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Senate Passes Bankruptcy Bill by 70-28, White House May Veto

April 25, 2013
By Alan P. Fox, Esq.

The American Bankruptcy Institute (ABI) reported that on December 7, 2000, the Senate passed H.R. 2415, the bankruptcy bill conference report, sending the bill to President Clinton for what will likely be the final step in the process during this Congress. This bill – the most significant change to the Bankruptcy Code in the last 20 years – is now closer to enactment than at any time during the last four years. This bill faces a threatened White House veto.

ABI reports the vote came after two final hours of debate, with both proponents and opponents sounding familiar themes from prior speeches. ABI commented that the bill sponsor Charles Grassley (R-Iowa) urged some dozen wavering Democrats to continue to support the bill in the face of a last-minute phone campaign by White House staff. Some 17 Democrats voted for the bill, though this was fewer than when the bill passed on February 2 by a vote of 83-14.

The President has 10 days to sign or veto the bill once it is officially received, a process that could take several days. ABI reports opponents of the bill are confident that President Clinton will in fact veto the bill as threatened, leaving no time for an attempted override vote. A similar vote would be enough votes to override the President, but it’s unlikely Democrats would hand President Clinton such an embarrassing legislative defeat and final recorded vote.

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.

© 2000 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.

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