|2003 Quick Polls
Dec 29 - Despite recovery in some industries, business bankruptcies will rise in 2004.
Dec 22 - PG&E will successfully reorganize under Chapter 11.
Dec 15 - Congress should enact laws to make uniform laws governing the practices of consumer credit counseling agencies.
Dec 08 - Section 108 of the Code tolls the statute of limitations for claims for relief that are prevented by the stay.
Dec 01 - Federal law should pre-empt state laws on "predatory lending".
Nov 24 - Bankruptcy courts can award fees to Ch. 7 debtor counsel under section 330(a)(1) even without express authority.
Nov 17 - “Section 1325 permits secured creditors only the time value of money, expressed in the T-bill rate, as the appropriate discount rate, rather than a contract rate of interest.” (Till v. SCS Credit).
Nov 10 - Directors and officers of closely held corporations owe a duty of care to creditors.
Nov 03 - Directors and officers of closely held corporations owe a duty of care to creditors.
Oct 27 - Where the debtor or its principals’ conduct injures the company and forms the basis for claims against third parties, only creditors (and not the trustee) have standing to prosecute.
Oct 20 - Chapter 13 eligibility should be expanded beyond sole proprietorships to include small family operating businesses, even if organized as partnerships or LLC’s.
Oct 13 - Topping fees and expense reimbursement clauses are always appropriate in structuring section 363 sales.
Oct 06 - The PwC midyear review of public company bankruptcies projects that 2003 will end up with the smallest number of cases since 2000. Is the large case bankruptcy boom over?
Sep 29 - The disclosures required by the Sarbanes-Oxley Act will be effective in improving transparency and accountability in corporate governance.
Sep 22 - Public regulators should give approval before a business in a heaviley regulated industry is permitted to reorganize
Sep 15 - The ability of large Ch. 11 debtors to shed debt, reject contracts and get favorable tax treatment provides an undue benefit.
Sep 08 - A large part of the increase in consumer bankruptcies in recent years results from a reduced sense of stigma or shame.
Sep 01 - Motor vehicle debts incurred within 30 months of filing should not be permitted to be bifurcated in Ch. 13 (H.R. 975).
Aug 25 - The bankruptcy bill’s proposal to require credit counseling as a condition for an individual being eligible to file is unnecessary.
Aug 18 - The “willful and malicious injury” exception to discharge in section 523 (a)(6), as interpreted by the courts, is too difficult for creditors to meet.
Aug 11 - Last year, the PBGC had a surplus of $7.7 billion; today, after numerous plan terminations it has a deficit of $5.4 billion and faces declining incomes from healthy companies. How likely is it that U.S. taxpayers will be asked to bail out the agency?
Aug 04 - A bankruptcy court should not be bound by the decision of a single district court judge in a multi-judge district.
Jul 28 - Who will win the NBA Championship?
Jul 21 - In many cases, courts are ill-equipped to make a good faith finding when approving an asset sale under section 363, because the parties do not develop a complete evidentiary record.
Jul 14 - The “undue hardship” standard now used to determine the dischargeability of student loans creates too much variety in results.
Jul 07 - The “undue hardship” standard now used to determine the dischargeability of student loans creates too much variety in results.
Jun 30 - The trustee fee for no-asset Ch 7 cases should be raised from $60, even if it means a similar hike in the filing fee.
Jun 23 - When considering whether an executory contract can be assumed by the debtor, the section 365 phrase "may not assume or assign" should be interpreted to mean "may not assume and assign".
Jun 16 - "Curing" outstanding defaults under a breached contract requires payment of interest at the default rate as well as any late fees.
Jun 09 - Last week’s District Court decision in Kmart denying any right to make pre-plan payments to “critical vendors” will be overturned by the 7th Circuit.
Jun 02 - The Ch. 13 trustee should be immune from suits based on negligent administration.
May 26 - Who will win this year's NCAA basketball tournament?
May 19 - The Bankruptcy Code should be amended to eliminate preference exposure when a debt is paid within specified credit terms.
May 12 - A recent forecast of business bankruptcies for 2003 predicts that a protracted war (13-26 weeks) will result in a severe decline in the travel sector (airlines, lodging). Do you agree?
May 05 - Debtor-tenants in Ch.11 should be required to pay rent according to when the obligation is actually payable, vs. when it is accrued (proration rather than performance rule).
Apr 28 - The bankruptcy reform bill has been reintroduced, without the Schumer amendment. What are the bill's chances of enactment this time around?
Apr 21 - Should carve-outs be defined in the Bankruptcy Code?
Apr 14 - The preference statute should be amended to require evidence of the creditor's knowledge of the debtor's insolvency.
Apr 07 - The Bankruptcy court’s equity power should extend to authorize retroactive employment of counsel.
Mar 31 - The Supreme Court ruled 8-1 Monday that the FCC violated the Bankruptcy Code when it cancelled NextWave's licenses due to nonpayment. Was the case correctly decided?
Mar 24 - US Airways is urging Congress to let the airline pay its $3 billion pension liability over 30 years as opposed to 7, as an essential element of its reorganization strategy. The PBGC opposes the plan as unfair to other ....
Mar 17 - Charitable contributions to bona fide religious institutions are protected by the "free exercise" of religious views and thus should not be subject to a trustee's power to avoid fraudulent transfers.
Mar 10 - The "willful and malicious" standard of 11 U.S.C. 523(a)(6) should be amended to except reckless conduct from discharge.
Mar 03 - Will United Airlines successfully reorganize in Chapter 11?
Feb 24 - The Catholic archdiocese of Boston is considering a bankruptcy filing to help deal with about 450 state court claims of sexual abuse by priests. Would such a filing be an appropriate use of bankruptcy?
Feb 17 - Bankruptcy filings for the 3rd quarter of this year set an all-time mark for a three month period, ensuring that total filings in 2002 will surpass the previous calendar year record set just last year. In 2003, bankruptcy filings will:
Feb 10 - Bankruptcy courts are too permissive in allowing Chapter 11 debtors to continue pre-petition cash management systems.
Feb 03 - Congress should amend 11 U.S.C. 330 to explicitly provide for the compensation of debtor attorneys.
Jan 27 - The death of Sen. Wellstone, an ardent opponent of the bankruptcy bill, will have the following impact on the upcoming lame duck session:
Jan 20 - Bankruptcy courts should do more to deter abusive serial Chapter 13 filings.
Jan 13 - Bankruptcy courts are too liberal in the application of the "critical vendor" doctrine which permits Ch. 11 debtors to pay certain pre-petition creditors.
Jan 06 - The Senate has held its first hearing on the asbestos litigation crisis that has bankrupted nearly 50 companies to date. Should Congress pass a comprehensive bill dealing with mass tort claims in bankruptcy?