Political Quotes

“We should realize that the Bankruptcy Code sections cited by the distinguished gentleman from Texas are permissive, not mandatory. Bankruptcy Code section 107(c), for example, permits, but does not require, the bankruptcy court to issue an order prohibiting the disclosure of certain information pertaining to an individual's for cause if the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual's property. In other words, the victim here, who has been victimized by the people who produced the asbestos, would now have to go into court and request the protective order. The burden would be on the victim. Why are we putting the burden on the victim instead of on the tortfeasor? The bill would do that. The Bankruptcy Code's section 107 so-called privacy protection is not automatic. As a result, the asbestos victim would have to retain counsel and go to court to prove cause to obtain relief. Again, you are shifting the burden further to the victim from the tortfeasor. That is not a very good idea, and there is no great necessity for it. If the court finds or if a trust believes that it is being defrauded, it can request the court to get this information. It can ask for discovery. Yes, discovery is expensive, but you want to shift the expense to the victim. That is highly unfair. This bill shifts tremendous burden to the victim.…”