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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, MD.)

Consumer: Bankruptcy Fraud
IDNameGroupOtherCode
Sec
Cross
Ref
Problem ReferencedProposed Solutions
NBRC-
0073
Charles G. MildenChapter 11 and Chapter 7 debtor


Asserts that Ch. 11 case was fraudulently converted to 7 by the UST. Bigger problem than debtor fraud is fraud by USTrustee; trustees, and attorneys who seize and squander honest debtors estates.Asks to address Commission at October meeting in San Diego. No specific solutions suggested.
NBRC-
0102
Trevor A. GrimmC.E.O., California Apartment Law Information Foundation


Problem of unlawful detainers, namely, tenants who abuse the bankruptcy system by filing petitions in order to delay eviction proceedings.CALIF will be providing the NBRC with an unlawful detainer study that contains the latest figures on the prevalence of this abuse.
NBRC-
0113
Joseph FischerDebtor


The Bankruptcy Code and Rules allow trustees, judges and lawyers to defraud debtors.Amend Bankruptcy Code to eliminate bankruptcy crimes of trustees, judges, and lawyers.
NBRC-
0116
Kenneth J. DoranDoran Law OfficesParticipated at Consumer Bankruptcy Working Group on July 19.

Audits of debtors' financial backgrounds should NOT be required in consumer bankruptcy cases.The costs of auditing debtors would outweigh the benefits. Chapter 7 trustees, who are best situtated to determine the need for audits, do not believe they are necessary. If audits were required in consumer cases, a pilot program should be run prior to nationalizing such requirement.
NBRC-
0132
Steven D. GoldsteinPresident, Credit Department, Sears Roebuck & Co.Heard Brady speak at National Retail Fed'n Credit Mangmnt Advisory Council707(b)
While the bankruptcy courts should as a matter of policy, provide deserving debtors who have been the victims of financial catastrophe with a fresh start, enforcement of the corrollary policy to deny overworked and, in some cases, the least motivated participants in the system, the trustees and the judges. Creditors have the motives and the resources to assist in enforcing this aspect of bankruptcy.Amend section 707(b) to permit a creditor to file a motion for dismissal of a case on the grounds of substantial abuse. Provide a definition of substantial abuse specifically including: 1. Fraud, loading up, hiding assets or disposing of secured assets; 2. lack of either ability or intent to repay at the time the debt was incurred; 3. Failing to adhere to the bankruptcy code or rules to the detriment of the creditor; and 4. ability to repay a greater portion of the debt if the case were filed as a ch. 13. Further amend section 1328(a)(2) to extend applicability of the provision to ch. 13 cases.
NBRC-
0161
Raymond P. Bell, Jr.Nationsbank Card Services, Recovery Department


US Trustee or FBI is not required to disclose acts of fraud relating to persons involved in the trustee system.Require the UST or the FBI to publish and make available to creditors any fraud or embezzlement convictions relating to trustees and/or employees of the trustee system.
NBRC-
0188
David A. SzwakAttorney


Credit industry needs new procedures to combat application fraud, theft of identity, and resulting credit report errors. The author lists a number of issues that he feels should be addressed: 1) Why won't credit bureaus suppress unverifyable or inaccurate data 2) Why won't credit bureaus use their manual credit reporting system to protect the victims of identity theft 3) Why don't all retailers require identification at the point of sale 4) Why are credit bureau data matching algorithms allowed to operate on a minimum number of points of correspondence between files and incoming inquiry fields 5) Why are some retailers allowed to capture digitized signatures without any warning to or consent from the consumer. 6) Why isn't the Federal Trade Commission pushing to increase external risks to credit industry members who operate recklessly in creating and fomenting credit fraud 7) Why are credit card bureaus allowed to operate with an error rate of 50%-90%, according to industry experts 8) Why should a deleted piece of information ever reappear in a credit report due to a creditor's continued automated reporting or a credit bureau's failure to use suppression procedures 9) Why are credit bureaus allowed to automatically update and use an "address slide" function to insert unverified identification information directly into consumers' credit reports 10) Why are credit bureaus allowed to simply mimic subscribers and automatically insert data into consumer reports based upon unverified data in subscriber inquiry fields or metro tape reporting of trade lines 11) Why are subscribers allowed to generically report public record items which frequently are posted across multiple reports due to minimum points of correspondence on record 12) Why aren't credit bureaus using procedures to suppress and prevent (or lock in) personal data in their files so as to prevent "updating" accurate personal data with bogus data thereby "legitimizing" fraud-related identifiers 13) Why are credit bureaus allowed to operate under the premise that "maximum information equals maximum accuracy" 14) Why doesn't the credit industry use point of sale identification as a minimum procedure to prevent low-tech fraud 15) Why do credit bureau reporting systems continue to allow automated application scoring of files which are "flagged" with fraud alerts 16) Why should a creditor rick losing thousands of dollars in extending instant credit when a credit file discloses a fraud alert 17) Why should Congress pass more federal legislation to force creditors to act reasonably (It is clear that only external risks, such as litigation by fraud victims, will force credit bureaus and creditors to correct these problems.) 18) Why don't credit bureaus use their system as a notice to duped creditors and inquirers that a particular victim's identity has been stolen and that all credit reporting is suspended pending resolution of those claims 19) Why should law enforcement attempt to investigate and prosecute credit defrauders when credit industry members refuse to assist 20) Why do law enforcement members believe that the creditors are the "real" victims of theft of identity 21) Why are creditors trying to recoup fraud losses from fraud victims 22) Since credit bureaus chose to be in the business of compiling and reporting data, they must accept the repsponsibility of correcting erroneous information reported by their subscribers. 23) Why do credit bureaus only require a 7 of 9 match on social security numbersThe most logical way to combat credit application fraud and theft of identity would be to allow fraud victims to "bring civil actions...and force the credit bureaus and duped creditors to pay damages when they act improperly in providing the defrauder the victim's personal information and/or thereafter refuse to prevent the creation and use of fraudulent accounts and report inaccurate data about the victim...." The onus should be on credit industry and not the fraud victim to spend time and money "cleaning up the mess created by the credit industry."
NBRC-
0371
Jean BraucherAuthor of Letter to the Editor in the Wall Street Journal, and University of Cincinnati Law School Professor


In this editorial, the author responds to a previous editorial from Diana Culp Bork, who had attributed the rise in personal bankruptcies to a decrease in social stigma. Ms. Bork recommended that this problem be resolved by forcing more debtors to choose chapter 13 over chapter 7. The author concludes that Ms. Bork's editorial was flawed and incorrect because economic factors such as downsizing have caused the increase in bankruptcy filings.The author concludes that debtors should not be forced to choose chapter 13 over chapter 7 because many debtors are financially strapped, and "adopting legal changes to catch the small fraction of cases involving abuse won't change that fact and could impose large costs on the bankruptcy system."
NBRC-
0371
William C. WhitfordAuthor of Letter to the Editor in the Wall Street Journal, and University of Wisconsin Law School Professor


In this editorial, the author responds to a previous editorial from Diana Culp Bork, who had attributed the rise in personal bankruptcies to a decrease in social stigma. Ms. Bork recommended that this problem be resolved by forcing more debtors to choose chapter 13 over chapter 7. The author cautions that Ms. Bork's proposal may be too radical of a change, and that we must first learn why chapter 13 debtors sometimes unable to obtain discharges. He notes that there are other approaches to limiting abuse by debtors, and that the "democratization of credit" has at least in part encouraged such abuse.The author concludes that debtors should not be forced t choose chapter 13 over chapter 7 because more moderate, measured remedies are available to combat bankruptcy fraud.
NBRC-
0371
Nick RayesAuthor of Letter to the Editor in the Wall Street Journal; Bankruptcy Attorney


In this editorial, the author responds to a previous editorial from Diana Culp Bork, who had attributed the rise in personal bankruptcies to a decrease in social stigma. Ms. Bork recoomended that this problem be resolved by forcing more debtors to choose chapter 13 over chapter 7. The author disagrees with Ms. Bork's conclusions, stating that the rise in bankruptcies is the result of excessive credit card debt. He argues that credit card companies must share part of the responsilibility for these filings.The author concludes that debtors should not be forced to choose chapter 13 over chapter 7 because creditors already have adequate means for combatting chapter 7 bankruptcy fraud. If a bank feels that there is "substantial abuse" by chapter 7 filers, they have the right to contest the discharge of the debt owed to them.
NBRC-
0384
American Bankruptcy InstituteAmerican Bankruptcy Institute ("ABI")


ABI presents this "Report on the State of the American Bankruptcy System," which is the capstone of ABI's three-year Bankruptcy Reform Study Project. The Project's efforts culminated with a 65-question survey covering a broad spectrum of possible areas of reform. The study indicates that: (1) in general, the Code of 1978 is working well; and (2) probelms of delay, excessive costs, unfairness, and abuse need to be addressed in the current round of reforms.ABI recommnds: (1) strict deadlines for dismissal or appointment of trustees to help combat abuse; (2) reorganization of chapter 11 policy to provide stricter time limits, elimination of non-viable debtors, and reduction of excessive professional fees; (3) relaxing eligibility requirements for consumer reorganizations under chapter 13, and providing time limits, limited discharge and uniform national exemptions; (4) high standards of integrity for all professionals; (5) a balance between creditors' and debtors' rights, and equality of distribution; and (6) not adopting priority classes of claimants.
NBRC-
0405
Richard T. WebbPresident & CEO, Atlantic Financial Federal Credit Union ("AFFCU")


Bankruptcy fraud is increasing, due primarily to the lack of stigma attached to bankruptcy. One area of particular concern is the "fresh money theory"--namely, cash advances taken within 20 to 30 days of filing for bankruptcy.Time frame during which cash advances are considered "fresh" shold be expanded.
NBRC-
0407
Edward L. MontedonicoAttorney
707(b)
This issue of abusive chapter 7 filing, e.g. debtors who could afford to pay their debts through chapter 13 but are filing under chapter 7 instead, has already been adequtely addressed by § 707(b). No additional provisions are necessary are needed to deal with this concern.No additional Code provisions are needed to address abusive chapter 7 filings. Title 11 does need to be fine tuned, but an overhaul of the system is not warranted.
NBRC-
0412
Ross C. Wilkinsonprivate individual


Bankruptcy law is being used to shield dishonest people who run up debts with no intention of repaying, making the United States an "unwitting accomplice in a scheme to defraud creditors."1) Establish a presumption that if a person seeks to excuse themselves from debts that amount to more than twice (or whatever multiplier the committee determines to be fair) their annual income they must have incurred those debts fraudulently, and the discharge should be disallowed. 2) Debts incurred for nondiscretionary expenses should be categorized separately from discretionary expenses and the former should not be discharged if the person did not have the income or wealth at the time to have a reasonable expectation of repayment. 3) Establish what, in essence, would be a small claims court division where creditors could represent themselves without an attorney. 4) Eliminate the concept of total discharge of a person's debts. Establish a minimum amount to be repayed. 5) Provide that where a petitioner fails to apppear and to testify at the creditor's meeting and the meeting is continued, the time for any creditor to file suit to bar the discharge of any debt be extended two weeks after the last continued meeting so that the creditor will not have to prepare or file suit in cases where the petitioner defaults.
NBRC-
0430
Gerald R. Miller Attorney. Letter received by E-mail - no location given.


Trustees in Chapter 7 and current administration of cases do a fine job. Do not initiate "random audits" of cases.
NBRC-
0445
Richard T. WebbPresident & CEO, Atlantic Financial Federal Credit Union


Author's financial institution is experiencing problems with bankruptcies of "members that have not been delinquent with [them], but for which [they] have lent money to help them payoff (sic) off other loans." "'Fraud' is also increasing!" Author believes "that the root cause is the lack of negative stigma that now is tied to a debtor that pursues bankruptcy. One such area of fraud involves the 'fresh money theory'".Author "would appreciate the Commission consider expanding the time frame during which cash advances are considered 'fresh'".
NBRC-
0458
Jan L. FortPrivate citizen


Author rented property to a tenant who defaulted and filed for bankruptcy. The bankruptcy case was dismissed for faillure to file a statement and/or plan. Author feels bankruptcy filing was fraudulent and solely to avoid eviction."I hope you will do something to correct these abuses."
NBRC-
0463
M.A. BouchardPrivate citizen


"This is one of the things why rents keep going up.""Bankruptcy is way out of line & never ment to be used in this way and should be kept as it was origanly intended for deversing people."
NBRC-
0467
Geraldine MundChief Judge, U.S. Bankruptcy Court, Central District of CaliforniaReport of the United States Bankruptcy Court Central District of California Ad Hoc Committee on Unlawful Detainer and Bankruptcy Mills.

Author is forwarding lastest report of of the Ad Hoc Committee on Unlawful Detainer and Bankruptcy Mills. "In summary, due to a variety of factors..., filings to stop eviction in the Central District of California have decreased from 16.9% in 1991 to 1% in 1996." " As we have previously urged, we hope that the Commission will deal with the abuse of the automatic stay in eviction actions."Congress should determine that in the case of a month-to-month tenancy or tenancy at will, there is no property to be protected.
NBRC-
0494
Richard T. WebbPresident & CEO, Atlantic Financial Federal Credit Union


Author was involved as creditor in Chapter 7 bankruptcy case where he alleged tht the loan was obtained fraudulently, and the Trustee recommended dismissal pursuant to 707(B). The debtor subsequently filed for Chapter 13, where author "was advised that fraud is not considered in determining dischargeability in Chapter 13 cases as it is in Chapter 7 cases. My point is that fraud is fraud, whether it is a Chapter 7 or a Chapter 13!!!!!!"None specified.
NBRC-
0550
Charles D. Bixby IICollections Officer, AB&W Credit Union


Author cites anecdotal evidence of cases of fraud in the filing of bankruptcies, in which people intentionally run up huge debts, then file for bankruptcy."So with this in mind I plea for a more effective checks and balances system within the bankruptcy system."
NBRC-
0592
Jean IannucciPrivate citizen


Author sold her house to a tenant and took back a purchase money mortgage. The debtor defaulted on payments and filed for bankruptcy. Author is "extremely distraught" that debtor is still living in the house, is not paying for the insurance, and has let the taxes lapse, leaving a tax debt as well, and creditor can't do anything about it.Change the bankruptcy law so that people who need to file can, but that people cannot take advantage of it.
NBRC-
0677
Thomas J. MillerAttorney General, State of Iowa


Author is concerned about cases in which fraud has been perpetrated on consumers, and the persons committing the fraud file bankruptcy to avoid reimbursing the victims, or they file an exception to discharge when their victims file for bankruptcy protection."We believe that these kind of debts warrant special attention when dischargeability standards are reviewed. One approach may be to consider deceptive trade practice judgements granted to a Staate as a non-dischargeable fraud. Additionally, to protect consumer-debtors victimized by consumer fraud, we urge the Commission to consider providing consumer-debtors an affirmative defense to discharge exception against creditors which created the debt through deceptive trade practices.
NBRC-
0677
Thomas J. MillerAttorney General, State of IowaCopy of loan agreement and basic cost information statement.

Author is concerned that "Adding the chapter 7 standards [of dischargeability] wholesale to chapter 13 may have the unintended consequence of encouraging some lender practices which we believe are unfair and deceptive. At the same time, those consumers who became indebted to those creditors who utilized these practices may find it harder and more expensive to obtain relief in bankruptcy court." Author identifies three areas of concern. First, "Fraud and 'Equity-Skimming' mortgage lending." This involves "asset-based lending", in which very expensive loans are written without regard to the financial ability to repay, and relying solely on the equity value in the borrower's home. Attorneys for such debtors often use chapter 13 as a quick and easy way out. Second, author notes the danger of open-end and credit card debt. Door-to-door salesmen sell high cost items, such as satellite dish antennas, and promise to arrange for financing, usually on a credit card with exhorbitant interest. The consumer-debtor receives no information telling them up front how much the financing will cost them. If the bankruptcy code makes it easier for open-end creditors to be exempt from discharge, this could encourage what author considers to be an unfair and deceptive credit practice. Finally, author warns of another form of consumer lending scheme which could be affected by the way bounced check debts are treated for purposes of determining dischargeability under fraud statutes. Some lenders will take a check, post dated two weeks, for a certain amount, then advance a lesser sum immediately, and deposit the check two weeks later for a profit. Often, the loan works out to an enormous interest rate, 450% in the example given. These are illegal in some states, but legal in others such as Iowa. "It would seem not onlyh harsh to the debtor to allow the 400+% lender a privileged status, but also unfair to other unsecured lenders."Be aware of the fraudulent schemes being perpetrated on consumers and take these into account in changing provisions for exception to dischargeability.
NBRC-
0699
Edith H. Jones Bankruptcy Judge


Author does not remember discussing a fee shifting proposal within the Consumer Working Group. "What are the 'false claims' covered by this idea""I am bothered by the policy of adding fee-shifting provisions throughout the Code. Let's either do it for all parties or for none."
NBRC-
0728
John C. AkardU.S. Bankruptcy Judge, Northern District of TexasCopy of letter dated 5/2/97 to Susan Jane Darnold from office of United States Trustee; Copies of 4 letters dated 3/26/97 from Judge Akard to the Bankruptcy Commissioners on different topics.

"Certainly there is nothing wrong in the audits you propose. However, I am not aware that this is a problem....It is up to the creditors to provide the information they possess to the Chapter 7 trustee or to the auditor. I have seen several instances in which trustees reported unscheduled assets. In those instances, eithte the Chapter 7 Trustee or the United States Trustee didligently followed up on creditor suggestions fo concealed assets. Attached is a letter which shows the thorough manner in which the U.S. Trustee's staff investigates complaints and comments."No specific solutions proposed.
NBRC-
0735
Seth LehrmanAttorney


"Creditors have threatened and filed meritless dischargeability complaints alleging fraud against several of my clients. I believe that in many instances the creditors attorneys are testing me or my client, or are simply sending boiler plate correspondence and pleadings to coerce reaffirmation." "However, it is often not cost effective for my clients to defend these actions since they may be liable for their own attorney fees even if we successfully defend the action.""The code should provide mandatory attorney fees and statutory damages against creditors who bring nondischargeability complaints without just cause."
NBRC-
0743
Kevin R. McCarthy, Esq. Attorney, FAX transmission with no address


Author relates history of case in which he and his client (creditor) believe the debtor is transferring fractional interests in a property to fictitious individuals, who either file a voluntary proceeding, or another individual files an involuntary proceeding against them. They have been unable to substantiate names, addresses, phone numbers and social security numbers on the filings; nevertheless, the courts have been slow to assist. "I urge you to support your discussion paper [on consumer bankruptcy] and use every resource available to you in seeing its implementation."
NBRC-
0777
Bruce CramerPresident, O Bee Credit Union


"Under the current code, ther are not provisions for a creditor to bring [abuse, fraud, concealment of assets] to the attention of the trustee. Bankrupts have transferred assets to others or just falsified their filings because ther is no post filing audit or any way for someone to bring discrepancies to the court's attention.""The bankruptcy code needs a way that creditors can point out abuse, fraud, or the concealment of assets."
NBRC-
0787
Bart DeCampVP-Lending, School Employees Credit Union Clark County


Author feels that bankruptcy is used as a strategy to gain financial reward. "Debtors are lavishly spending durieng the holidays or purchasing a new auto knowing they are filing shortly thereafter. The filing is premeditated."No specific solution proposed.
NBRC-
0804
Robert R. WeedAttorney, Law Office of Robert Ross Weed


"I emphasize to my moderate and higher income clients to fill in their budget as though they might have to prove what they put down, but it would probably be better if I could add that there is an audit procedure. If, as the creditor community argues, there is widespread fraud, this is a major concession I'm glad to make.""I can't object to random audits."
NBRC-
0806
Jill M. SturtevantAssistant General Counsel, Bank of America


"We endorse the random audit of bankruptcy files.""We believe that the proposal should contain a provision rescinding discharge if materially inaccurate information is uncovered."
NBRC-
0867
Sidney B. Brooks U.S. Bankruptcy Judge, District of Colorado Memorandum Opinion and Order in case of In re Tanenbaum and Mann 707 10 Author is forwarding a decision he handed down in the case of In re Tanenbaum and Mann. It "discusses the problems and anomalies in the Bankruptcy Code and attendant rules which govern the much debated issue of bad faith Chapter 7 filings by high income debtors." Author raises three issues: 1) Preventing or deterring high income or "well-to-do" debtors from discharging all their debt in Chapter 7, and refraining from repaying any portion of their outstanding, unsecured debt; 2) the explicit distinction between dismissal of Chapter 7 cases of "consumer" debtors versus"business" debtors is inherently discriminatory and inequitable; and, 3) Tanenbaum's case was not dismissed because the rules, incomplete and rigid, compel granting of a discharge without adequate time or opportunity to dismiss for bad faith, or other wrongdoing, under Section 707(a). 1) Prevention of such abuses "can be rather easily and quickly implemented by deft adjustment of Section 707 of the Code and Rule 1017(e), Fed. R. Bankr.P. More dramatic, extensive or Draconian modifications of the Code to deal with this issue are neither necessary nor advisable. The "cure" of substantial Code modifications to deal with this problem could easily have unintended and unforeseen harsh consequences; 2) Make cases based on business debt subject to dismissal for "substantial abuse" under subsection (b) just as cases based on consumer debt are; 3) change the rules so that they do not restrict the filing of a motion to dismiss for bad faith or other wrongdoing, under Section 707(a) to a certain time frame.
NBRC-
0870
Joe LeeChief Judge, U.S. Bankruptcy Court, Eastern District of Kentucky


"The proposal for random audits to verify the accuracy of the representations made in the debtor's schedules cannot be justified economically, especially in view of the fact there is little reliable evidence of intentional omissions by consumer debtors from schedules filed with their bankruptcy petitions.""Instead of saddling taxpayers with the expense of setting up a mechanism for conducting such audits..., why not privatize this concept. This can be done by requiring consumer debtors to file, preferably with the petition or within a short period of time thereafer, a credit bureau report."
NBRC-
0874
Robin L. LambAuthor writes on behalf of the Board of Directors, Staff and Credit Committee of Allsteel Employees' Credit Union.


"Audit would protect both the debtor and the creditor and would help identify the success of the system.""We feel that random audits to verify the accuracy of bankruptcy schedules for debtors should be mandatory."
NBRC-
0884
Norma HammesPresident, National Association of Consumer Bankruptcy Attorneys


The provision for debtor audits "offers a new opportunity for creditors and collection agents to threaten debtors, pre-petition, with a court inventory of their personal items in order to further discourage them from obtaining the bankruptcy relief they need. In addition, there has been no evidence presented of any widespread debtor fraud to justify creation of such a costly new process."Do not institute debtor audits.
NBRC-
0916
Joseph PatchanDirector, U.S. Department of Justice, Executive Office for United States Trustees


The Proposal by the Consumer Bankruptcy Working Group includes a provision by which all consumer debtors would be subject to random audits to verify the accuracy of the representations contained in their schedules."We support the concept of debtor audits." Author also feels that the U.S. Trustee's office should be responsible for the audits, but they are concerned about the scope and cost of the proposal under consideration."To meet these concerns, we urge the Commission to recommend a two-year pilot program during which the United States Trustees could develop and test an audit program."
NBRC-
0925
C. Michael StilsonBankruptcy Judge, Northern District of Alabama, Western Division

11Author feels that the "substantial" changes proposed to the Bankruptcy Code are not necessary, and that remedies already exist for most of the problems addresed by the Consumer Bankruptcy Working Group. Author addresses each proposal of the Working Group. With regard to audits, author suggests that these be done through the existing offices of the Bankrkuptcy Administrator or United States Trustees' Office and not create any additional offices. He would also apply it to Chapter 11 cases. He also points out that "Statutes are already in place to maek criminal certain actions in bankruptcy cases." and goes on to discuss these. He feels that the proposed national filing system would be beneficial. N/A
NBRC-
0988
Perry CaligiuriPresident and CEO, First Iowa Community Credit Union


Author feels it is unfair that creditors should be penalized if they unknowingly file a false claim, but debtors can "knowingly" file a false schedule or not disclose assets and it is difficult for the creditors to prove their case."I respectfully ask the Commission to consider similar penalties for debtors who file false claims."
NBRC-
0992
Kay L. CampbellCompliance Officer, McDonnell Douglas West Federal Credit Union


Author feels that random audits will increase detection of fraud and abuse and will deter the filing of bankruptcy with fraudulent intent.Author supports the Commission's proposal to require random audits to verify accuracy of the representations made in the debtors' schedules.
NBRC-
1016
Richard T. WargoCompliance and Information, Pennsylvania Credit Union League & Pacul Services, Inc.


"The Commission prpoposes to authorize bankruptcy courts to order creditors who file and fail to correct 'materially false' claims to pay debtor's costs and attorneys' fees involved in correcting the claim. Additional sanctions may be imposed where a creditor knowingly files a false claim.""The Commission should define 'materially false'...Creditors should not be punished for bona fide errors. Nor should a debtor receive a remedy when a creditor corrects a bona fide error."
NBRC-
1145
Polly S. HigdonBankruptcy Judge, District of OregonLetter by author to Mr. James Shepard dated January 7, 1997.707(b)
Author is concerned that she has seen no discussion of §707(b). Abuses are occuring because the Code does not provide a standard for "substantial abuse" or because for some reason some courts or U.S. Trustees are not using this section.Sspecific guidelines for determining when a motion to dismiss under §707(b) should be promulgated. There should be a directive that the U.S. Trustee must file such a motion if the guidelines are triggered. It should be clearly stated that creditors are not prohibited from providing information to the U.S. Trustee about the debtor's finances, but if he decides to pursue the matter, the Trustee should be required to make an independent review of the facts prior to filing a motion.


 

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