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December 12, 2006

BAPCA again

Sorry for the hiatus there.  Sickness combined with final exams drove me to drink... kidding. 

But the good news is that there's a cool new case from the District of Nevada on our favorite statute, BAPCA, In re Trejos, 352 B.R. 249 (D. Nev. 2006).   This case involves what is known as the "hanging" or "starred" paragraph in section 506 of the bankruptcy code.  Poor drafting, uncorrected for some time, has led to this little provision having its own nickname, which is quite an accomplishment.  There's a law review article by William C. Whitford of the University of Wisconsin school of law coming out on this one, that's quite interesting in and of itself because Professor Whitford provides a valuable political and legislative discussion of this aspect of BAPCA, but laments that in these days of textualism, courts probably won't take his insights into account!  Let's hope he's wrong about that.

Judge Markell collected what looks to me about 30 cases struggling with the statute.  He then gave a nice explication which I note for your reading pleasure about the various forms of "textualism," including those which take into account hisotry and context, and those that do not. 

December 12, 2006 in Current Affairs | Permalink

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