I'll be 60 years old this year - a true flower child at heart. Love, Peace, Equal Rights. And as my generation grew up we lived those values and life slowly changed. Something's happened - there's been a shift and in my opinion an ugly shift. It's like all the small-minded Americans banded together with the goal of homogenizing America. When did the right to personal freedom end and when did religion (your religion) have the right to rule this country -me? When did it become OK for personal relationships to be judged as good or bad - appropriate or inappropriate?
America - Home of the Free. Home of Choices.
Politicians, stop trying to cram down our throats what your American Dream of life looks like. It's certainly OK to have that dream - what's not OK is to expect my dream to look like your dream. No 'dream' is better or worse, it's simply different. Isn't that the essence of America, a country that began with people who were not allowed to live a life they honored?
Be careful America. Remember Hitler - one crazy man's hatred made history. Can't happen again - really?? Isn't it already happening? What's the difference between Jews and Gays - Germany and America? It's just the 'flavor of the times' and geography. Why can madness take over? Because we - my generation - the majority of which just pass the buck, knowing someone else will do it. Making doing nothing OK. It's not. History cannot repeat itself and for that to happen - we must use the system - the same system that's removing our Rights now. Where are all the lawyers and judges? History credits the breakdown in German Courts of lawyers & judges that allowed Hitler his power. Lawyers and Judges please stand up and honor the law! Not as a democrat or a republican, moderate or conservative, but as scholars of America. My husband used the bankruptcy laws in a Federal Bankruptcy Court to allow a gay couple to file jointly. That was a challenge - but he found a way. He made a difference for one gay couple. My husband can't be the only brave attorney in America that worked hard to make a difference for a couple who's choices were different than his.
It's time for all of us to come out of the closet and voice an opinion that allows everyone their personal lifestyle and choice. If not, where do you draw the line? Personally, I think we should outlaw mohawk haircuts. Yuk!!
In the previous Blog I discussed Reaffirmation, which is one of the ways for a debtor in Chapter 7 bankruptcy to keep property secured by a lien such as an automobile. There are alternatives to reaffirmation. There are two ways to eliminate a debt secured by property, one of which is to give the property back to the creditor and the other allows you to keep the property by redeeming it as allowed by the bankruptcy laws.
The kinds of property that can be redeemed is limited to consumer goods which are used primarily for household purposes, such as furniture, a refrigerator, washing machine, dryer, personal computers, televisions and automobiles. The advantage only works to the debtor's advantage if the creditor is underwater (upside down) with its debt. When the collateral is worth less than the debt you only have to pay the creditor what the property is worth rather than the entire debt. An example would be if you owe a computer company $2,000 on a PC that is only worth $500, you would only have to pay the company $500. The only disadvantage is that you have to pay the creditor in cash. Having to pay cash is often a challenge for many individuals just emerging from bankruptcy. In the right situation redeeming consumer goods can work a lot better than a reaffirmation agreement.
To redeem property requires a court order. Your lawyer files the appropriate documents with the Bankruptcy Court, a hearing is set at which time the court places a value on the property. You pay the creditor cash for the value of the property determined by the court and the creditor releases its lien. You now own the consumer good free and clear of debt.