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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: Reference/Abstention
Problem ReferencedProposed Solutions
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 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 issue.
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 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 mandatorySupports some form of reference system, and believes that abstetion should be at the discretion of the bankruptcy court.


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