25
Jan
10

The Feds

I had the opportunity to try a case in the Bankruptcy Court of the Western District of North Carolina last Thursday.  A trial in any other court would be as fun…

The issue is basically whether a certain debt to a law firm should be discharged from bankruptcy or not.  However, one of the sub-issues is actually what part of the Bankruptcy Code applies.  There is a section 523(a)(2)(a) which deals with fraud and false pretenses “other than a statement about the debtor’s financial condition” and then there is 523(a)(2)(b) which applies only to written statements.  Here’s one of those times when the actor in me really wanted an “audience”–a jury rather than a judge, so that I could give a passionate closing argument.  My first sentence would of course been: “2(b) or NOT 2(b), that is the question…”

Maybe it’s better I didn’t get that opportunity.  The judge is taking the matter under advisement.

Meanwhile, the federal courthouse was either extra safe or extra scary for those of us dropping by last week, as the MS-13 trial continued.

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