The Commercial Law League of America (“CLLA”) is reporting brewing activity on the bankruptcy reform front for the–get this–7th consecutive year. The non-issue of the dischargeability of debts related to abortion-related torts remains the sticking point. It is a non-issue because established case law already uniformly finds these debts to be nondischargeable as intentional torts or violations of the law and thus as “willful or malicious injury” to person or property. The CLLA remarks that the issue is freighted with “symbolic significance” (symbolic of what, I’ll let you decide). The bill has typically garnered 75-80% support in both houses of Congress when it has been voted on, and President Bush has indicated that he will sign it if it gets to him.
You can find my analysis of the political economy of bankruptcy reform here (the essay was published in the Michigan Law Review last year, but does not appear to be available on line yet).
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