Legislation Committee


Post date: Thursday, November 01, 2007

Representative Miller (D–N.C.) introduced H.R. 3915 on Oct. 22, 2007 on his own behalf and on behalf of Representatives Watt (D–N.C.) and Frank (D–Mass.). The bill would enact the Mortgage Reform and Anti-Predatory Lending Act of 2007 (MRAPLA). MRAPLA includes three titles, each of which deals with residential mortgages.

Post date: Thursday, November 01, 2007

H.R. 3609. This bill, entitled the “Emergency Home Ownership and Mortgage Equity Protection Act of 2007,” was introduced by Rep. Brad Miller (D-N.C.) and Rep. Linda Sanchez (D-Calif.) on Sept. 20, 2007.

Post date: Tuesday, May 01, 2007

A widely held assumption in bankruptcy cases and other litigation is that fraudulent intent cannot be established on a summary judgment motion but may only be found after a full trial on the merits.

Post date: Tuesday, May 01, 2007

The U.S. Bankruptcy Court for the Eastern District of New York recently decided in In re R.F. Cunningham & Co. Inc., 355 B.R. 408 (Bankr. E.D.N.Y. 2006), in the context of a motion to lift the automatic stay, that a statutory lien under Ohio law was susceptible to being avoided as a secret lien under §544(a)(1) of the Bankruptcy Code.

Post date: Saturday, October 01, 2005

Reps. John Conyers (D-Mich.), Mel Watt (D-N.C.), Jerrold Nadler (D-N.Y.) and Sheila Jackson-Lee (D-Texas) introduced legislation (H.R.

Post date: Monday, November 01, 2004

A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursuant to §722 of the Bankruptcy Code. Although there remains a split of authority on the question, the prevailing view is that the appropriate measure of value for a contested redemption is the liquidation value of the property.

Post date: Tuesday, June 01, 2004

This bill passed the House by a vote of 418 - 0 and is now pending in the Senate Judiciary Committee. The legislation is responsive to the decision of the U.S. Supreme Court in Lexecon, Inc. v.

Post date: Thursday, January 01, 2004

On March 19, 2003, the House passed the Bankruptcy Abuse Prevention and Consumer Act of 2003, (H.R. 975), the “Bankruptcy Reform Legislation” that included 27 new bankruptcy judgeships approved by the Judicial Conference of the United States several years ago. The bill was sent to the Senate, but no action was taken on it.


Mr. Joseph Pack
Pack Law, P.A.
Miami, FL
(305) 916-8700

Mr. Donald L. Swanson
Koley Jessen
Omaha, NE
(402) 343-3726

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