||Commercial Law League of America
||Commercial Law League of America (CLLA)
|The Commerical Law League of America believes that
the following issues should be considered by the NBRC, "but without a
predisposition": Should limitations on serial chapter 11 filings be
imposed If so, should serial filings be limited to consensual cases and
||The CLLA believes that these issues should receive
top priority (no additional details are provided).
||Robert M. Zinman, on behalf of the Bankruptcy
||American Bankruptcy Institute ("ABI")
||Numerous position papers, memoranda and research
|The author attaches a white paper by David B. Wheeler
entitled "The Effect and Impact of Successive or Serial Bankruptcy
Filings." The paper summarizes and analyzes the cases addressing serial
bankruptcy filings. The author also attaches a white paper by Timothy D.
Moratzka and John E. Bloomer entitled "Who May Be a Debtor Under §
109(g)", which analyzes cases involving § 109(g) and its
application to abusive multiple filings.
||Serial filings should be viewed skeptically by the
court, but should not be prohibited. Abusive filings should be subject
to sanctions (no additional details provided).
||Don & Rita Gillespie
||Copy of article entitled "The bankruptcy epidemic"
from "The Oregonian".
|Homeowners angry over contractor who diverted funds
for their house, then filed for bankruptcy, leaving them with
subcontractor liens on their house. Their most specific concern seems to
be multiple filers.
||Do not let anyone file bankruptcy more then once in a
||Exhibit A - a collection of letters from and to
author concerning the enforcement of a Guarantee and legal
representation of the company; and, Exhibit B - exchage of letters
between author and Michael L. Cook concerning a request for legal fees
and a threat of sanctions.
|Author invested in company which had filed chapter 11
but which got a new president and CEO whom author thought could turn the
company around. Author later became convinced that the CEO had acted in
his own best interests, and not those of the company, when the company
had to file chapter 11 two more times. Author petitioned for the
appointment of a trustee or examiner and was denied, and has been
actively involved in the legal procedings of the bankruptcy. Author
writes with suggestions for changes in the bankruptcy code based on his
||A Corporate Debtor should not be permitted to file a
second Chapter 11 proceeding without a Trustee automatically being
appointed in the second filing.