give the debtors a fresh start and not a head start.
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