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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: Jury Trials
IDNameGroupOtherCode
Sec
Cross
Ref
Problem ReferencedProposed Solutions
NBRC-
0005
Richard L. HaeusslerLaw Offices of Richard L. Haeussler. Sole practitioner who represents chapter 7 & 13 debtors.
28 U.S.C. § 157(b)(2)(O)
No rational basis for excluding personal injury claims from jurisdiction of Bankr. Courts. In most cases court will grant relief from the stay after a number of appearances.Give Bankr. Judges jurisdiction to hear personal injury claims
NBRC-
0011
Honorable Leif M. ClarkJudiciary; United States Bankruptcy Court for the Western District of Texas
28 U.S.C. § 157
Within this dispute over the issue of jury trials in core proceedings are the seeds of another "Marathon" which has the potential of giving rise to another "jurisdictional donnybrook of the sort that crippled the system" in 1982.Commission should examine the issue.
NBRC-
0178
Gary White, on behalf of the Natl. Assoc. of Credit ManagementChair, Government Affairs Comm., Natl. Assoc. of Credit Management
28 U.S.C. § 157(b)(5)
Working group's proposal regarding personal injury and wrongful death claims would allow the court to administer these cases in an expedient and "complete" manner, greatly reducing court administration and referral burdens.NACM supports the working group's proposal on personal injury and wrongful death claims.
NBRC-
0303
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 there is a rational basis for excluding personal injury claims from the jurisdiction of bankruptcy courts.The CLLA believes that this issue should receive top priority because it represents a fundamental issue facing the bankruptcy system today.
NBRC-
0303
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 permitted to conduct jury trials even with the consent of both parties. If they should not, how should the system address jury demands made for strategic advantageThe CLLA believes that this issue should receive moderate priority.
NBRC-
0304
Arthur J. SpectorBankruptcy Judge (E.D. Mich.)Copy of opinion from In re Dow Corning Corp.

Special interest legislation, in particular the removal of personal injury and wrongful death claims from the jurisdiction of the bankruptcy courts, despoil the Code. No real bankruptcy policy justifies this removal, which has resuled in a jurisidictional nightmare in the "mega-cases."Special interest legislation, in particular the jurisdictional provisions for personal injury and wrongful death claims, should be repealed.
NBRC-
0320
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 personal injury claims.To the extent that the bankruptcy court is restructured as an Article III court, there would appear to be no rational basis for excluding personal injury claims from the court's jurisdiction.
NBRC-
0320
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 jury trials.Due to constitutional concerns, Article I bankruptcy courts should only be permitted to conduct jury trials with the consent of the parties.


 

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