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Direct Appeal from Bankruptcy Court Not Permitted if Case Filed Prior to BAPCPA According to New ABI Poll

Contact: John Hartgen
             (703) 739-0800
             jhartgen@abiworld.org

DIRECT APPEAL FROM BANKRUPTCY COURT NOT PERMITTED IF CASE FILED PRIOR TO BAPCPA, ACCORDING TO NEW ABI POLL

September 22, 2006, Alexandria, Va. —The majority of respondents (67 percent) in a recent American Bankruptcy Institute online poll agreed that Sect. 1223 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), permitting direct appeals from a bankruptcy court to the court of appeals does not apply to cases filed prior to the new law’s implementation. Fifty percent of respondents “strongly agreed” that Sect. 1223 was inapplicable to bankruptcy cases filed prior to BAPCPA, while 17 percent “somewhat agreed.”

Conversely, 21 percent disagreed that cases filed prior to BAPCPA are not permitted to the direct appeal granted by Sect. 1223 of BAPCPA from the bankruptcy court to the court of appeals upon agreement by the courts that the case should be appealed. Twelve percent of respondents “strongly disagreed,” while 9 percent “disagreed somewhat” that Sect. 1223 was inapplicable to cases filed before BAPCPA. Twelve percent did not know or had no opinion.

In June, the Ninth Circuit Bankruptcy Appellate Panel held that the direct appeal provisions of BAPCPA do not apply to appeals arising from cases filed before Oct. 17, 2005. (In re Berman, BAP No. AZ-06-1133.)

ABI members and members of the public were welcome to submit their response to the statement: “Section 1233 of BAPCPA, which permits a direct appeal from the bankruptcy court to the court of appeals if both courts agree that it should be appealed, is inapplicable to bankruptcy proceedings filed before its effective date.”  The latest ABI Quick Poll that was open for voting from Sept. 15-21.

ABI’s weekly 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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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 http://www.abiworld.org/conferences.html.