"Honda has expanded a previously announced recall of certain 2001
and 2002 model-year vehicles to replace the driver's airbag inflator in
an additional 378,758 vehicles in the U.S. " In total, Honda is aware
of 12 incidents related to this issue as of February 2010." Honda February 9, 2010
Based on 12 incidents brought to their attention, Honda recalled every vehicle suspected, nearly 400,000.
At least seven federal courts have cited Katherine Porter's study Her study included over 1,700 cases., half of which had a defective part - missing documentation required by law to justify the bankruptcy. Compare 850 instances of a defective part with no corrective action to the twelve instances referenced by Honda that generated a universal recall of models for two consecutive years.
Perhaps, the federal bankruptcy courts should emulate the judgment and practices of Honda.
The failure of bankruptcy courts to apply the law equally and the
"Name and address of the person or business you are reporting."Identify by United States Government
"Name and address of the person or business you are reporting.
the type of asset that was concealed and its estimated dollar value,
or the amount of any unreported income, undervalued asset, or other
omitted asset or claim." US Trustee Program
The Bank Leaves out Documentation Critical to Lawful Approval of their Claims against You
Kathleen M. Porter published a landmark study on bankruptcy court in
2007. Porter's research team reviewed 1700 bankruptcy rulings from
federal courts across the country. Porter found that required
documentation was missing in just over 50% of the cases from the
From, Misbehavior a by Katherine Porter
Professor Porter commented on this failure to comply with documentation requirements:
documentation of the debt, the debtor and other creditors cannot verify
the legitimacy or accuracy of claims, each of which cuts into the
limited dollars available for distribution. Poor compliance with the
claims rules effectively deflects creditors' obligations onto
cash-strapped bankrupt families, who must choose between the costs of
filing an objection or the risks of overpayment." K.M. Porter, 2007 p. 36
Porter's research confirmed that only a minority of bankruptcy courts use incomplete documentation to disallow creditor claims. The failure to require proper documentation distorts over 50% of settlements. How can a bankruptcy judge set amounts owed, etc. without knowing the basis for such judgments?
The creditors with the special right to accuse you of fraud get away with filing flawed claims against you. Are their cases dismissed for errors? Hardly ever, according to the study.
You had no idea that the creditor clams were incomplete thus legally flawed. Neither the court nor your lawyer noticed.