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Debts That Can Be Discharged

Finn: Sol

Using Your Exemption

Now we’ll describe what kinds of debts can be discharged with these instruments. BoEs and bonds can only be used to discharge public debts - not private debts. But what is public debt and what is a private debt? I define private debt as debt between two living souls (man to man, man to woman, etc) and public as debt to any legal fiction or any entity created by or authorized by the government. This means the “public” would include any government entity (municipal corporation), any corporation (S Corp or C Corp), limited liability company or partnership, statutory trust, partnerships, or DBA (doing business as). All “public” entities have made application and received permission to exist.

In order to discharge a public debt, there would have to be a charging instrument or a bill itemizing the debt. The charging instrument would show how much was owed and to whom it was owed. The charging instrument could be a regular monthly bill, or it could be a pay-off statement. You can only discharge the amount found on the charging instrument, nothing more. That means you can’t write an instrument for $2000 when only $1000 was owed and expect to get a refund of $1000 in cash. This also means that you can’t do a charitable donation with one of these instruments since there is no debt owed and no charging instrument. If you want to give to charity, it will have to be by some means such as using a credit card or taking a cash advance on a credit card or getting them to bill you for a pledge.

At this point, it appears that the easiest and most successful type of public debt to discharge is unsecured debt. This would include any debt in which the “creditor” or claimant (the one making the claim you owe them money) does not have any collateral. Perhaps the best example of this kind of debt would be credit card debt.

You can use your exemption to discharge the debts of others. There is nothing to prevent you from paying a bill for someone using your check or credit card. So the same rules apply to using your exemption to discharge the public debt of another man, woman or a charitable organization. However, I would suggest that you not attempt to discharge the debt of others. The reason I take this position is that the person whose debt you are discharging probably does not have the knowledge to handle any difficulties that may arise from your actions, so they will then have to rely on you to fix the problem. There are some things you simply cannot do for someone else.

They will just have to do it themselves. So, I believe it is better to not even attempt to discharge the debts of others.

Some have wondered if there is a mechanism to simply “withdraw” all the “money” the government owes you. At this point, I do not believe that such a mechanism exists. The reason is that, according to HJR 192 of June 5, 1933, the government will discharge the debts “dollar for dollar”. HJR 192 doesn’t say anything about “withdrawing” funds. I also believe it would be ill advised for people to “withdraw” all their funds even if it were possible. When you discharge a debt with your exemption, you actually remove money from circulation because the debt is a liability that is offset by the asset of your exemption. So, if everyone were able to “withdraw” their full exemption at one time, there would be no FRN’s left in circulation. All of the economic collapses in our nation’s history, prior to 1920, can be directly traced to a shortage in the amount of money in circulation. If everyone were to “withdraw” their “money”, it would lead to massive economic upheaval and chaos in our society.