Contact: John Hartgen
(703) 739-0800
jhartgen@abiworld.org
DIRECT APPEAL
FROM BANKRUPTCY COURT NOT PERMITTED IF CASE FILED PRIOR TO BAPCPA,
ACCORDING TO NEW ABI POLL
size='3'>September 22, 2006, Alexandria, Va.
size='3'>—The majority of respondents (67 percent) in a recent
American Bankruptcy Institute online poll agreed that Sect. 1223 of the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(BAPCPA), permitting direct appeals from a bankruptcy court to the court
of appeals does not apply to cases filed prior to the new law’s
implementation. Fifty percent of respondents “strongly
agreed” that Sect. 1223 was inapplicable to bankruptcy cases filed
prior to BAPCPA, while 17 percent “somewhat
agreed.”
Conversely, 21 percent
disagreed that cases filed prior to BAPCPA are not permitted to the
direct appeal granted by Sect. 1223 of BAPCPA from the bankruptcy court
to the court of appeals upon agreement by the courts that the case
should be appealed. Twelve percent of respondents “strongly
disagreed,” while 9 percent “disagreed somewhat” that
Sect. 1223 was inapplicable to cases filed before BAPCPA. Twelve percent
did not know or had no opinion.
In June, the Ninth
Circuit Bankruptcy Appellate Panel held that the direct appeal
provisions of BAPCPA do not apply to appeals arising from cases filed
before Oct. 17, 2005. (
size='3'>In re Berman, BAP No.
AZ-06-1133.)
ABI members and members
of the public were welcome to submit their response to the statement:
“Section 1233 of BAPCPA, which permits a direct appeal from the
bankruptcy court to the court of appeals if both courts agree that it
should be appealed, is inapplicable to bankruptcy proceedings filed
before its effective date.”
The latest ABI Quick Poll that was open for voting from
Sept. 15-21.
ABI’s weekly Quick Poll
is posted on ABI’s home page,
href='/AM/Template.cfm?Section=Home'>
color='#800080' size='3'>www.abiworld.org. ABI members and the public are invited to respond
to a question on a timely bankruptcy or insolvency issue. Visit
size='3'>http://www.abiworld.net/quickpoll/ to access the results of previous ABI Quick
Polls.
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ABI is the largest
multi-disciplinary, nonpartisan organization dedicated to research and
education on matters related to insolvency. ABI was founded in 1982 to
provide Congress and the public with unbiased analysis of bankruptcy
issues. The ABI membership includes more than 11,500 attorneys,
accountants, bankers, judges, professors, lenders, turnaround
specialists and other bankruptcy professionals, providing a forum for
the exchange of ideas and information. For additional information on
ABI, visit www.abiworld.org. For additional conference information,
visit
face='Times New Roman' color='#0000ff'
size='3'>http://www.abiworld.org/conferences.html
face='Times New Roman' size='3'>.