Concept - Part I

I am sure that my tiny, loyal, but growing readership really reads my entries for my intro commentary as opposed to actual substance.  This post is no different, there is some pre-game commentary, in this a quasi self-congratulotory statement.

I think almost anyone who knows me, realizes that I am, um, well different than most.  See the name of this blog.  It goes without saying that I learn things a little differently than most.  Since as early as I can remember, I've never been able to learn by listening to teachers talk.  I spent the vast majority of my classroom time day dreaming, doodling, and by law school playing online poker.  I can honestly say in undergraduate and law school I may have went to office hours or extra study session once or twice.  I am not lying.

I learn things via observation and reading about it.  Regarding reading about the law, I do not read practice guides -  I read the statutes, the cases, and the secondary sources.  By observation, when I am sitting through boring-ass calendars I watch what happens and try to make mental notes about what might be useful later.  Finally, I try to synthezize into some useful broader concepts that help me analyze situations that are novel.

I really think bankruptcy law can be condensed into almost one sentence, which I am more or less paraphrasing from various cases

"the purpose of bankruptcy law is to allow debtors a chance to re-organize (or fresh start)   his/her/their financial affiars, in a manner which is fair and equitable to creditors, equity interests, and any other party in interest"

That is it.  For the purpose of this series we will call this the Concept.  Arrogant, I know.  But I don't give a fuck, it is my blog and I can quote Winston Wolf all I want.

I hate to rag on Chapter 13 some more, but Chapter 13 for the most part is about mechanics.  The means test says you can't deduct that, the applicable commitment period is this, cable bills can't exceed $40, plan payments must be made monthly on the day the case was filed, and the list goes on and on.

That kind of stuff doesn't float my boat.  Nor does chasing down clients for cashier's checks on the day of the confirmation hearing.  I am not into lengthy rules written and unwritten that are about procedures and rules that have nothing to do with my above concept, and more to do with some sort of bizarre power play over debtors and counsel.  If someone feels the need to put down consumer debtors like that, I postulate said person spent most of high school stuffed in a locker,  most of college being that weird guy in your pledge class with a lot of comic books, and most of law school laughed at because he or she thought moot court was real. 

So this series will attempt to apply the "Concept" to certain situations and see if it helps us resolve from some common problems in Chapter 11 and other Chapters as need be.