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ABI Journal

Judges Should be Allowed to Comment on BAPCPA in Judicial Opinions According to Latest ABI Poll

Contact: John
Hartgen


            

(703) 739-0800

            

jhartgen@abiworld.org

JUDGES SHOULD

BE ALLOWED TO COMMENT ON BAPCPA IN JUDICIAL OPNINIONS, ACCORDING TO
LATEST ABI POLL


size='3'>January 3, 2007, Alexandria, Va.

size='3'>— A majority (68 percent) of respondents in a recent
American Bankruptcy Institute online poll disagreed that judges should
temper their negative comments about BAPCPA in judicial opinions because

it otherwise suggests an adversarial relationship between the judiciary
and Congress. Fifty-nine percent of respondents “strongly
disagreed” and another nine percent “disagreed
somewhat” that judges should temper their comments about BAPCPA in

judicial opinions.

Twenty-nine percent agreed that

judges should temper their negative comments about BAPCPA in judicial
opinions because it would suggest an adversarial relationship between
the judiciary and Congress. Thirteen percent of respondents
“agreed strongly,” while 16 percent “somewhat
agreed” that judges should temper their comments about BAPCPA in
judicial opinions in order to not suggest an adversarial relationship
between the judiciary and Congress. 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:
Judges should
temper their negative comments about BAPCPA in judicial opinions because

it otherwise suggests an adversarial relationship between the judiciary
and Congress.”  
The latest ABI Quick Poll was open for voting from Dec.
21-28.

Several judges have been very
outspoken in their criticism of BAPCPA, in judicial opinions, press
reports and Congressional testimony. The criticism has created tension
with some of BAPCPA’s sponsors in Congress who have questioned
whether the conduct violates the ethical rules for judges.

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.

###

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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
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href='
http://www.abiworld.org/conferences.html'>
color='#0000ff'>http://www.abiworld.org/conferences.html
.

Wednesday, January 3, 2007