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Non-Tech : The ENRON Scandal

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To: Mephisto who wrote (3930)4/24/2002 1:42:27 AM
From: Mephisto  Read Replies (1) of 5185
 
Bankruptcy Reform Inspired by Enron Amendment Would Cap Home Shield

By Kathleen Day
Washington Post Staff Writer
Tuesday, April 23, 2002; Page
A05

Congressional staff trying to
reconcile the House and
Senate versions of
bankruptcy legislation have
added an Enron-inspired
amendment to the list of
items to haggle over: a
proposal to severely cut the
amount of home equity that
an individual who has
violated federal securities
law could shield from
creditors during bankruptcy.


The proposal would cap at
"several hundred thousand
dollars" the home equity
that could be kept by an
individual filing for
bankruptcy in Texas or the
four other states that
currently set no limit on the
amount of home equity that
can be shielded, according
to congressional sources.

Sources said the
amendment, proposed by
Sen. Herb Kohl (D-Wis.), is gaining backing from both
Republicans and Democrats, inspired by reports of former
Enron Corp. chairman Kenneth L. Lay's $7 million penthouse
apartment in Houston -- even though Lay has not been
charged with any wrongdoing and has not filed for
bankruptcy.


In what would be the most substantial overhaul of federal
bankruptcy law in more than two decades, the House and
Senate last year each passed versions of legislation that, in
general, would make it harder for individuals to wipe out debt
by declaring bankruptcy.

But the two chambers have been unable to reconcile key
differences of opinion. One is over how much equity
bankruptcy filers should be allowed to keep in their homes.
The Enron-inspired provision is a small part of this issue.

The other is language in the Senate version that is aimed at
preventing anyone convicted of blocking an entrance to an
abortion clinic from filing for bankruptcy to avoid paying
court-imposed fines. Abortion foes have opposed that
provision.

A group of lawmakers from the House and Senate are
scheduled to meet this afternoon for a public conference to
try to craft a compromise that both chambers could then vote
on. But congressional sources cautioned that although the
legislation looks much more viable than it did late last year,
the sticking points are the same ones that have helped kill
similar proposals in the past.

© 2002 The Washington Post Company
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