I suggest that to the issue I raised - a unilateral action - our circuit court judge used the shield (sword) of HERA and NOT the ability of a creditor to .............
The issue of a taking is separate and distinct from the legality of the third amendment to which this judge said - I am not allowed to judge on THAT as Congress precluded me from doing so
The appeal that was made and joined by other submissions does not argue the currency of a TAKING but that the judge misread the law by sayind that in the case of x y and z - as is it is here - HERA protects the action. The third amendment as a unilateral action can be reviewed and tossed out by the judge is the APPEAL argument
It is unsettled with the judge saying HERA (not unilateral is ok) and plaintiff arguing HERA does not provide the "bubble" the court gave the arrangement for the following reasons ........ see attached and below
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