size='3'>Contact:
Hartgen
(703) 739-0800
href='mailto:jhartgen@abiworld.org'>jhartgen@abiworld.org
RECLAMATION
RIGHTS UNDER BAPCPA NOW EXCLUSIVELY A MATTER OF FEDERAL LAW, ACCORDING
TO NEW ABI POLL
size='3'>November 7, 2006, Alexandria, Va.
size='3'>— Forty-four percent of respondents in a recent American
Bankruptcy Institute online poll agreed that the right of reclamation
under §546(c) is now exclusively a matter of federal law, rather
than a combination of federal and state law as it was prior to the
implementation of the new bankruptcy law. Twenty-six percent of
respondents “strongly agreed” and another 18 percent
“agreed somewhat” that reclamation rights are now exclusive
to federal law under the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (BAPCPA).
Thirty-two percent disagreed
that the right of reclamation under BAPCPA is now exclusive to federal
law, rather than its previous standing as a combination of federal and
state law. Twenty-seven percent of respondents “strongly
disagreed,” while 5 percent “somewhat disagreed” that
reclamation rights were exclusive to federal law under BAPCPA.
Twenty-four percent did not know or had no opinion on the
issue.
ABI members and members of the
public were welcome to submit their response to the statement:
“After BAPCPA, the right of reclamation under §546(c) is
now an exclusive matter of federal law, rather than a combination of
federal and state law.” The latest ABI Quick Poll that
was open for voting from Oct. 20-Nov. 1.
ABI’s weekly Quick Poll
is posted on ABI’s home page,
href='http://www.abiworld.org/'>
size='3'>www.abiworld.org
size='3'>. ABI members and the public are invited to respond to a
question on a timely bankruptcy or insolvency issue. Visit
href='http://www.abiworld.net/quickpoll/'>
color='#0000ff' size='3'>http://www.abiworld.net/quickpoll/
to access the results of previous
ABI Quick Polls.
###
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
href='http://www.abiworld.org/conferences.html'>
color='#0000ff'>http://www.abiworld.org/conferences.html.