Web posted and Copyright © 1/12/98,
American Bankruptcy Institute.
The following abstract summarizes the text of submissions made to the
National Bankruptcy Review Commission. The abstract is organized by NBRC
working group and topic.
The Final Report of the
NBRC can be viewed on-line. To obtain a copy of any document shown
below, contact the Center for Legislative Archives, Room 205, National
Archives Building, Washington, D.C. 20408. The telephone number is
202/501-5350. Mr. R. Michael McReynolds, Deputy Director, will be able
to assist with specific inquiries. (The NBRC documents will be
housed at this location until June, 1999. Thereafter, the records will
be transferred to the Center's archives in College Park,
|Paul Mannes||Bankruptcy Judge (D.
Md.); fomer member of the "Advisory Committee on Bankruptcy
Rules"||Chapter 13 is not totally dissimilar from Chapter 11, and as
such, Chapter 13 debtors should be able to avoid liens and assume
leases, etc. Why should the Chapter 13 trustee have to perform these
functions when the debtor could Useful discussions on this topic can be
found in Keith Lundin's Chapter 13 bankruptcy set.||Bankruptcy Code should be revised to permit Chpater 13 debtors to
avoid liens, assume leases and other similar functions currently
performed by Chapter 13 turstees.
|John C. Akard||Bankruptcy Judge,
Northern District of Texas||Six other letters
of the same date dealing with Chapter 13 issues.||1107||1302, 1303||"The powers and duties of the Chapter 13 trustee are
specified in §1302 and the rights and powers of the Chapter 13
debtor are specified in §1303. Notably missing from from these
listings are the avoidance powers. A Chapter 11 debtor is given all of
the powers of a Chapter 7 trustee by §1107. Many courts have taken
this as an indication that the Chapter 13 debtor should have the right
to exercise the avoidance powers."||"If you think that Chapter 12 and/or Chapter 13 debtors
should have all of the powers of a Chapter 7 trustee..., then a
provision similar to §1107 would be of assistance.
|Peter C. Califano||Attorney||Proposal for the National
Bankruptcy Review Commission: Section 548(a)(2) Exception for Religious
and Charitable Donations.||"Enclosed is a proposal to amend Section 548(a)(2) of the
Bankruptcy Code by providing an exception for religious and charitable
donations."||Amend Section 548(a)(2) of
the Bankruptcy Code by providing an exception for religious and
charitable donations. Author gives exact language for the addition of
§548(a)(2)(C) in the enclosed Proposal.