May 8, 2008
Comment on Weigand re Commitment Period for Self-Employed Person
I read Weigand, and understand Judge Jury’s analysis. Strict statutory construction controls.
While I understand Judge Jury’s analysis, I felt completely let down by the BAP's conclusion that it was acceptable to treat sole proprietors differently from wage earners. I found lacking the statement that “It may be that Congress simply did not want those persons generating significant revenues through a business to have access to three-year chapter 13 plans.” Is this justification for discrimination under the law?
Raymond H. Aver, Esquire
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