The good faith fable of 11 U.S.C. s. 707(a): how bankruptcy courts have invented a good faith filing requirement for Chapter 7 debtors

Article Abstract:

Bankruptcy filings under Chapter 7 are not subject to a requirement of good faith, although many courts have interpreted section 707(a) as allowing bad faith as a cause for dismissal. Such an interpretation represents a legal fiction that conflicts with the specific remedies for creditors that are provided by the Code, such as section 727(a) for denial of discharge, section 523 for exceptions to discharge, and 707(b) for dismissal. Courts have reached illogical and inconsistent results in attempting to interpret section 707(a) in terms of dismissal for bad faith.

Laws, regulations and rules, Good faith (Law)

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National Bankruptcy Review Commission tax recommendations: notice, jurisdiction, and corporate debtors

Article Abstract:

The National Bankruptcy Review Commission (NBRC) submitted proposals for the Bankruptcy Code Oct 20, 1997, to the President, Congress and US Supreme Court Justice at the request of Congress. The NBRC stated processes for reasonable notice should be clarified, supported proposals to change small business accounting methods for trust funds and employee nontax payroll deductions, and submitted proposals to change Chapter 11 procedures. Proposals to limit bankruptcy court jurisdiction were rejected by the NBRC.

Powers and duties, Bankruptcy courts

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National Bankruptcy Review Commission tax recommendations: individual debtors, priorities, and discharge

Article Abstract:

The National Bankruptcy Review Commission recommended several changes to the Bankruptcy Code of 1978. Some of their recommendations involve tax issues, including the taxation of individual debtor estates and tax returns. Others include state and local tax provisions and claim priorities and dischargeability.

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