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To: cripplecreek

Actually this is an interesting case on state’s rights.

Can a state through it’s constitution or own laws limit when an individual, corporation or municipality files for federal bankruptcy relief?

My guess is not. I think you are right and the Federal judge will vacate the State judge’s order.


11 posted on 07/19/2013 2:33:37 PM PDT by DannyTN
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To: DannyTN

I agree. The “dishonor Obama” comment, if true, is ridiculous beyond belief and indicative of a stupid judge. Nevertheless, the provision in the State Constitution does present an interesting legal issue. It seems to me a State should have the right to protect pensions like this, regardless of the sanity of the provision. It’s a State and its political subdivisions and they should have the right to determine such matters, but I do think it will be overturned via Federal pre emption.


31 posted on 07/19/2013 2:43:12 PM PDT by A_Former_Democrat (LEAVE THE ZIMMERMANS ALONE . . . NOT guilty . . .you LOST Now SHUT UP)
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To: DannyTN

And what about taxpayers rights? The unions get the officials elected who in turn approve these benefits that cannot ever be paid under the assumption that the taxpayers will pay or else.
Time for taxpayer revolt!


36 posted on 07/19/2013 2:44:54 PM PDT by Rusty0604
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To: DannyTN

My guess is possibly, but the state court has no jurisdiction once bankruptcy was files and the proper place to make an argument about the constitutionality of the filing would be in the Federal bankruptcy court.


42 posted on 07/19/2013 2:56:46 PM PDT by Piranha (Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
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