Post-Petition Events Count When Deciding Whether to Dismiss According to New ABI Poll
Contact: John Hartgen
POST-PETITION EVENTS COUNT WHEN DECIDING WHETHER TO DISMISS, ACCORDING TO NEW ABI POLL
September 12, 2006, Alexandria, Va. —The majority of respondents (63 percent) in a recent American Bankruptcy Institute online poll agreed by a wide margin that when a court decides whether to dismiss a bankruptcy case for substantial abuse under Bankruptcy Code §707(b), post-petition activity should be factored into the decision. Forty-eight percent “agreed strongly,” while 15 percent “somewhat agreed” that post-petition abusive actions should be considered in a court’s decision to dismiss.
Conversely, 34 percent disagreed with that assessment; 27 percent of respondents “strongly disagreed,” while 7 percent “disagreed somewhat” that post-petition events should be taken into account when deciding whether to dismiss a case for substantial abuse under §707(b). Three percent of the respondents 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: “When deciding whether to dismiss a case for substantial abuse under Code §707(b), a bankruptcy court should consider post-petition events.” The latest ABI Quick Poll was open to the public for voting from Sept. 1-7.
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.
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.