American Bankruptcy Institute | Small Business and Partnerships: Non-Profits

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.)

**Small Business and Partnerships: Non-Profits**
ID	Name	Group	Other	Code Sec	Cross Ref	Problem Referenced	Proposed Solutions
NBRC- 0042	David J. Bardin	Attorney; Arent, Fox, Kintner, Plotkin & Kahn. DC counsel for Cult Awareness Network.	Testified at Open Forum at July Meeting.			Should the bankruptcy code deal with non-profit corporations Should assets of non-profit/public interest corps enjoy constitutional protection	No solution suggested. Volunteered time to the Commission.
NBRC- 0042	David J. Bardin	Attorney; Arent, Fox, Kintner, Plotkin & Kahn. DC counsel for Cult Awareness Network.	Testified at Open Forum at July Meeting.			How should the Ch. 7 trustee, the bankruptcy court in Ch. 7 or Ch. 11 and the district court assure protection of associational rights of non-debtor individuals who choose to associate with the debtor For example, how should they protect membership and donor lists of a bankruptcy non-profit corporation	No solution suggested. Volunteered time to Commission
NBRC- 0042	David J. Bardin	Attorney; Arent, Fox, Kintner, Plotkin & Kahn. DC counsel for Cult Awareness Network.	Testified at Open Forum at July Meeting.			Under Ch. 7 how does the representative of the estate carry-out fiduciary obligations of the bankrupt corp. to those who associated with it in order to safeguard their rights When issues of Const'l privacy are raised, how should a trustee respond procedurally and substantively Should the trustee be expected to present a program for vindicating such rights Should the Code provide guidance as to these const'l dimensions	No solution suggested. Volunteered time to the Commission.
NBRC- 0042	David J. Bardin	Attorney; Arent, Fox, Kintner, Plotkin & Kahn. DC counsel for Cult Awareness Network.	Testified at Open Forum at July Meeting.	2004		Should the trustee address issues of ongoing physical access to files of non-profit debtors by representatives of the debtor differently from the files of for-profits	No solution suggested. Volunteered time to the Commission.
NBRC- 0042	David J. Bardin	Attorney; Arent, Fox, Kintner, Plotkin & Kahn. DC counsel for Cult Awareness Network.	Testified at Open Forum at July Meeting.	F.R.B.P. 7026	F.R.B.P. 2004	Should the trustee allow adversaries of the non-profit debtor to acquire privileged attorney-client and work-product documents needed by the debtor for on-going non-bankruptcy litigation	No solution suggested. Volunteered time to the Commission.