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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.)

Jurisdiction: Contempt Power
Problem ReferencedProposed Solutions
Honorable Leif M. ClarkJudiciary; United States Bankruptcy Court for the Western District of Texas

The law is unclear with respect to whether bankruptcy courts have the authority to enforce their orders through contempt.None Proposed.
Commercial Law League of AmericaCommercial Law League of America (CLLA)

The Commerical Law League of America believes that the following issue should be considered by the NBRC: whether bankruptcy courts should be authorized to exercise the full range of contempt powers currently exercised by the district courts.The CLLA believes that this issue should receive top priority, and that the Code should be amended to clearly provide language authorizing bankruptcy courts to exercise contempt powers.
Robert M. Zinman, on behalf of the Bankruptcy InstituteAmerican Bankruptcy Institute ("ABI")Numerous position papers, memoranda and research material

In this statement before the NBRC, the author states that ABI members generally agree that the Article 1/Article III choice also has implications for contempt powers.Due to constitutional concerns, Article I bankruptcy courts should exercise contempt powers only as strictly circumscribed with review by the district court.


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