August 19, 2006
BAPCPA: Officially a Bad Statute
So what is in my in-box this morning but this case: In re Elmendorf, 345 B.R. 486 (Bankr. S.D.N.Y. 2006), where in interpreting a different provision of this week's Worst Statute in the World (see post below), the district court refused to dismiss a case where the debtor had interpreted the word "exception" to mean "exception" when, in fact, "exception" apparently means "extension." The court stated that the debtor had "understandably misinterpreted a poorly drafted statute." (Discussing 11 USC 109(h)).
Now it's official.
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