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In re Robin E. Love, 61 Bankr. 558 (Bankr. S.D. Fla. 1986). That's right, a
bankruptcy judge wrote this! I suppose one is forced to have a sense of humor when one
deals with nothing but bankruptcy cases all day. Here's the rest of it: And the
cluttered files sprawl, drove a thought into my brain.
Eagerly I wished the morrow--vainly I had sought to borrow
From BAFJA, surcease of sorrow--
and an order quick and plain
That this case would not remain
as a source of further pain.
The procedure, it seemed plain.
As the case grew older, I perceived I must be bolder.
And must sua sponte act, to determine every fact,
If primarily consumer debts, are faced,
Perhaps this case is wrongly placed.
This is a thought that I must face, perhaps
I should dismiss this case.
I moved sua sponte to dismiss it
for I knew I would not miss it
The Code said I could, I knew it.
But not exactly how to do it, or perhaps some day I'd rue it.
I leaped up and struck my gavel.
For the mystery to unravel
Could I? Should I? Sua sponte, grant my motion to dismiss?
While it seemed the thing to do, suddenly I thought of this.
Looking, looking towards the future and to what there was to see
If my motion, it was granted and an appeal came to be,
Who would be the appellee?
Surely, it would not be me.
Who would file, but pray tell me,
a learned brief for the appellee
The District Judge would not do so
At least this much I do know.
Tell me raven, how to go.
As I with the ruling wrestled
In the statute I saw nestled
A presumption with a flavor clearly in the debtor's favor.
No evidence had I taken
Sua sponte appeared foresaken.
Now my motion caused me terror
A dismissal would be error.
Upon consideration of sec. 707(b), in anguish, loud I cried
The court's sua sponte motion to dismiss under sec. 707(b) is denied. |