Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

Articles

Articles › President Bush Signs Chapter 12 Bankruptcy Extension; Bankruptcy Reform Bill Stalled in Committee

President Bush Signs Chapter 12 Bankruptcy Extension; Bankruptcy Reform Bill Stalled in Committee

April 25, 2012
By Alan P. Fox, Esq.

On May 18, 2001, President Bush signed H.R. 256, which retroactively and temporarily re-enacts chapter 12 bankruptcy protection to family farmers through the end of the month according to the American Bankruptcy Institute. The legislation, which originally expired last summer, was passed by a voice vote by the Senate in April. The American Bankruptcy Institute reports the proposed bankruptcy reform bill (S .420, H.R. 333) contains a measure making chapter 12 permanent, but despite the bill’s passage by both the Senate and House, an impasse over the makeup of conference committees has prevented the measure from reaching the President’s desk. The temporary extension of Chapter 12 bankruptcy protection will expire at the end of the month.

Senate Finance Committee Chairman Charles Grassley (R-Iowa) has indicated that no progress is being made toward reaching a bipartisan agreement on proceeding to a bankruptcy reform conference committee, according to the American Bankruptcy Institute and Congress Daily. Although the bankruptcy bill passed both the House and Senate earlier this year, it has remained untouched as Senate leaders seek agreement on the make-up of the conference committee.

This Alert was written by Alan P. Fox, Esq., Shareholder in Capehart Scatchard’s Commercial Group. Should you have questions or like more information, please contact Mr. Fox at 856.914.2056, by fax at 856.235.2786, or by e-mail at afox@capehart.com.

© 2001 Capehart & Scatchard, P.A.

About the Author:

Alan P. Fox

Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice


Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing,  construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

Subscribe to Blog Updates

Capehart Blogs

Categories

Share