ABI Quick Poll Congress Should Modify the Chapter 13 Superdischarge
ABI Quick Poll Congress Should Modify the Chapter 13 Superdischarge
Contact: John Hartgen
[email protected]
703-894-5935
CONGRESS SHOULD MODIFY THE CHAPTER 13 “SUPERDISCHARGE” TO ELIMINATE MORE OF THE EXCLUSIONS TO DISCHARGE, ACCORDING TO LATEST ABI QUICK POLL
February 28, 2011, Alexandria, Va.— A majority of
respondents (52 percent) in a recent ABI Quick Poll said that Congress
should modify the chapter 13 “superdischarge” to eliminate
more of the exclusions to a discharge for a consumer chapter 13 filing.
Forty-four percent of respondents “strongly agreed” that
Congress should modify the chapter 13 superdischarge, while 8 percent
“somewhat agreed.”
While the Bankruptcy Abuse Prevention and Consumer Protection Act of
2005 diminished the extent of the superdischarge in a chapter 13
proceeding, discharges for consumers under chapter 13 remain broader
than for those filing under chapter 7. Superdischarges can include the
ability to discharge some tort damage claims, untimely filed tax claims,
marital settlement debts and others under 11 U.S.C. §1328.
Forty-two percent of respondents did not think that Congress should
modify the chapter 13 superdischarge to eliminate more of the exclusions
to a discharge. Thirty-six “strongly disagreed” and 6
percent “somewhat disagreed” that Congress should modify the
chapter 13 superdischarge to eliminate more of the exclusions to a
discharge. Five percent did not know or had no opinion on the poll
question.
ABI members and members of the public were welcome to submit their
response to the statement: “Congress should modify the chapter 13
‘superdischarge’ to eliminate more of the exclusions to
discharge.”
ABI’s Quick Poll is posted on ABI’s home page, www.abiworld.org. ABI members and
the public are invited to respond to a question on a timely bankruptcy
or insolvency issue. Visit http://www.abiworld.net/quickpoll/
to access the results of previous ABI Quick Polls.
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