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The court has ultimate power and responsibility for resolving legal
questions in Chapter 7 bankruptcy disputes. When attorneys or parties
disagree, motions objecting to a particular aspect of the law must be
filed. Based on an object, parties receive notice of hearing. Courts may
enter judgments based on information presented during the hearing, or
alternatively, disregard the opions of all parties and order resolution
upon any legal basis.
As virtual all attorneys will attest, when money is involved,
competing parties rarely agree on facts. This is the nature of law
suits. Further, a creative interpretation of law serving a personal
purpose is common. Selective recall and creative legal arguments are the
impetus for new case opinions which change, alter, or amend existing
applications of statutes. It is easy to say that courts and all parties
should adopt a single objective truth, but in practice, no such truth
exists. All parties, even those with the best intentions, unconsciously
slant their opions for self-favor.
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