August 07, 2006

Do I detect a note of sarcasm? From two recent court decisions, concerning the perfect law our Congress passed last year:
"During hearings before the Senate Judiciary Committee, evidently testimony was received suggesting that BAPCPA (the Bankruptcy Abuse Protection and Consumer Protection Act) was perfect." S. 256 Hearings before the Senate Judiciary Committee, Feb. 10, 2005
--In re TCR of Denver, LLC, 338 B.R. 494, 498 (Bankr.D.Ct. 2006)

"It has been reported that a "technical amendments" bill is in the works to fix various glitches in BAPCPA, notwithstanding Congressional testimony that it was so perfect that not a word need be changed."
--In re McNabb, 326 B.R. 785, 791 (Bankr. D.Ariz. 2005) It's been sort of a pet hobby of bankruptcy judges, trying to figure out the most poorly drafted, idiotic and/or bizarre passage in the law, and throwing it back into the face of its hubristic supporters. Shows what happens when you let the bottom third of our nation's law schools band together to draft laws in our nation's Capitol.

No comments: