What this does is say to the judge, is to give the judge discretion. When looking at a small business bankruptcy, the judge would have discretion to say, if he finds that imposition of these new onerous filing requirements and deadlines was likely to push that business into liquidation and cost more than five jobs, instead of enabling the business to reorganize, he is given the discretion to say, never mind these new restrictions, these new onerous requirements, better the business shall survive and not lay off the workers. Why not let judges have that discretion? Why insist that small businesses have to go out of existence and lay off these people? Let the judge have discretion, if he makes a finding that imposition of these new restrictions would likely cause the business to go out of existence instead of reorganizing, getting on its feet and saving the jobs. This is an anti-jobs bill. This is a pro-jobs amendment. I do not understand the opposition to it.
Jerry Nadler: “What this does is say to the judge, is to give the judge discretion. When looking at a small business bankruptcy, the…”
Editor's note · Context
Discussing an amendment related to small business bankruptcy and judicial discretion.
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