Contact: John Hartgen
(703) 739-0800
jhartgen@abiworld.org
DEBTOR WHO
RECEIVES DISCHARGE NOT ENTITLED TO RECOVER AN UNDISCLOSED TORT CLAIM,
ACCORDING TO LATEST ABI POLL
size='3'>July 10, 2006, Alexandria, Va.
size='3'>— Nearly 80 percent of respondents to a recent American
Bankruptcy Institute online poll agreed that the trustee, not a debtor
who receives a discharge from bankruptcy, can recover a previously
undisclosed tort claim.
size='3'>Of the majority of respondents, 62 percent “strongly
agreed” and 16 percent “somewhat agreed” that a debtor
who receives a discharge cannot recover on a previously undisclosed tort
claim; rather that the claim belongs to the trustee for the benefit of
the creditors.
Conversely, only 6 percent of
respondents “disagreed strongly” and another 5 percent
“disagreed somewhat” that undisclosed tort claims should be
recovered by the trustee rather than by a debtor who has received a
discharge. Eleven percent of the respondents did not know or had no
opinion on the issue.
ABI membership and
members of the public were welcome to submit their response to the
statement: “Question:
size='3'>A debtor who receives a discharge cannot recover on a
previously undisclosed tort claim; rather the claim belongs to the
trustee for the benefit of creditors.”
size='3'>The latest ABI Quick Poll was open for voting to the public and
ABI members from June 30 – July 6.
The ABI Quick Poll is posted on
ABI’s home page,
face='Times New Roman' color='#800080'
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.
###
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dedicated to research and education on matters related to insolvency.
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analysis of bankruptcy issues. The ABI membership includes more than
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