Contact:
Hartgen
(703) 739-0800
href='mailto:jhartgen@abiworld.org'>jhartgen@abiworld.org
size='3'>ATTORNEYS DIVIDED ON LIABILITY FOR PRO BONO
size='3'>WORK POST-BAPCPA, SAY MOST RESPONDENTS IN LATEST ABI
POLL
size='3'>December 11, 2006, Alexandria, Va.
size='3'>— The results of a recent American Bankruptcy Institute
online poll showed that respondents were nearly polarized over the
question of whether an attorney performing work on a
face='Times New Roman' size='3'>pro bono basis
is exposed to liability under the new bankruptcy law. Twenty-six percent
“agreed strongly,” while 33 percent “disagreed
strongly” that pro
bono work does not expose an attorney to
liability under the new law because the new statute says that services
must be performed for valuable consideration.
An additional 13 percent
of respondents “disagreed somewhat” that an
attorney’s pro
bono work cannot expose them to liability
under BAPCPA because the statute says that services must be performed
for valuable consideration, while 18 percent “somewhat
agreed.” Eleven percent of the respondents did not know or had no
opinion on the issue.
At ABI’s recent program
on the one-year anniversary of the new law, Donald F. Walton, Acting
Deputy Director of the Executive Office for U.S. Trustees (EOUST), said
his office would not bring any actions against attorneys who are
operating pro bono. EOUST interprets the “debt relief
agency” provisions to apply to those who have accepted money or
other valuable considerations.
ABI membership and members of
the public were welcome to submit their response to the statement:
“An attorney’s work
performed pro bono
face='Times' size='3'>cannot expose them to liability under BAPCPA
because the statute says services must be performed for valuable
consideration.
face='Times New Roman' size='3'>” The
latest ABI Quick Poll was open to the public for voting from Nov.
30-Dec. 7.
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
face='Times New Roman' color='#0000ff'
size='3'>http://www.abiworld.org/conferences.html
face='Times New Roman' size='3'>.