Chapter 13 Bankruptcy in Utah, will it work for you?

If you feel Chapter 13 Bankruptcy is for you please contact The Law Offices of Dale H Boam P.C. at 801-815-2547 or dboam@comcast.net

Most of this information can also be found on the US Courts website.

Chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts.

Under Chapter 13, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly income is less than the applicable state median (such a median changes from State to State), the plan will be for three years unless the court approves a longer period “for cause” There are many reasons that fall under “for cause” talk to an attorney for more information).

If the debtor’s current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. § 1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

I will discusses six aspects of a chapter 13 proceeding: the advantages of choosing chapter 13, the chapter 13 eligibility requirements, how a chapter 13 proceeding works, making the plan work, and the special chapter 13 discharge.

Advantages of Chapter 13

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

Chapter 13 Eligibility

Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual’s unsecured debts are less than $394,725 and secured debts are less than $1,184,200. 11 U.S.C. § 109(e). These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor. Id.

An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

How Chapter 13 Works

A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Fed. R. Bankr. P. 1007(b). The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. 11 U.S.C. § 521. The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at http://www.uscourts.gov/bkforms/index.html. They are not available from the court.)

The courts must charge a $235 case filing fee and a $75 miscellaneous administrative fee. Normally the fees must be paid to the clerk of the court upon filing. With the court’s permission, however, they may be paid in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006(b). For cause shown, the court may extend the time of any installment, as long as the last installment is paid no later than 180 days after filing the petition. Id. The debtor may also pay the $75 administrative fee in installments. If a joint petition is filed, only one filing fee and one administrative fee are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 1307(c)(2).

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:

1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household’s financial position.

When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 1302. In some districts, the U.S. trustee or bankruptcy administrator (2) appoints a standing trustee to serve in all chapter 13 cases. 28 U.S.C. § 586(b). The chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b).

Filing the petition under chapter 13 “automatically stays” (stops) most collection actions against the debtor or the debtor’s property. 11 U.S.C. § 362. Filing the petition does not, however, stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a “consumer debt” from any individual who is liable along with the debtor. 11 U.S.C. § 1301(a). Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose. 11 U.S.C. § 101(8).

Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition. 11 U.S.C. § 1322(c). The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the chapter 13 filing.

Between 21 and 50 days after the debtor files the chapter 13 petition, the chapter 13 trustee will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the debtor files. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee places the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan.11 U.S.C. § 343. If a husband and wife file a joint petition, they both must attend the creditors’ meeting and answer questions. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the creditors’ meeting. 11 U.S.C. § 341(c). The parties typically resolve problems with the plan either during or shortly after the creditors’ meeting. Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the trustee prior to the meeting.

In a chapter 13 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed file a proof of claim.11 U.S.C. § 502(b)(9).

After the meeting of creditors, the debtor, the chapter 13 trustee, and those creditors who wish to attend will come to court for a hearing on the debtor’s chapter 13 repayment plan.

The Chapter 13 Plan and Confirmation Hearing

Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. Fed. R. Bankr. P. 3015. A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically biweekly or monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.

There are three types of claims: priority, secured, and unsecured. Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding. (3) Secured claims are those for which the creditor has the right take back certain property (i.e., the collateral) if the debtor does not pay the underlying debt. In contrast to secured claims, unsecured claims are generally those for which the creditor has no special rights to collect against particular property owned by the debtor.

The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all “disposable income” – discussed below – to a five-year plan.11 U.S.C. § 1322(a).

If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral. If the obligation underlying the secured claim was used to buy the collateral (e.g., a car loan), and the debt was incurred within certain time frames before the bankruptcy filing, the plan must provide for full payment of the debt, not just the value of the collateral (which may be less due to depreciation). Payments to certain secured creditors (i.e., the home mortgage lender), may be made over the original loan repayment schedule (which may be longer than the plan) so long as any arrearage is made up during the plan. The debtor should consult an attorney to determine the proper treatment of secured claims in the plan.

The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected “disposable income” over an “applicable commitment period,” and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor’s assets were liquidated under chapter 7. 11 U.S.C. § 1325. In chapter 13, “disposable income” is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor’s gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B). The “applicable commitment period” depends on the debtor’s current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size – and five years if the current monthly income is greater than a family of the same size. 11 U.S.C. § 1325(d). The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.

Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee. 11 U.S.C. § 1326(a)(1). If any secured loan payments or lease payments come due before the debtor’s plan is confirmed (typically home and automobile payments), the debtor must make adequate protection payments directly to the secured lender or lessor – deducting the amount paid from the amount that would otherwise be paid to the trustee. Id.

No later than 45 days after the meeting of creditors, the bankruptcy judge must hold a confirmation hearing and decide whether the plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. 11 U.S.C. §§ 1324, 1325. Creditors will receive 28 days’ notice of the hearing and may object to confirmation. Fed. R. Bankr. P. 2002(b). While a variety of objections may be made, the most frequent ones are that payments offered under the plan are less than creditors would receive if the debtor’s assets were liquidated or that the debtor’s plan does not commit all of the debtor’s projected disposable income for the three or five year applicable commitment period.

If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan “as soon as is practicable.” 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a). If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors). 11 U.S.C. § 1326(a)(2).

Occasionally, a change in circumstances may compromise the debtor’s ability to make plan payments. For example, a creditor may object or threaten to object to a plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the plan may be modified either before or after confirmation. 11 U.S.C. §§ 1323, 1329. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the trustee or an unsecured creditor. 11 U.S.C. § 1329(a).

Making the Plan Work

The provisions of a confirmed plan bind the debtor and each creditor. 11 U.S.C. § 1327. Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period. Furthermore, while confirmation of the plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the trustee, because additional debt may compromise the debtor’s ability to complete the plan. 11 U.S.C. §§ 1305(c), 1322(a)(1), 1327.

A debtor may make plan payments through payroll deductions. This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code. 11 U.S.C. § 1307(c). The court may also dismiss or convert the debtor’s case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case. 11 U.S.C. §§ 1307(c) and (e), 1308, 521.

The Chapter 13 Discharge

The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge.

A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years for prior chapter 13 cases and four years for prior chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the U.S. trustee or bankruptcy administrator for the debtor’s district has determined that such courses are available to the debtor). 11 U.S.C. § 1328. The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor’s homestead exemption. 11 U.S.C. § 1328(h).

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c).

The discharge in a chapter 13 case is somewhat broader than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings. 11 U.S.C. § 1328(a).

The Chapter 13 Hardship Discharge

After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a “hardship discharge.” 11 U.S.C. § 1328(b). Generally, such a discharge is available only if: (1) the debtor’s failure to complete plan payments is due to circumstances beyond the debtor’s control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge. The hardship discharge is more limited than the discharge described above and does not apply to any debts that are nondischargeable in a chapter 7 case. 11 U.S.C. § 523.

If you feel Chapter 13 Bankruptcy is for you please contact The Law Offices of Dale H Boam P.C. at 801-815-2547 or dboam@comcast.net

I am a lawyer who will fight for you!

Chapter 7 Individual Debtor Bankruptcy

Do you qualify for Chapter 7 bankruptcy in Utah?

To qualify for relief under chapter 7 of the Bankruptcy Code, you may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b).

Subject to the Chapter 7 Statement of Your Current Monthly Income, relief is available under chapter 7 irrespective of the amount of the of your debts or whether you are solvent or insolvent.

An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to your willful failure to appear before the court or comply with orders of the court, or if you voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e).

In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111.

There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

Chapter 7 Bankruptcy can bring a great deal of relief for the constant pressure of bill collectors especially during the current COVID-19 crisis.

Do you qualify? Contact the Law Offices of Dale H Boam P.C. at 801-815-2547 to discuss your current situation.

Just sayn’

Trump Names McDonald’s Employee Who “Always Gets His Fillet-O-Fish Just Right” to head the USDA. GOP pundits take a deep breath, a stiff drink, and then praise the move as “innovateish”.

Following this morning’s surprise announcement by the President sent at 4 am over Twitter, the President’s supporters steeled themselves to present this decision as a bold or at least, in some manner, sane move at any cost to their former integrity or any shred of personal dignity they may have left.

“Sure, everyone makes fun of Caligula for making his horse an empirial minister,” said Rick Santorum on CNN this morning, “but no one stops to ask if that horse had some good ideas.”

The other members of the panel complained that they were distracted during the segment by former Senator Santorum repeatedly stabbing himself in the leg with a pencil each time he spoke in support of the President’s decision.

Paris Denard proclaimed an end to America’s long national nightmare of “flavorless processed fish sandwiches!” Unfortunately, Mr. Denard, a former member of the Bush administration, had to leave the panel discussion early due to a cracked molar as a result of excessively grinding his teeth.

Lauren Ingraham, during her new show on Fox, celebrated the potential elevation of breaded fish patties to what she called, “it’s rightful place,” in the cannon of American cuisine. “President Trump is making America great just like he promised.” She believes this appointment will call attention to the plight of ‘real American fast food’ in the wake of illegal immigrants falsely propping up the street taco industry. “Taco Bell your time has come!” Ms. Ingraham declared triumphantly with no hint of any bothersome shame and unburdened by any impulse toward self reflection.

It Is At Least Part of the Problem.

This may be a long one, but I appreciate you reading it.

Earlier I made what I felt was a reasonable comment:

“Lets stop muddying the discussion on guns with the money and opinions of the NRA, a group that exists solely to promote guns.”

One of the greatest tricks the NRA ever pulled was making people think it stood between them and the criminal hordes. Meh. Not so much.

The NRA wants you to think the government will come for your guns and then take over. Newsflash. They already took over; they are the government. And no matter what scary statements the NRA makes the government has never really made a move on your guns.

The only way I could think of to take the NRA’s seat away from the table was to say let’s not vote for any politician, democrat, republican or other, who takes so much as a penny from the NRA #notapennyfromtheNRA

It turns out many people disagreed with me. Now in the interests of full disclosure I made two mistakes.

First, I posted this in the same place I post my Rules. That muddies my message for my Rules and from now on I will only post my political messages on my political blog. I invite you to look at it, its called Speaking the Unspeakable.

Second, I drifted from my message in my discussion and started to discuss guns instead of the NRA.

I am not a gun guy. I see no reason for anyone to own a gun; but that is me. Others do see a reason. I do not begrudge anyone owning a gun. I just feel that the gun culture in the United States has far exceeded the constitutional text of “well regulated.” I feel like for many people the second amendment has become the ONLY valid amendment.

We live in a time when the Freedom of the Press as outlined within the first amendment is under attack; daily. Many people who yelled at me about their second amendment rights on Facebook not only stand idle while this attack happens but encourage it.

The first amendment, the fifth amendment, the sixth amendment and the fourteenth amendment appear more and more to be “constitutionally inconvenient” for our leaders.

I have made my opinion known on our current President-not a fan-but these issues started WAY before him (yes I’m talking about Obama, and Bush and Clinton and…). Some of this “applicable constitutional flexibility” came by way of the acts of former administrations, some by omissions.

Because I am who I am let me tell you a story.

For many many years it was FACT that if children who are Deaf were taught to use American Sign Language they would never be able to learn to speak or read-lips. It was an unassailable truth.

It is also bullcrap.

There is no scientific support for this idea.

This has recently been proven wrong over and over. Children who have a first language (ASL being the most readily accessible) tend to progress with much less or no delay in school and understand the principles of language, so they more efficiently learn speech and lip reading because they get what it is all for. Some don’t have the same success as others of course because these are skills, not magic.

But it was believed with such a zealot’s fervor that any research into the impact of ASL on education was considered, if not outright blasphemy, at the very least in poor taste. Researchers who even suggested such research were outside the mainstream and shouted down. They were rebels who dabbled in junk “science.” Oh, and completely correct in their theory that ASL was beneficial as it turns out.

So why, if this idea so readily proven false did the pronouncement that “ASL BAD” hang on for so long without scientific support or question?

It’s because Alexander Graham Bell said it; he invented the telephone you know so he was very smart.

He was very smart, but in this case dead wrong. But no one would allow the least room for the heretical notion that he was wrong to creep in to story and sully the genius that was AG Bell. He invented the phone. He knew all.

He also had an economic stake in suppressing ASL (oral education was his family business). He had a scientific stake in his reputation of always being right (he had said it so it was out there).

AG Bell used his treasure and influence to promote an infrastructure in schools for the Deaf based on lip reading and speech, and soon it was self-perpetuating because if any other ideas crept in it could lose hearing teachers of the Deaf their jobs.

Even when children who are Deaf fell behind academically AG Bell could not be questioned. It has just been accepted for years that something about Deafness results in Deaf children not being able to learn to read. Who knows why? One thing is for sure it couldn’t be that AG Bell had it wrong.

So the idea persisted until the truly brave challenged it. Recently. VERY Recently.

What is my point you ask?

The gun culture in this country has perpetuated a myth that ANY regulation will result in people showing up at your door and taking your guns away. It wont. But people in authority, like the NRA, say it’s so. Now you can believe this will be the result of regulation, but it wont. Just like AG Bell there is a huge complex machine dedicated to perpetuating the myth that ANY regulation of gun (even as the constitution says “well regulated”) is an attack on America itself.

There is nothing about the second amendment that is tied to the foundational principles or idea of America. I can say this for two reasons. First, it’s an amendment! It was added after the fact. Second? ITS NOT THE FIRST AMENDMENT. ITS THE SECOND. it was not their first concern.

That is not to say it is not important. Huge fan of the 14th amendment and it’s all the down in slot 14. I’m just giving some perspective.

Speaking against the unregulated, unfettered and open interpretation of the second amendment is not an attack on America!

However, America was attacked.

It was attacked in Florida (recently and before that in the Pulse Night Club). It was attacked in Las Vegas and Charleston and Sutherland Springs and Sandy Hook. These are attacks just as surely as 9-11 was.

Too stand hip deep in the blood of those victims many of whom were just babies and say the second amendment is more important and untouchable than their constitutional right to life is… tragic.

You have a right to own a gun. But that right is not untouchable by regulation. In fact it is supposed to be “well regulated.”

ITS NOT THE GUN. You are right. To a degree. Its not ALL the gun, but it is at least partly the gun. To say that NONE of it is the gun is to deny the truth before your eyes.

It’s about mental health too. But we are just as far behind in that discussion. Congress tried to vote to abolish the healthcare system we have and place and thus take away any hope of access to treatment for people with mental illness on one hand and defended the right of people with mental illness to purchase a gun on the other.

I have said I am not a gun guy. I’m not. I would be thrilled if the only guns people owned were hunting rifles and shotguns. But that is me not you. I am not interested in taking your gun away. I don’t need to be convinced I’m wrong. I actually don’t care to hear any statement telling me that “gun regulation won’t work.”

Because that is stepping over the bodies of the children at Sandy Hook and more recently in a high school in Florida and shrugging.

Its time to stop shrugging at the death of our children.

My proposal was simply this, lets start by taking an organization with a vested interest in guns NOT being regulated away from the table. Let’s talk about what we see right before our eyes without appealing to those who make a better living if we don’t have the discussion. Guns are not all of the problem, but they are some of it. Mental Health is not all of the problem, but it is some of it. Bullying is not all of the problem, but it is some of it. All I’m saying is lets have an honest conversation about it all without the buzzing in our ears from lobbyists.

It will take brutal honesty. It will hurt. All sides will have to give up some ideology they hold precious, and admit some ugly truths.

I’ll start.

Am I a racist? Every time I do something racist. I try to learn and limit how often that occurs. But it will and my denying it when it happens DOES NOT make the problem better, it makes me worse.

I’m I sexist? Every time I say or do something sexist. And I do! I try not to but I am still learning in life. By the way, being the father of a daughter does not inoculate me from sexism. It does however make me liable to her to put less sexism into the world. There is more than enough there already.

Are guns the problem. Not all of it, but definitely some of it, and its time we had a discussion on what “well regulated” means and then quickly followed up with action to regulate them well.

This issue to me is like a Rubiks Cube. It has a lot of sides and a lot of colors, but in the end it’s a fairly simple puzzle because it follows a logical pattern. But many people can’t do it and most won’t attempt it because of all the sides and all the colors.

But unlike a Rubik’s Cube we have to solve this. Lives depend on it.

That is it. Feel free to share or ignore as you will, but I’m done with this discussion here. If you want to yell at me you know where I’ll be. Speaking the Unspeakable

Trump would like a little credit for…

One more year, no zombie apocalypse;

The Apes have not risen up to enslave man. Trump will tell you that’s allll him;

He believes that thanks to his “two legs first (four legs bad)” polices visits to the house of pain are at their lowest in years. However, it is still too soon to talk about his proposed executive order regarding “no spill blood.”;

Skynet has not become sentient and instituted Judgment Day (that we know of) Trump will tell you he did that but it could have been a 400 pound hacker in his mother’s basement or “Ghina,”. We just don’t know;

Trump believes he is the reason the alligators have stayed in the sewers and are not roaming the streets devouring children and applying for credit at Barneys;

Trump recently took note that during his presidency the membranes between the multi-verses have not torn asunder allowing hordes of otherworldly creatures to spill into our dimension. So that’s a pat on the back he believes;

He is pretty sure he is the reason the turtle upon whose back the earth rests has not cast us into the void, he wants praise for that;

One more year without an asteroid cracking the earth like an egg, he would like some ‘atta boys’ for that;

The earth has not flipped over switching the magnetic poles and flooding the earth leaving us with fishman Kevin Costner as our only hope of finding dry land, so Trump will be expecting your thank you card; and,

They announced “Stranger Things” will have a season three and four and Trump was looking pretty smug so my guess is he plans to glory snatch that too.

Oh, and all the women who were elected to Congress this year.

Provisions Hidden Within the Tax Cuts and Jobs Act: Five

Section 2 of the Tax Reform Act of 1986 is hereafter revised to provide (in part):

T) Any and all denials of any matter included in Section (S) as well as allegations of sexual assault or same sex… well… sex, shall be deemed as satisfactory explanations and must be given deference if reported by Fox News (under Section (L) also known as the “Nothing to see here” Clause under the subheading “pictures or it did not happen”).

(1) Any reporting of any matter included in Section (S) by actual news agencies shall be legally deemed “fake news” under the omnibus truth exception or “Trump Clause” in Section (Z) of this Statute.

(2) If any photographic, video, audio or other evidence exists of any GOP Senetor or Representative or President for Life Trump a one time General amnesty shall be granted under the omnibus “What About Hillary” and “What about Bill” Clauses. However this protection does not extend to Democrats (see the Pillory Hillary clause in Section D of this amendment).

Provisions Hidden Within the Tax Cuts and Jobs Act: Four

Section 2 of the Tax Reform Act of 1986 is hereafter revised to provide (in part):

Whereas the intent of this legislation is to simplify the lives of true Americans:

R) From the date this act is signed into law abortion for any reason at any time shall be deemed illegal and any person (including only the categories of “persons” as defined by sections (j) (i)-(ix) subgroup non-males or “gals” and as established by this Statute) found seeking to terminate a pregnancy shall be deemed a “floozy” (as defined in section (j) (iii) of this Statute) or in cases specifically defined by regulation an “irresponsible trollop” (as defined in section (j) (vii) of this Statute) or more generally a whore (I think we all know who those women are… I mean does the law really have to spell it out? Because we’re not racists… some of the GOP’s best friends are black).

S) From the date this act is signed into law any any all “persons” (including only the categories of “persons” as defined by special section (j) (x) as “close” or “special” lady friends of GOP Senators or Representatives seeking to terminate the “honest mistake” resulting from their close or special friendship with said Senetor or Representative shall be considered to require a medically necessary procedure. Furthermore, the State will pay any out of pocket costs not covered by the Close or Special lady friend’s insurance from the general fund without any reference to any elected GOP official.

Provisions Hidden Within the Tax Cuts and Jobs Act: Three

Section 2 of the Tax Reform Act of 1986 is hereafter revised to provide (in part):

Whereas the intent of this legislation is to simplify the lives of true Americans:

F) From the date this act is signed into law any any all “persons” (including only the categories of “persons” as defined by subsections (e)-(j) and as newly established by this Statute) born in any country or territory rumored to exist outside the boarders United States, or in some areas of Texas as defined by regulation or in the whole of the State of California shall be uniformly referred to as “Mexicans.”

G) From the date this act is signed into law any any all “persons” (including only the categories of “persons” as defined by sections g, l and m of this Statute) born in Hawaii will be referred to as “Kenyans.”

Provisions Hidden Within the Tax Cuts and Jobs Act: Two

Section 2 of the Tax Reform Act of 1986 is hereafter revised to provide (in part):

C) Hereafter and forever President-for-Life Donald J “Dear Leader” Trump is legally deemed to be rubber, while all news outlets with the exclusion of Fox News (excepting Shep Smith and on occasion Chris Wallace) are legally deemed to be glue. Therefore any fake news such news organizations may report, up-to and including any recorded statements attributed to President-for-Life Trump, shall and all of them, bounce off Dear Leader Trump and stick to the afore mentioned fake news outlets and Shep Smith and on the odd occasion Chris Wallace.