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Death To The Opt-Out Statutes! Let My People Exempt! Freedom to Choose for Bankruptcy Debtors Everywhere!

By Joseph McDaniel, Esq.

Okay, I'm getting a little too excited for my advanced age and sluggish blood circulation.

But I just had one of those moments of clarity about Opt-Out Statutes and Bankruptcy Law in general.

There was never the slightest reason for them, and they've never done anybody the slightest bit of good. 

You may ask why I haven't mentioned this before, in any of my 600 bankruptcy blog posts.

Well, it's because I was too dumb! Actually, that's pretty close to the truth.

I was still a law clerk for the Chief Bankruptcy Judge here in the District of Arizona Bankruptcy Court when I first ran into the opt-out statute for Arizona, and it was not ambiguous, and there was nothing about it that required my bankruptcy law research skills, so it escaped my notice.

Later, it being settled law, it escaped my focus because it seemed to me that there was nothing I could do about it; after all, I was just a simple, back-country Arizona Bankruptcy Lawyer!

But now I realize that I have built a tool that can reduce suffering among the downtrodden debtors of the United States!

I really built this bankruptcy blog so that I could have the best educated bankruptcy clients in the United States, and it's been a real hoot to write about bankruptcy law and practice; this bankruptcy blog has been a labor of love.

But now I see that there is more suffering than there needs to be in Arizona. And in all the opt-out states of the United States!

So do this, gentle reader, wherever you may be.

Understand that your brother, your son, your sister and your daughter will be filing a bankruptcy sometime soon, because this is a depression, not a recession.

We're running at a 20% real unemployment rate, and you know that just based on the number of your friends who are out of work.

So do this, to reduce the suffering of bankruptcy debtors everywhere: tell your state legislators to repeal your home state's opt-out provision, and give bankruptcy debtors the right to choose between the Federal Bankruptcy Exemptions and your state bankruptcy exemptions.

It's the right thing to do, and this is the right time.

If not now, when? And if not you, then who will save them from that needless suffering?

I'm talkin' to you! Call your legislator now, and kick his behind (or her behind; I'm an equal opportunity legislator kicker, after all) to get all the opt-out statutes in the United States repealed!

Every single one!

Now!


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Full post as published by Arizona Bankruptcy Attorney Blog on November 07, 2010 (boomark / email).