American Bankruptcy Institute | Quick Poll Archive 2007

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2008
Nov 3	In an action alleging a pattern of abuse by a mortgage lender in Ch. 13 cases, the U.S. Trustee lacks authority under the Code to pursue punitive sanctions on behalf of the public by way of an adversary proceeding. (Walton v. Countrywide Home Loans, S.D. Fla).


Oct 20	Are bankruptcy courts “courts of the U.S.” for purposes of authority to impose sanctions pursuant to 28 USC 1927, even though bankruptcy courts are not a defined court in 28 USC 451? (In re Schaefer Salt Recovery (3rd Cir 2008).


Oct 10	The Federal bailout legislation will be effective in reducing the number of foreclosures to deserving borrowers.


Sep 29	A state statute that applies only to bankruptcy debtors, allowing them a higher “wildcard” exemption than the Bankruptcy Code allows, violates the Supremacy Clause. In re Regevig, 2008 WL 2502981 (Bankr. D. Ariz. June 24, 2008).


Sep 15	A debtor with negative projected disposable income, but proposing voluntary payments of $1000 per month for three years, is not subject to the applicable commitment period of five years. In re Kagenveama, 527 F.3d 990 (9th Cir. 2008)


Aug 25	Congress should legislatively overturn the Supreme Court’s Piccadilly opinion by amending section 1146(a) to ease the tax liability on asset sales pre-confirmation.


Aug 4	Debtors’ good faith use of a 401(k) loan to pay off debt in an attempt to avoid bankruptcy constitutes special circumstances rebutting the presumption of abuse in a chapter 7 case. In re Cribbs, 387 B.R. 324 (Bankr. S.D. Ga. 2008)