Random Thoughts for the Week

We have been discussing the usefulness of evidentiary objections in our office.  Judge Donovan commented at a cdcbaa meeting once that if there are no evidentiary objections, the evidence, almost whatever it is, is “in,” especially hearsay.  We should not depend on the judge to unilaterally ignore evidence that is not properly before the court.  Even though the evidence is read  and understood either way, the judge will have to overrule the objection or rule on something that is not properly supported.  Although we don’t do evidentiary objections as often as we should, I think they are important.

Got two calls today from people wanting to file chapter 7 for a corporation.  Since corps don’t get a discharge in chapter 7, I’m always surprised to see any corp file a chapter 7.  Sometimes the “owner” really does want to just hand the keys to someone else who will orderly close things down and give the money to creditors.  That usually can be done with an Assignment for the Benefit of Creditors.

The Supreme Court has granted cert in Husky International Electronics, Inc. v. Daniel Lee Ritz, Jr.   It is a dischargeability case re the meaning of “actual fraud.”  More to come in a separate post.

Supreme Court trivia for the week.  Only one of the present justices graduated from a law school other than Harvard or Yale.

Ruth Ginsburg – graduated from Columbia although she began at Harvard but left when her husband moved to New York.


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