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GLD 399.02+0.1%Dec 19 4:00 PM EST
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To: Maurice Winn who wrote (77031)7/29/2011 7:49:37 PM
From: Ilaine  Read Replies (2) of 218645
 
>>Do you get some contracts rejected by judges as unenforceable due to obvious mental incompetence which creditors ignored in their formation of a contract?

Mq, we don't even go there.

If the debtor is insolvent, that's all we need to prove for your basic consumer bankruptcy. The burden of proof as to whether a debt is dischargable or not rests on the creditors, the debtor does not have to prove that his/her debts are dischargeable.

There may be creditors who have claims that the debtor committed fraud or something else bad but I never have those cases.

I file the petition and the schedules, and after review by a trustee appointed by the court, the dischargeable debts are discharged, and the debtor gets a fresh start.

If you want to understand the culture of US bankruptcy law, I recommend The Devil and Daniel Webster. The movie is especially fine. Walter Huston as the Devil is delicious.
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