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Old 03-15-2011, 11:24 AM
 
Location: Dallas, TX
31,767 posts, read 28,883,667 times
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Quote:
Originally Posted by Greatday View Post
And that law allows the individual states to "opt out" of the federal exemptions and set their own.
And...? Do states get to mind their own business, disregarding federal laws?
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Old 03-15-2011, 11:24 AM
 
7,871 posts, read 10,151,420 times
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Quote:
Originally Posted by Greatday View Post
And that law allows the individual states to "opt out" of the federal exemptions and set their own.
To a certain degree, state laws have to also be observed in the process.

But ultimately it is a Federal procedure.
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Old 03-15-2011, 11:26 AM
 
Location: Pinal County, Arizona
25,100 posts, read 39,330,228 times
Reputation: 4937
Quote:
Originally Posted by EinsteinsGhost View Post
And...?
And what?

Many states have done so and set their own exemption limits. As a result, many of those who intend on filing BK (known as debtors) relocate to states when the exemption limits are beneficial to them.
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Old 03-15-2011, 11:28 AM
 
Location: Pinal County, Arizona
25,100 posts, read 39,330,228 times
Reputation: 4937
Quote:
Originally Posted by Strel View Post
To a certain degree, state laws have to also be observed in the process.

But ultimately it is a Federal procedure.
While based in Federal, I'd suggest you get the rules of court for the state you are interested in filing BK in -
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Old 03-15-2011, 11:28 AM
 
11,944 posts, read 14,814,198 times
Reputation: 2772
Quote:
Originally Posted by 58robbo View Post
republicans generally support the 10th amendment and states rights. granted, they never follow through but in rhetoric, they definitely support a limited federal govt. everyone knows all that and i don't want to discuss that in this thread.

what i want to know is why democrats are so opposed to the idea. along with our votes and scotus, seccession and nullification were powerful safeguards to our constitution. these have pretty much been discarded to the dustbin of time and it is to our detriment. if we elct a republican president, house and senate, those in democrat states have to live under gop oppression and vice versa. it really doesn't have to be that way. if the federal govt were once again limited, the states could do waht they wanted and we'd all have a choice as to what govt we'd want to live under
Why do you presume democrats are left? Your definition of left is warped. If malevolence has taken over the Republican party it would explain why so many conservatives have been alienated & feel themselves not represented. Continuing to bash democrats for the sickness that took hold of republican party serves no other purpose than to distract them from their own waywardness.

States rights never went anywhere. It's all about how people go about things using it to scapegoat citizens against citizens. It's how someone like Rand Paul failed to articulate his position or present meaningful solutions but instead plays cards close to the vest only to spring yet another lockstep trap through legislation. Mostly what I see coming from libertarian thinking is a negation of any and all responsibility. They're better suited living in a commune than demanding to be in office only to negate the job requirements. Irrational to say the least.
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Old 03-15-2011, 11:28 AM
 
Location: Dallas, TX
31,767 posts, read 28,883,667 times
Reputation: 12341
Quote:
Originally Posted by Greatday View Post
And what?

Many states have done so and set their own exemption limits. As a result, many of those who intend on filing BK (known as debtors) relocate to states when the exemption limits are beneficial to them.
Ummm not without constraints. Do states get to mind their own business, disregarding federal laws?
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Old 03-15-2011, 11:31 AM
 
16,545 posts, read 13,485,445 times
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Quote:
Originally Posted by Strel View Post
Which is part of my point.

States have their own laws already in most areas, so where is the motivation to revive the 10th?

I can't see any good coming from it.
What do you even mean by "revive the 10th"? It wasn't repealed so it still exists. If it still exists, then it still has meaning.
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Old 03-15-2011, 11:31 AM
 
7,871 posts, read 10,151,420 times
Reputation: 3241
Quote:
Originally Posted by 58robbo View Post
leftist, liberal, you're just arguing semantics here. i could classify myself as a classical liberal but most would draw the wrong conclusion. we all know what was meant by eg's post.
I think you just contradicted yourself. It is much more than semantics. I'll spare you a posting of the dictionary definition of liberal, since you basically describe the one I am talking about above, so you know better.

I'm tired of being labeled a "leftist" when I am no such thing by people ignorant of the original meaning of the word liberal.

Quote:
it might make sense to you. i disagree, going to a different state should be like going to another country, except you should be free to do so.
Which would be expensive, inefficient and a real boon to every lawyer in the country. What would be the benefit of such a system, one that we already tried, with disastrous results?

You lost this argument in 1868.

[qoute]the example on bankruptcy is wrong. different states have different bankruptcy laws and many people have jumped states to avoid their possessions being repo'd.[/quote]

State bankruptcy courts?

Where?

Bankruptcy falls under FEDERAL jurisdiction per Article 1, Section 8, Clause 4 of the Constitutiuon, which allows Congress to enact "uniform laws on the subject of bankruptcies throughout the United States."

There are always exceptions where a state law would also apply, but it still falls under Federal jurisdiction.
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Old 03-15-2011, 11:31 AM
 
Location: Pinal County, Arizona
25,100 posts, read 39,330,228 times
Reputation: 4937
United States Bankruptcy Court - District of Arizona

Bankruptcy in Arizona - Arizona exemptions
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Old 03-15-2011, 11:32 AM
 
Location: Sango, TN
24,865 posts, read 24,448,611 times
Reputation: 8672
Quote:
Originally Posted by 58robbo View Post
republicans generally support the 10th amendment and states rights. granted, they never follow through but in rhetoric, they definitely support a limited federal govt. everyone knows all that and i don't want to discuss that in this thread.

what i want to know is why democrats are so opposed to the idea. along with our votes and scotus, seccession and nullification were powerful safeguards to our constitution. these have pretty much been discarded to the dustbin of time and it is to our detriment. if we elct a republican president, house and senate, those in democrat states have to live under gop oppression and vice versa. it really doesn't have to be that way. if the federal govt were once again limited, the states could do waht they wanted and we'd all have a choice as to what govt we'd want to live under
As the old saying goes, power is easy to give away, but quite hard to take back.

We've let the federal government control things they have no business controlling. Drugs, just as an example, where in the constitution does it say that I can't posses a plant that grows naturally in my yard? If I'm not selling it, then its not interstate commerce, so they have no damned business what so ever.

I do have to disagree with you on one thing, the GOP doesn't give a damn about states rights or limited constitutional power. They'd love to outlaw abortion, pornography, and crack down on other religions they deem "evil".

GOP and Democrats are just the opposite side of the same coin. They may differ on what they support, but they both want more power.
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