Resolving Legal Questions In Chapter 7 Bankruptcy

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.