Instead of consulting bankruptcy judges and courts, legislators relied on the expertise of creditor lobbyists to write much of the Bankruptcy Abuse Prevention and Consumer Protection Act. The result, some bankruptcy experts say, is a mess that will trigger a flood of appeals. The changes to the law are likely to create more competition, and litigation, among creditors. And that litigation will be compounded by the cross-referencing and grammatical shortcomings that the appeals courts will have to resolve.
February 08, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Kenneth Klee spent his early career as a congressional staffer, drafting the 1978 law that set the framework for the bankruptcy system.
So the UCLA School of Law professor — a lifelong Republican and, from 1992 to 2000, legislative chairman of the National Bankruptcy Conference — figured lawmakers would want his input on the bankruptcy overhaul they worked on for eight years before finally passing it in 2005.
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