ABI debate
ABI Great Great Debates
April 28, 2005, 10:20 PM / 7 Questions


Question #1
Response #1
Total Votes 120
Avg Vote 3.27
ABI Great Debates
The Washington Nationals baseball team will have a winning season this year.
1. Agree strongly 12% 14
2. Agree somewhat 21% 25
3. Disagree somewhat 14% 17
4. Disagree strongly 36% 43
5. Don't know/no opinion 18% 21


Question #2
Response #2
Total Votes 123
Avg Vote 2.07
ABI Great Debates
Where the text of the statute is plain, the court should apply the law as written, notwithstanding policy considerations.
1. Agree strongly 37% 45
2. Agree somewhat 32% 39
3. Disagree somewhat 20% 24
4. Disagree strongly 12% 15
5. Don't know/no opinion 0% 0


Question #3
Response #3
Total Votes 106
Avg Vote 2.79
ABI Great Debates
Because the plain meaning rule is at odds with the practical realities of bankruptcy reorganization, in applying the rule, bankruptcy judges should not be constrained to the same extent as other federal judges.
1. Agree strongly 15% 16
2. Agree somewhat 29% 31
3. Disagree somewhat 22% 23
4. Disagree strongly 29% 31
5. Don't know/no opinion 5% 5


Question #4
Response #4
Total Votes 137
Avg Vote 2.27
ABI Great Debates
The court should determine the specific risk profile of the reorganizing debtor in fixing the appropriate interest rate for use in the cramdown of a plan on a secured creditor.

1. Agree strongly 41% 56
2. Agree somewhat 20% 28
3. Disagree somewhat 10% 14
4. Disagree strongly 28% 38
5. Don't know/no opinion 1% 1


Question #5
Response #5
Total Votes 142
Avg Vote 3.01
ABI Great Debates
The prime rate adequately compensates a secured lender receiving payment over time on an allowed secured claim.
1. Agree strongly 15% 21
2. Agree somewhat 20% 28
3. Disagree somewhat 15% 21
4. Disagree strongly 51% 72
5. Don't know/no opinion 0% 0


Question #6
Response #6
Total Votes 137
Avg Vote 2.49
ABI Great Debates
The equitable remedy of bankruptcy is not available to a solvent, liquid debtor to avoid a financial obligation that the debtor has the full ability to pay.
1. Agree strongly 32% 44
2. Agree somewhat 19% 26
3. Disagree somewhat 18% 24
4. Disagree strongly 31% 42
5. Don't know/no opinion 1% 1


Question #7
Response #7
Total Votes 133
Avg Vote 3.02
ABI Great Debates
Permitting a solvent debtor to use the bankruptcy laws simply to avoid legal obligations exceeds Congress's constitutional authority to enact uniform bankruptcy laws.
1. Agree strongly 18% 24
2. Agree somewhat 16% 21
3. Disagree somewhat 14% 19
4. Disagree strongly 50% 67
5. Don't know/no opinion 2% 2