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,
|Commercial Law League of America||Commercial Law League of America (CLLA)||The Commerical Law League of
America believes that the following issue should be considered by the
NBRC: whether Congress should eliminate provisions in Title 28 requiring
mandatory abstention from the exercise of jurisdiction by the district
court in certain circumstances,||The CLLA
believes that this issue should receive moderate priority, and does not
recommend a significant investment of the NBRC's resources on this
|Robert M. Zinman, on behalf of the Bankruptcy
Institute||American 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 as long as the bankruptcy system remains as
an Article I court, the vesting jurisdiction initially in the U.S.
District Court would seemingly mandate some form of reference system.
With regard to abstention, if the bankruptcy power is to be exercised in
such a away as to deal with the often comprehensive and complex issues
that arrive in chpater 11 cases, abstention should be discretionary and
not mandatory||Supports some form of
reference system, and believes that abstetion should be at the
discretion of the bankruptcy court.