The Bankruptcy Code at Twenty-Five and the Next Generation of Lawmaking

MB Jacoby - Am. Bankr. LJ, 2004 - HeinOnline
Am. Bankr. LJ, 2004HeinOnline
To those who support traditional bankruptcy policies, or even who sim-ply appreciate good
statutory drafting, the Bankruptcy Code looks better than expected on its twenty-fifth birthday.
Some post-1978 amendments have marred its elegance,'but the Code thus far has escaped
unscathed from the four-hundred-and-ninety-one page omnibus bankruptcy bill pending in
Congress. 2 Had the omnibus bill become law, Congress would have left bankruptcy experts
with a larger Code to celebrate, but with little enthusiasm for the celebration. Unlike the …
To those who support traditional bankruptcy policies, or even who sim-ply appreciate good statutory drafting, the Bankruptcy Code looks better than expected on its twenty-fifth birthday. Some post-1978 amendments have marred its elegance,'but the Code thus far has escaped unscathed from the four-hundred-and-ninety-one page omnibus bankruptcy bill pending in Congress. 2
Had the omnibus bill become law, Congress would have left bankruptcy experts with a larger Code to celebrate, but with little enthusiasm for the celebration. Unlike the years preceding enactment of the Bankruptcy Code, members of Congress now hesitate-and may well refuse-to fix even typographical errors at the request of bankruptcy experts. 3 These days, many
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