American Bankruptcy Institute | Consumer: Preferences/Avoidance

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, MD.)

**Consumer: Preferences/Avoidance**
ID	Name	Group	Other	Code Sec	Cross Ref	Problem Referenced	Proposed Solutions
NBRC- 0225	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.
NBRC- 0583	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.
NBRC- 0989	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.