NBRC: Meeting Agenda: August 1997

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	COMMISSION MEETING AGENDA AUGUST 11-12, 1997 Federal Judicial Center/Education Center Auditorium Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E. Washington, D.C. Revised Draft August 7, 1997 - Subject To Change
	Monday, August 11, 1997
	8:30am - 9:00am	Opening Remarks and Administrative Matters Administrative matters Congressional legislation: Single asset real estate cases and H.R. 764 - "Bankruptcy Amendments of 1997" Approval of May meeting minutes Discussion: Associated Commercial Corp. v. Rash - Valuation Method and Timing Schlossberg v. Maryland/Seminole [materials distributed July 31, 1997]
	9:00am - 10:45am	Plenary Session: Tax Issues [Final report distributed July 10, 1997] Track No. 441 Conformity of Chapter 13 plans with Bankruptcy Code: requirement to file returns Track No. 513(a) Income tax return prepared by taxing authority should not be considered a filed tax return for purposes of the Bankruptcy Code Track No. 700 Amend 11 U.S.C. ЇЇ 1307 & 1112 to give bankruptcy courts discretion to dismiss cases with prejudice to refiling for a period of time as fixed by the court Track No. 4121 Date of discharge should be fixed for purposes of tax attribute reduction Track No. 714 Amend IRC Ї 1398(e)(3) to provide that a debtor should be treated as an employee of the bankruptcy estate as to payments by the estate of estate assets to the debtor for services performed Track Nos. 411 & 436(a) Authorize one-time exclusion of $125,000 of capital gain on sale of residence of an individual debtor by the trustee; tax treatment of sale by the estate of a debtor 's homestead Track No. 4312(a) IRC ЇЇ 108 and 382 should be amended with respect to the issuance of stock for debt Track No. 713 IRC Ї 1001 should be amended to provide for parallel tax treatment of recourse and nonrecourse debt Track No. 425 Clarify tax treatment of property of the estate that is abandoned to the debtor Track No. 602 Clarify meaning of the term ГwillfulВ under 11 U.S.C. Ї 523(a)(1)(C) Track No. 438(a) Amend 11 U.S.C. Ї 505(b) to add ГestateВ Track No. 432 Bifurcated treatment of a corporate tax year that straddles the petition date Track No. 513(b) Substitute for return as a filed return for purposes of dischargeability Track No. 212 Specify debtor 's obligation to file prepetition and postpetition returns and to pay postpetition taxes; consequences for failure to comply Track No. 213 Applicability of the Chapter 13 superdischarge to tax claims Track No. 214 Requirement of periodic payment for deferred payments of taxes under 11 U.S.C. Ї 1129(a)(9)(C) and designation of applicable interest rate Track No. 321 Allocation of Chapter 11 plan payments to trust fund taxes and collection remedies available to taxing authorities; Energy Resources Track No. 312 Effect of subsequent filing or default on the status or nature of a tax claim provided for under a Chapter 11 plan Track No. 433 Authority of bankruptcy court to enter declaratory judgments on prospective tax issues presented by Chapter 11 plans of reorganization Track No. 703 Payment of prepetition nonpecuniary loss tax penalties in Chapter 11, 12 and 13 cases should be subordinated to payment of general unsecured claims.
	10:45am - 11:00am	Break
	11:00am - 12:00pm	Plenary Session: Data Collection and Dissemination - Presentation by Commissioner John Gose and Senior Advisor\Data Project Professor Lynn LoPucki Chapter 11 Working Group Proposal No. 3 Data Collection [to be distributed]
	12:00pm - 1:00pm	Lunch Break
	1:00pm - 2:30pm	Plenary Session: Transnational Insolvency - Panel Presentation and Commission Deliberation Transnational Working Group Proposal No. 2 Conforming UNCITRAL Changes [materials distributed June 19 and 30, 1997] [additional materials distributed July 31, 1997]
	2:30pm - 3:30pm	Plenary Session\Voting Service to the Estate & Ethics Working Group Proposal No. 7 Personal liability standard for bankruptcy trustees [distributed August 6, 1997] Consumer Bankruptcy Working Group Proposal No. 6 Continued evaluation of bankruptcy fee waiver program [distributed July 31, 1997]
	4:45pm - 5:30pm	Open Forum
	5:30pm	Recess

	Tuesday, August 12, 1997
	8:30am - 9:15am	Presentation on Consumer Education: Commissioner Babette Ceccotti and Professor Karen Gross [Report distributed July 10, 1997]
	9:15am - 10:45am	Plenary Session\Voting Reconsideration of Chapter 11 Working Group Proposal No. 2 Claims classification [distributed September 4, 1996] Chapter 11 Working Group Proposal No. 10 Prepackaged plans of reorganization: prepetition solicitation [distributed July 22, 1997] Government Working Group Proposal No. 4 Improving notice to government creditors [to be distributed] Government Proposal No. 24 Treatment of collective bargaining agreements in Chapter 9 [distributed August 5, 1997] [discussion only] Service to the Estate and Ethics Working Group Proposal No. 9 United States Trustee Program [distributed July 31, 1997] Service to the Estate and Ethics Working Group Proposal No. 10 Bankruptcy Administrator Program and the United States Trustee Program [distributed August 6,1997]
	10:45am - 11:00am	Break
	11:00am - 12:30pm	Plenary Session\Voting Consumer Bankruptcy Proposals No. 3 - 5 Dischargeability & Discharge Proposals [distributed June 5 and July 22, 1997] Consumer Bankruptcy Proposal No. 7 Dischargeability of Credit Card Debt [distributed August 6, 1997] Chapter 11 Proposal No. 16 Elimination of mandatory appointment of examiners [distributed July 29, 1997] Chapter 11 Proposal No. 17 Use of professionals and investigative tools by examiners [distributed July 29, 1997] Chapter 11 Proposal No. 18 Authorization for local mediation programs [distributed July 29, 1997] Chapter 11 Working Group Proposal No. 13 Impairment [distributed July 29, 1997]
	12:30pm - 1:30pm	Lunch Break
	1:30pm - 3:30pm	Continued Plenary Session\Voting Consumer Bankruptcy Proposal: reaffirmation agreements, junior mortgages\liens & refiling [distributed August 1, 1997] [additional materials distributed August 7, 1997] Consumer Bankruptcy Proposal No. 8 Amendment of Section 548 to except certain transfers made to charitable or religious organizations [distributed June 16, 1997 and August 6, 1997] Reconsideration of Chapter 11 Working Group Proposal No. 9 Prebankruptcy waivers [distributed June 12, 1997]
	3:30pm - 3:45pm	Break
	3:45pm - 5:00pm	Open Forum
	5:00pm	Conclusion of Meeting