text:
The Bankruptcy Code should direct trustees to perform random audits of debtors'
schedules to verify the accuracy of the information listed. Cases would be selected for
audit according to guidelines developed by the Executive Office for United States
Courts should be authorized to order creditors who file and fail to correct materially false
claims in bankruptcy to pay costs and the debtors' attorneys' fees involved in correcting
the claim. If a creditor knowingly filed a false claim, the court could impose appropriate
additional sanctions.
A national filing system should be established and maintained that would identify
bankruptcy filings using social security numbers or other unique identifying numbers.
All debtors in both chapter 7 and in chapter 13 should have the opportunity to participate
in a financial education program.
Proposals Primarily Applicable in chapter 7
Notwithstanding applicable non-bankruptcy law, debtors should not be able to reaffirm
personal liability on a debt discharged in bankruptcy. Federal law should prohibit creditors
from attempting to collect from the debtor any debt that has been discharged in
Section 524 should be amended to provide that the filing of a bankruptcy petition or a
discharge in bankruptcy alone does not create a post-bankruptcy default on a loan.
A creditor could continue to collect payments on a secured debt postpetition without
court involvement. After the debtor has received a discharge, nothing in the Bankruptcy
Code would prevent a creditor from repossessing property if a debtor defaulted under the
loan agreement.
Section 522(f) should provide that a creditor claiming a purchase money security interest
in exempt property held for personal or household use of the debtor or a dependent of the
debtor in household furnishings, wearing apparel, appliances, books, animals, crops,
musical instruments, jewelry, implements, professional books, tools of the trade or
professionally prescribed health aids for the debtor or a member of the debtors' household
must petition the bankruptcy court for continued recognition of the security interest. The
court shall hold a hearing to value each item covered by the creditor's petition. If the value
of the item is less than [$500], the petition shall not be granted; if the value is [$500] or
greater, the security interest would be recognized and treated as a secured loan in chapter
7 or chapter 13.
Proposals Applicable in chapter 13
A chapter 13 plan could not modify obligations on first mortgages and refinanced first
mortgages, except to the extent currently permitted by the Bankruptcy Code.
Payments on all other secured debts should be subject to modification; such payments
should be spread over the life of the plan, according to fixed criteria for valuation and
interest rates.
Payments on unsecured debt should be determined by guidelines based on a graduated
percentage of the debtor's income, subject to upward adjustment to meet the section
1325(a)(4) requirement that creditors receive at least the present value of whatever they
would have received in a chapter 7. The trustee or an unsecured creditor should be
authorized to file an objection to any plan that deviates from the guidelines, and a court
would determine whether the deviation was appropriate in light of all the
Debtors who choose chapter 13 repayment plans should have their bankruptcy filings
reported differently from those who do not.
Debtors who complete voluntary debtor education programs should have that fact noted
on their credit reports.
Trustees should be encouraged to establish credit rehabilitation programs to help provide
better, cheaper access to credit for those who participate in repayment plans.
An individual debtor who receives a discharge in chapter 7 should be barred from refiling
in Chapter 7 for six years and chapter 13 for two years after the case is closed. An
individual debtor who files for chapter 13 should be barred from filing for chapter 7 or
chapter 13 for two years after the case is closed. A debtor should be permitted to petition
the court to permit a filing in chapter 13 sooner than two years if the debtor could
demonstrate a significant change in circumstances since the last filing and proposed a
confirmable plan with demonstrable feasibility and a reasonable likelihood of success.
Within the time periods listed here, a debtor could not file and receive the protection of
the automatic stay without advance court approval.
A case under chapter 13 that otherwise meets the standards for dismissal shall be
converted to Chapter 7 after notice and a hearing unless a party in interest objects. Any
party in interest may object to the conversion if a previous filing triggered a time bar that
rendered the debtor ineligible to file for chapter 7 relief, in which case the chapter 13 case
will be dismissed and will trigger the two year bar on refiling in chapter 13. In addition,
the debtor may object to conversion without grounds, in which case the chapter 13 case
will be dismissed and will trigger the two year bar on refiling. The standards for
modification, dismissal, and discharge in Chapter 13 would not otherwise change.
After notice and a hearing, a bankruptcy court should be empowered to issue in
rem ordersbarring the application of a future automatic stay to identified property
of the estate for a period of up to six years when a party could show that the debtor had
transferred such real property or leasehold interests or fractional shares of property or
leasehold interests to avoid creditor foreclosure or eviction. A subsequent owner of the
property or tenant of the leasehold who files for bankruptcy (or the same owner or holder
in a subsequent filing) should be permitted to petition the bankruptcy court for the
imposition of a stay to protect property of the estate, which the court would be required
to grant to protect innocent parties who were not a part of a scheme to transfer the
property to hinder foreclosure or eviction.
Consumer rent-to-own transactions should be characterized in bankruptcy as installment
sales contracts.
Proposals Applicable in All Bankruptcy Cases
Audits (new)
The entire bankruptcy system depends on the accuracy of the information in the debtors'
files. Creditors' decisions, trustees' actions, and court determinations in each case are based on the
representations of income and debt in the schedules. Moreover, all information about the
operation of the system and policy decisions that flow from that information are based on
aggregated data from the debtors' files. If those data are inaccurate, it is impossible to know
whether justice has been done in a particular case, or, more generally, whether the system is
functioning overall as Congress intended.
Some witnesses have testified to the Commission that the information reported in the
debtors' schedules tends to be unreliable. While chapter 7 and chapter 13 trustees currently
attempt to review debtors' schedules and search for assets, there is no formal auditing mechanism
in the bankruptcy system. This is one of several proposals to enhance the integrity of the system,
to improve the quality of the data and, indirectly, to require debtors and their attorneys to be
careful and forthright in completing all schedules.
The chapter 7 and chapter 13 trustees would be directed to perform audits of a sample of the
cases assigned to them. Based on initial results, the Executive Office for U.S. Trustees would
develop auditing guidelines. Audits should be commenced in a reasonably timely fashion and
investigations could be continued for a reasonable period, subject to the U.S. Trustee guidelines.
The trustee would report material irregularities to the bankruptcy court. Under section 727,
material irregularities may result in the denial or revocation of discharge. In addition, such
irregularities might subject the debtor to prosecution by the Department of Justice, depending on
the severity of the irregularities and other factual circumstances. The verification of this
information would be facilitated by the submission of recent pay stubs, tax returns if available, and
other related information.
Trustees have commented to at least one commissioner that bankruptcy courts are too
lenient in permitting debtors to amend their schedules when they discover material irregularities.
The Commission does not perceive a need for a recommended change in the law, but believes that
the present laws on denial of discharge should be followed.
In addition to recommending specific statutory changes for auditing debtors' schedules, the
Commission also recommends that the Advisory Committee on Bankruptcy Rules of the Judicial
Conference revisit the current informational requirements in debtors petitions. Creditors
have recommended that account numbers and social security numbers accompany all
bankruptcyfilings, notices, schedules and other communications to creditors. While the
Commission has not explored the feasibility of this request, the creditors need to be able to
identify debtors quickly, accurately and cheaply is undeniable. In addition, creditors have
requested the opportunity to designate addresses of notices, a reasonable request designed to
make the whole bankruptcy system operate more efficiently.
The new audit system also presents the opportunity to involve debtors' counsel more directly
in monitoring information put into the bankruptcy files. This complements the recent amendment
of Rule 9011 of the Federal Rules of Bankruptcy Procedure, effective December 1, 1997, that will
make all submissions, whether or not signed by the attorney, subject to the "reasonable
inquiry" standard.
False Claims (New)
Consistent with the need to improve the accuracy and consistency of the information debtors
provide, this proposal encourages creditors to take increased responsibility for the information
they put into the system. The overwhelming majority of creditors who file claims in consumer
bankruptcy cases do so accurately and in good faith. A few creditors make mistakes, which, when
called to their attention, are quickly corrected. In some cases, creditors refuse to correct their
claims and debtors are faced with the choice of paying the excess amount included in the claim or
paying more than the excess amount in attorneys fees to contest the claim. Some courts
have indicated that they do not think the Bankruptcy Code presently authorizes them to award
attorneys' fees for the expenses incurred in correcting erroneous and uncorrected claims. Any
uncertainty should be eliminated.
Creditors monitor and record payment and debt information. Debtors typically rely on
creditors' statements of amounts owed in determining their outstanding obligations. Some
witnesses have testified that some creditors regularly file inflated claims including charges that are
not due. False claims can present almost insurmountable problems for a bankrupt debtor. A
mortgage lender, for example, may continue to accrue monthly late charges even after a debtor
confirms a chapter 13 repayment plan, although the court-approved plan specifies that the debtor
is entitled to cure the mortgage arrearage without accruing late charges every month that the cure
is not yet complete. A debtor's attorney may be required to go to extraordinary lengths to correct
such errors. Without the right to recover their fees if they successfully challenge a false claim, few
debtors object to excessive claims and they rarely are in a position to challenge creditors'
calculations of remaining loan balances. The recommendation is designed to encourage creditors
to review any challenged debt calculations and promptly remedy them if necessary.
This proposal parallels the approach of the Fair Credit Billing Act, 15 U.S.C. § 1666 et
seq., which potentially entitles a consumer to actual damages, civil penalties of double the finance
charges, court costs, and reasonable attorneys fees if a creditor fails to comply with the
statute's requirements.
National Filing Registry (new)
Although a national bankruptcy registry would serve a variety of purposes, there has been
little impetus to establish a carefully monitored, national filing record because the Bankruptcy
Code gives debtors virtually unlimited access to the bankruptcy system. The framework includes a
proposal that would restrict consumer debtors' repeated access to the bankruptcy system. The
introduction of these constraints creates an essential need for a reliable database to record debtors'
bankruptcy filings.
The principal reason for the implementation of this system is to enforce the proposed
constraints on refiling. Because debtors could not file subsequent petitions for a period of time,
bankruptcy filings would have to be tracked carefully and accurately. This proposal envisions
substantial changes in the requirements for monitoring by the clerks' offices. All clerks would need
access to a data base containing a multi-year list of nation-wide bankruptcy filings. Pro se debtors
would have to present identification when filing, and attorneys would have to present photocopied
evidence of such identification at the time of filing. All debtors would have to provide correct
social security numbers as presently required by section 342(c), verifiable through the social
security administration database. Examples of unique identifiers that could be used as alternatives
include driver's licenses and passports. The details of this proposal, including a mechanism to
monitor the database and to create an opportunity for debtor or creditor correction, would be
developed by a working group of judges, clerks and trustees.
This national filing system would yield other benefits. The unique identifiers would reinforce
auditing efforts. The system would make information available so that creditors and other
interested parties could monitor the system to detect fraud and abuse more readily. Ultimately,
this filing system would enhance other efforts to collect and analyze more reliable data.
Debtor Education (New)
Representatives from every part of the consumer bankruptcy system--creditors, debtors,
trustees, judges, and academics--have agreed that debtors should have the opportunity to better
understand how to manage consumer credit. Debtors in bankruptcy have failed financially, but
they certainly will continue to be involved in consumer credit transactions after bankruptcy.
Everyone will benefit if debtors have the chance to learn how to manage financially, an
integralpart of the financial rehabilitation process.
The need for debtor education in bankruptcy is undisputed. Critics primarily have focused on
the scope of such programs, their timing, and funding, and not on the baseline premise that
education should be widely available. The details of the education proposal deliberately are not
spelled out in this recommendation. Instead, the Commission endorses the exploration of various
alternatives. Effective methods of debtor education could be discovered through pilot programs.
Part of the development of pilot programs should include the exploration and expansion of
successful debtor education programs already in existence, which provide a valuable resource.
Whether debtor education should be mandatory has prompted commentary. The Commission
has settled on a recommendation for voluntary education programs, with the emphasis on
promoting their availability. This recommendation would not preclude a bankruptcy judge from
requiring debtors to participate in education programs in appropriate cases.
The more widespread need for earlier consumer financial education is outside the scope of
the Commissions recommendations, but does not undercut the need for education once a
debtor has experienced a financial crisis. Many debtors in bankruptcy have demonstrated that their
financial management skills are not adequate. This proposal offers one opportunity for
Reaffirmation Agreements (11 U.S.C. §524(c), (f))
The 1973 Report of the Commission on the Bankruptcy Laws of the United States
recommended a flat prohibition on reaffirmation agreements in bankruptcy. The Commission's
reasons were equally unambiguous: reaffirmation agreements violate the principle of equality of
distribution to creditors that underlies the bankruptcy system, and the ability to seek
reaffirmations invites some creditors to engage in practices that undermine a debtor's financial
rehabilitation in bankruptcy. Congress decided not to ban reaffirmation agreements outright in
1978. It chose instead to permit reaffirmations in very limited, highly constrained circumstances.
In 1984, the credit industry endorsed amendments to eliminate some of the barriers to obtaining
reaffirmations, and section 524 was amended further in 1994 to make reaffirming even easier. The
experience with reaffirmations under the 1978 Code has demonstrated that the statutory
constraints do not always protect debtors and that reaffirmation agreements have magnified the
differential treatment of similarly-situated creditors.
[Commissioner Jones does not believe that the reaffirmation process is in need of significant
reform and suggests the following alternatives to banning reaffirmations outright: retaining
current law; prohibiting only reaffirmations of unsecured debt; or, requiring bankruptcy
judges to review and approve all reaffirmation agreements before they become effective and
limiting the number of allowable reaffirmations to two per case.
Commissioners Williamson and Ceccotti believe that the ban on reaffirmations is central to
the balance required within the framework proposal. They have concluded that prohibiting
reaffirmations levels the playing field among all debtors and among all creditors. It gives debtors
what they could have today if they were advised by their attorneys to refuse reaffirmation
solicitations, and gives creditors clear guidance on permissible collection
Under this proposal, as under present law, a debtor always could voluntarily repay a
debt after bankruptcy, and the creditor is free to keep payments that the debtor willingly remits.
However, with the inability to enter a new binding agreement based on dischargeable debt, a
discharged debt would remain legally unenforceable.
Currently, debtors are emerging from bankruptcy with liability on a significant amount of
debt, both secured and unsecured, contrary to the original intention of Congress when it enacted
the Bankruptcy Code of 1978. According to a study being conducted by the Credit Research
Center at Purdue University, over 42% of the debtors in the study proposed to reaffirm one or
more debts. The amounts of the proposed reaffirmations were significant: average housing
debtreaffirmed was $69,408, and average non-housing debt was $11,311. According to the
Purdue Study, the average income for these debtors is $19,284 annually. According to the same
source, the debtors monthly incomes averaged $1,607, while their monthly expenses averaged
$1,711. Preliminary results of the bankruptcy reaffirmation project at Creighton University School
of Law paint a similar picture. Those researchers preliminary findings indicate that 30% of
the cases in their three-district sample contained at least one reaffirmation agreement, and the
principal amount reaffirmed averaged 37.9% of annual net income from wages. At least 20% of
the reaffirmations were for completely unsecured debts. This level of encumbrance undercuts the
purpose of the discharge and substantially hinders debtors ability to regain productivity.
At the same time, reaffirmations discriminate against some creditors because a reaffirmation
essentially constitutes a postpetition preference of one creditor over another. While reaffirmations
are very beneficial to the creditors who get them, the creditors who do not spend the time, energy,
or resources to pursue the debtors in bankruptcy are closed out from any dividend in what was
supposed to be a collective bankruptcy proceeding where the "pain" and the available
resources are fairly shared.
Moreover, any debtor who sees a benefit in repaying some creditors has little reason to file
for chapter 13 if that benefit can be obtained through a chapter 7 discharge coupled with one or
two privately negotiated reaffirmation agreements. Currently, well-counseled debtors can
structure a very beneficial bankruptcy using a combination of chapter 7 and reaffirmations of debt.
Indeed, reaffirmations may be one of the leading disincentives for debtors to file chapter 13 and
repay more of their debts.
Creditors have suggested that reaffirmations can be in a debtor's financial interest,
particularly when the creditor offers new credit on better terms than it would without the
reaffirmation. In virtually every case cited, however, the economic effect of the reaffirmation of
discharged debt is substantially worse than if the debtor paid higher interest rates for postpetition
credit. A debtor who reaffirms $1,500 of debt in order to receive a credit line of $2,500 (including
the $1,500 of pre-bankruptcy debt) at 15% rather than at 21% is not receiving a bargain.
Moreover, the widespread availability of consumer credit, even for those who have been through
bankruptcy, means that credit should be available in the absence of reaffirmations.
One creditor group distinguishes itself in its approach to consumer credit: non-profit credit
unions. They more closely scrutinize their members before issuing unsecured credit, and they
work more with their members facing financial difficulty. The results of their practices pay off:
credit unions' chargeoffs are only a tiny fraction of the losses of most credit card issuers. For
example, a credit union representative who testified before the Commission reported an overall
default rate of a fraction of one percent, compared with industry default rates more than 600%
higher. Non-profit credit unions are often a source of consolidation loans as part of their effort to
help their members work through financial trouble. If a debtors files for bankruptcy, they use
reaffirmation agreements to cut their losses on these riskier loans and as a tool in their efforts to
work with bankrupt members. While nothing in this proposal bars debtors from
voluntarilyrepaying a debt as they work with their credit unions, and credit unions are free to deny
their services to those who do not pay, the underlying question presented here is whether
non-profit credit unions may warrant different treatment overall. It may be worthwhile for
Congress to study more closely the question of whether non-profit credit unions that work with
their bankrupt debtors as part of an education and credit rehabilitation program should be treated
differently from other creditors.
Secured Debt -- Post-Discharge. (11 U.S.C. § 524)
An effective ban on reaffirmations increases the importance of secured claims and enhances
their status and value. Creditors holding enforceable security interests always should retain the
ability to repossess collateral after the discharge, but should not be able to convert a security
interest into personal liability that was discharged in bankruptcy.
To be effective, the recommendation to eliminate reaffirmations requires another component.
It becomes necessary to deal with continuing obligations on collateral. Not all debtors will want to
turn over all property subject to security interests, nor will creditors want all property returned. It
is critical, however, that the debtor be able to continue making payments under the secured
contract following bankruptcy, assuming that the debtor meets all other contract terms, including
insurance requirements, and ultimately pays the secured loan in full.
Although some have expressed concern about the repercussions of permitting "ride
through," or retention of property without reaffirmation, this proposal will not bring about a
significant change in the Fourth and 10th Circuits, where
debtors already are permitted to retain property without reaffirming the underlying debt.
See In re Belanger, 962 F.2d 345 (4th Cir. 1992); Lowry Federal Credit
Union v. West, 882 F.2d 1543 (10th Cir. 1989). At the same time, because three circuits have
held to the contrary, see In re Johnson, 89 F.3d 249 (5th Cir. 1996), In
re Taylor, 3 F.3d 1512 (11th Cir. 1993), In re Edwards, 901 F.2d 1383 (7th
Cir. 1990), this proposal, in combination with the proposal to eliminate reaffirmations, resolves a
split in the circuits over whether this is permissible, while it clarifies the courses of action available
to the creditor to protect its interest.
This recommendation makes clear that a debtor could continue to make payments on a
secured loan according to the contract terms without further involvement of counsel or the court
and retain the property if the debtor were not in default on the contract at the time of the
bankruptcy filing (excluding a default based on the fact of the filing itself) or if the secured
creditor waived any defaults in writing at the time of the bankruptcy. If the debtor
subsequentlyceased making payments or defaulted on other contract obligations, the creditor
would be entitled to seek relief from the stay prior to discharge or to repossess the collateral
post-discharge. Because this proposal would not prohibit a creditor from contacting a debtor
directly regarding postpetition contract defaults, there is some risk that a new form of
unmonitored reaffirmation would reemerge in the bankruptcy system.
The Commission received testimony that the ride-through of secured debt without
reaffirmation would not be problematic if debtors still had to comply with all contractual
obligations (e.g., the obligation to insure) to keep the car and if creditors were permitted to
contact the debtor in the event of a post-bankruptcy default. The Commission also received
testimony from a representative from the Federal Home Loan Mortgage Corporation who
indicated that mortgage lenders' interests would be protected if they had adequate access to their
collateral; for this reason, heightened restrictions on refiling, recommended later in the
framework, are more useful to them than preservation of the right to pursue a deficiency judgment
against an already-bankrupt debtor. Regardless of the size of their loss, secured lenders rarely
seek deficiency judgments against debtors, and approximately fifteen state legislatures already
have partially or completely limited the ability of mortgagees to collect deficiency judgments.
Redemption under section 722 would remain unchanged by this recommendation.
Determination of Post-Bankruptcy Secured Status (New)
To assess a creditor's right to collect from a debtor postpetition, there must be further inquiry
into secured and unsecured status. Bankruptcy law has a long tradition of distinguishing security
interests held as collateral for asset-based lending from security interests obtained to extract
payments in circumstances where the collateral would yield little for the creditors on repossession.
[Commissioner Jones objects in principle to the avoidance of purchase money mortgages on
any consumer goods. If the framework is adopted nonetheless, Commissioner Jones believes that
the appropriate limit should be $100 because $500 gives debtors too much leeway to avoid
security interests. Commissioners Williamson and Ceccotti are concerned that creditors with
securityinterests in goods worth less than $500 are not truly asset-based lenders; in effect, they
have made unsecured credit decisions and should be treated as unsecured
The Bankruptcy Code has an unambiguous policy to enforce security agreements to the
extent that loans are made on an asset basis, while it voids nominal security agreements that
provide little more than creditor collection leverage. The strip down of secured debts to the value
of the collateral in both business and consumer cases under current law reflects this policy.
When creditors take security interests in cars and home mortgages, procedures for obtaining
and perfecting the security interest are relatively elaborate and creditors generally are careful in
their documentation. Debtors are aware that they have given security interests as part of the loan
agreement and that they will lose the property if they do not pay. Valuation of the collateral is an
important part of the loan transaction and the interest rates are typically lower than unsecured
credit, reflecting the asset-based nature of the loan.
By contrast, security interests in household goods, wearing apparel, and other similar items
are taken less formally. A purchase money security interest in such consumer goods is often
automatically perfected under state law, making these security interests cheap and easy to obtain
and perfect. There is nothing inherently wrong with a lender making a secured consumer loan, but
there is ample evidence that lenders are not making asset-based loans on these consumer
A debtor with a retail charge account at some stores might be surprised to learn that every
purchase is technically a secured purchase and the creditor could repossess everything bought
with the credit card, from pantyhose to shampoo. Some creditors loan applications
purport to give the creditor a security interest in goods bought on credit. For other retailers, every
charge slip contains boilerplate language granting a security interest in items purchased. There is
no evidence that credit issuers who take security interests in household goods are charging less
for credit than those who lend on an unsecured basis; most revolving charge loans are made on
the same terms whether they are nominally secured or unsecured. Moreover, creditors taking
automatic security interests make no differentiation between credit purchases of items with no
resale value (e.g., pantyhose) and items that might have some value to a subsequent purchaser
(e.g., jewelry), reinforcing the inference that such lending is not asset-based.
While such procedures are of questionable validity under some state laws, the practice of
taking such security interests persists nationally. Because conversion of property subject to a
security interest can result in denial of discharge on that loan under section 523(a)(6), claiming a
security interest on certain property can be translated into "pay or we'll bring a
nondischargeability action." This can occur when nominally secured creditors allege that
the debtor has given away, destroyed, or lost an item purchased on a retail charge card that
supposedly gave the creditor a security interest in the item. Inability to produce the nightgown or
toys purchased under the agreement brings allegations of conversion and a demand that the loan
be repaid in full notwithstanding the bankruptcy. Yet, when debtors file for chapter 13 (and are
able to stripdown secured loans to the value of the collateral), only a few creditors present
themselves as secured creditors based on their blanket security interests in household goods, again
suggesting that creditors recognize that there is little residual value in the collateral.
Some creditors do rely on the value of the collateral purchased when they extend purchase
money credit for household goods. Some home appliances, for example, may have some resale
value following a default and repossession. Even when such items would bring some money at
resale, the costs of repossession under state law are sufficiently high that many items would not
net any money for creditors following a forced sale.
The current section 522(f) already reflects Congress' understanding that much nominally
secured consumer credit has only "hostage" value. The provision presently enables
the debtor to avoid all nonpossessory, nonpurchase-money security interests to the extent they
impair an exemption in the items previously listed. The provision does not provide perfect justice,
treating some loans that are genuinely asset-based as unsecured because they fit within the
definition and treating some nominally secured loans as asset-based because the collateral is not
on the statutory list of goods. Nonetheless, the provision has functioned with little controversy
and is analogous to a Federal Trade Commission rule, promulgated several years after the
enactment of section 522(f), which extends similar protection to non-bankrupt debtors by making
it an unlawful practice to take non-purchase money security interests in household items. 16
The recommended bright line rule extends section 522(f)-type protection to purchase money
security interests, albeit with a lower dollar cap. A secured creditor intending to pursue a security
interest following a debtor's chapter 7 discharge would have to identify the item claimed as
collateral and show the court it has adequate value to be worth the costs of repossession. An item
worth more than $500 would remain subject to the security interest. When the property is worth
less than $500, the loan would be treated as unsecured.
Payment Plans (11 U.S.C. §§ 1322, 1325)
Repayment requirements would be modified, depending on the nature of the debt.
Distributions to unsecured debtors would be standardized to ensure fairness to creditors and
Payments on unsecured debt should be determined by guidelines based on a graduated
percentage of the debtor's income, subject to upward adjustment to meet the section
1325(a)(4) requirement that creditors receive at least the present value of whatever they
would have received in a chapter 7. The trustee or an unsecured creditor should be
authorized to file an objection to any plan that deviates from the guidelines, and the court
would determine whether the deviation was appropriate in light of all the
The payment rules recommended here affect three kinds of loans--home mortgages, all other
secured credit, and unsecured credit. Each is considered in turn.
[Commissioner Jones objects to treating second mortgages on homes the same as all other
secured debt. She notes that families often take out second mortgages to finance important
expenses, such as sending children to college or paying for a family member's extended care, and
anything that might increase costs for certain lenders would affect loan rates for all borrowers.
She also notes that if property dropped in value so that the loan was undersecured at the time the
debtor filed for bankruptcy, a debtor could obtain a windfall if the property later recovered in
The Working Group suggests no change in current law regarding the ability of a homeowner
in chapter 13 to deaccelerate and cure a mortgage in default and the inability to otherwise modify
first and refinanced first mortgages.
The Working Group recommends that subsequent mortgages should be treated like all other
secured debts, thus the secured claim would be calculated under section 506. This means that
second mortgages would be protected in full when they do not exceed the value of the home. If
the loan secured by the second mortgage exceeded the value of the home, debts secured bysecond
mortgages could be bifurcated into secured and unsecured portions. The reasons for this approach
are set forth below.
The Code already treats some holders of liens on homes like other secured creditors. For
example, some home mortgages can be stripped if the house is not the debtors
"primary residence." Likewise, chapter 13 does not prohibit modification of a
mortgagees loan if the loan is secured by additional collateral. In addition, since the 1994
amendments, section 1322 has authorized stripdown of an undersecured residential mortgage if
final payment will become due during the chapter 13 plan, a provision that makes most
balloon-payment mortgages eligible for stripdown. Moreover, prior to the United States Supreme
Court decision in Nobleman v. Am. Savings Bank, 113 S. Ct. 2106 (1993), many courts,
including several circuit courts of appeal, permitted lien stripping of home mortgages -- first
mortgages and subsequent mortgages.
Special treatment for certain mortgagees has been justified by the laudable goal of preserving
families access to financing for purchasing homes. This policy extends to first mortgages,
but not to subsequent mortgages, of which only a small fraction are actually purchase-money
mortgages. The first mortgage market is unlikely to be affected adversely by the ability to modify
second mortgages. Although the Federal Home Loan Mortgage Corporation is authorized to
purchase second mortgages to package into securities, for example, it buys extremely few - only a
small fraction of one percent of its portfolio are second mortgages.
Banks that engage in second mortgage lending grant home equity lines of credit on strict
underwriting standards, and thus are much less likely to be undersecured since the maximum
combined home loan to value ratio for bank mortgages generally falls around 75%. Securities
backed by these traditional home equity lines of credit are sold in a different market than securities
backed by the new high-loan-to-value ratio second mortgages. The latter type of loans, a
relatively new phenomenon, permit and encourage debtors to borrow over 100% --and sometimes
up to 125% -- of the value of their homes, thus are blended loans with an unsecured component
from the inception. These clearly involve a greater element of risk from the start, which is spread
through this securities market.
There is no empirical evidence that treating second mortgages like all other secured debt
would affect the price of other traditional second mortgages. In predicting the effect of different
collection laws on mortgage rates, empirical studies of state mortgagor protection statutes (e.g.,
anti-deficiency laws) have demonstrated that mortgage interest rates are relatively insensitive to
the existence of mortgagor protection laws. See, e.g., Michael H. Schill,
"An Economic Analysis of Mortgagor Protection Laws," 77 Va. L. Rev. 489 (1991)
(50-state empirical analysis of mortgage protection laws and mortgage rates). Professor Schill has
argued that, if anything, such mortgagor protection laws might promote economic efficiency
because they encourage lenders to value risk correctly.
Permitting modification of partly unsecured second mortgages comports with the continuing
effort to treat like creditors alike. Enabling certain unsecured mortgagees to remain entitled to
payment in full on account of a partly unsecured lien diverts assets from other creditors and
prefers one creditor over another. High loan-to-value home equity loans are priced more like
credit card lending, with interest rates of around 14% and higher, as compared to banks
more traditional home equity loans with 8.5-9% interest rates. Whether the bankruptcy system
should treat such loans like other secured consumer debts, when the loans frequently are used to
consolidate unsecured debts or to finance regular consumer debt and deduct the interest from
their income tax obligations, is a question for the Commission to address.
The ability to bifurcate second mortgages into secured and unsecured portions is consistent
with underlying federal policies promoting home ownership. Unlike first mortgages, second
mortgage loans are more likely to put homeownership at risk as the loan-to-value ratio continues
to climb. To the extent that creditors who lend far in excess of a homes value can demand
full repayment or can force a foreclosure, some homeowners will lose their homes, and debtors
with second and third mortgages that exceed the value of their homes are less likely to confirm a
chapter 13 plan, thereby yielding no payments to any creditors.
Other Secured Debt A secured creditor always should be entitled to full
repayment of the present value of its allowed secured claim. Valuation is a matter that has raised a
good deal of litigation and once again has caused both debtors and creditors around the country
to encounter different legal rules. The Commission recommends a single rule for valuation of
personal property pegged at the median point between wholesale and retail, a point chosen as a
compromise. However, the Commission may wish to reconsider this particular recommendation if
the United States Supreme Court speaks to this issue in the upcoming weeks. Associates
Commercial Corp. v. Rash, 68 F.3d 113 (5th Cir. 1996), cert. granted, 117 S.Ct. 758 (1997).
Valuation of real property would remain unchanged from current law.
The rate of interest also would be determined according to national guidelines. The
Commission recommends that the guidelines use a nationally recognized rate such as six-month
treasury bills as the suggested starting point for the interest rates. With respect to the cure of a
default on any debt pursuant to a plan, including a mortgage debt, interest under section 1322(e)
would run at the non-default contract rate.
The unsecured portion of these debts would receive a pro rata distribution in the
chapter 13 plan along with all other unsecured debts. Payments to secured creditors would be
spread over the three to five year life of the plan, with the secured creditor always able to seek to
reclaim its collateral in the event of a default.
Unsecured Debt Debtors would pay a fixed amount to unsecured creditors
concurrently with secured debt throughout the chapter 13 plan, a minimum of three years. This
structure should provide greater assurance of payment to unsecured creditors.
Section 1325 currently provides that a court can confirm a chapter 13 plan over the objection
of the trustee or a creditor if the debtor commits her next three years worth of "disposable
income" to paying unsecured creditors under the plan. This concept was introduced into the
chapter 13 system by the Consumer Credit Amendments in 1984. The inherently flexible notion of
"disposable income" has facial appeal because it connotes that each chapter 13 debtor
will pay unsecured creditors the maximum he is able, creating the inference that chapter 13 is a
successful repayment mechanism. However, this concept has been problematic for several
Calculating what portion of the debtors income is "disposable" invites
scrutiny of the expenses that the debtor insists are necessary. This is an inherently subjective
determination. Some people believe that private schools are necessary, while others do not.
Orthodontia, piano lessons, college tuition, home repairs, tithing, dry cleaning, newspapers, utility
payments, and food allocations are just a few of the subjects of judicial inquiry in this context.
Because the inquiry is so fact-specific and non-legal, published opinions have little precedential
value, and litigation continues to multiply. Many courts or chapter 13 trustees develop guidelines
on acceptable necessary expenses. This may ameliorate some inefficiencies of this process, but
creates de facto rules that differ widely even judge to judge or trustee to trustee in the same
district. Even if judges conduct "disposable income" analyses on a debtor-by-debtor
basis, which entails an enormous commitment of judicial resources, two debtors with the same set
of expenses and the same amount of debt who draw different trustees or judges may pay
dramatically different amounts to unsecured creditors, and one debtor may be expected to forego
many more items or expenses than the other. Unsecured creditors should find it unpalatable that
the amount of their distributions depends on the views held by a particular judge or trustee
regarding certain expenses. Yet, the economic efficiency of challenging these rulings is highly
questionable when the expected pro rata distribution hardly would cover the costs of the objection
or appellate process.
Predicating statutorily required payments on discretionary expenses already built into
debtors budgets by the debtors themselves creates incentives that are at odds with the
goals of the chapter 13 system. Under the current system, a debtor who has heavily encumbered
her income will have a smaller obligation to repay creditors than another debtor with the same
adjusted gross income but more modest expenses. A disposable income test encourages the
retention of expenses that many debtors already have shown they cannot afford; there is little
impetus to downsize when any excess will go to unsecured creditors.
Given the systemic pressures created by the disposable income test, it is not surprising that
the Commission has received testimony that debtors budgets sometimes are constructed in
an attempt to limit the amount of income that could be considered "disposable"
without sacrificing the feasibility of the plan. Budgeting also may be done mindful of the
trustees or judges de facto rules on acceptable expenses. The practice, which has
flourished under the current rules, is inconsistent with the Commissions goal of promoting
the accuracy of schedules filed in connection with bankruptcy cases and enhancing the integrity of
the system.
The disposable income requirement also has taken on a counterpart in some jurisdictions:
some courts and trustees have developed informal "guidelines" on the minimum
percentage of unsecured debt that must be paid for the plan to satisfy the good faith requirement
of section 1325(a)(3) -- nothing in some districts, 50% in others. Because the percentage
requirements differ widely from district to district and trustee to trustee, plans that would be
confirmable in one court are unacceptable in a neighboring court. These informal requirements
focus primarily on the amount owed to creditors, not on what the debtors disposable
income or budget really can bear. Such provisions run counter to the original premise of the
disposable income requirement. High debt percentage expectations can preclude plan
confirmation, notwithstanding a debtors compliance with all Bankruptcy Code standards
for secured and priority claimants. Debtors with similar income but disparate amounts of
unsecured debt not only may get a different bargain in chapter 13, but may have varying access to
chapter 13 relief in the first place.
Ironically, because debtors can exit the chapter 13 system at will and because debtors
currently can cure secured debt arrearages before commencing payments to unsecured creditors,
the high percentage-of-debt requirements imposed in some regions ultimately are of little or no
benefit to unsecured creditors. Notwithstanding the commitment theoretically made in the plan
pursuant to local expectations, debtors can cure secured debt arrearages and have their cases
dismissed without paying a dime to unsecured creditors, just like zero-payment plans that pay
nothing to unsecured creditors, which some courts routinely permit.
This proposal seeks to establish a principled basis for determining the payments to which
unsecured creditors are entitled throughout the course of chapter 13 plans. It diverges from both
the disposable income test and the percentage-of-debt "good faith" test and
introduces the notion of a standardized payment based on a graduated percentage of adjusted
gross income. The trustee or any unsecured creditor could file an objection to a plan that deviated
from the guidelines, and a court would determine whether the circumstances justified the
deviation. For example, it may be appropriate to authorize a lower percentage payment if a debtor
had an extraordinary drain on his income on account of a chronically ill dependent or if the local
cost of living were considerably higher than the national average. A sample guideline that has
provided a point of departure for the Commissions discussion would require nominal
repayment by debtors with incomes below $20,000, and a graduated repayment requirement
climbing to about 5% of adjusted gross income annually for debtors with incomes at above
$75,000. The percentage guideline would be adjusted based on the number of dependents claimed
for income tax purposes.
The percentage payable would be distributed pro rata to unsecured, non-priority creditors
holding dischargeable and/or nondischargeable debts, although a debtor would be free to pay
additional amounts to creditors holding nondischargeable debts. The debtor would still be
required to meet the "best interest" test to confirm a chapter 13 plan and as a result
debtors might have to pay more than the income guideline amount to meet that requirement.
Debtors also would be free to pay more if they voluntarily chose to do so. However, the
standardized baseline recommended in this proposal is intended to supersede the minimum
percentage of debt requirements currently imposed by some courts.
All debt repayments would be monitored and distributed by the chapter 13 trustee. The
trustee would be obligated to verify income and to annually review a debtor's income for changes
and possible modification -- upward or downward -- of the required amounts. To this end,
debtors would be expected to provide any supplementary documentation at the request of the
This principled approach should yield certainty, which will bring other benefits. For creditors
that lend nation-wide, their chapter 13 entitlements become much clearer and more consistent.
Although the proposal would not bar deviation from the standards when the circumstances so
required, it would establish a clear uniform starting point, something absent in the current chapter
13 system. By eliminating the need for judicial inquiry into the necessity and propriety of
children's braces and church contributions, for example, the sources of deviation would be sharply
reduced. Judicial resources could be put to more efficient use in deciding other legal disputes.
Income-based unsecured debt payments also should complement other efforts to improve the
budgeting practices of chapter 13 debtors, while they promote debtor autonomy in determining
what expenses fit their budgets. As part of the bargain in chapter 13, debtors would have a
reasonable fixed payment through the life of the plan and could budget accordingly. This may help
more debtors complete more realistic repayment plans. Because the amounts required by the
guideline are a percentage of income and not dollar for dollar, the system would not discourage
debtors from increasing their productivity.
In addition, attorneys fees payment methods in chapter 13 currently differ widely
around the country and should be standardized. Some courts prohibit debtors from paying
attorneys fees in the plan. Other courts permit payment on only a pro rata basis through
the life of the plan. Still others allow certain plan payments to be applied exclusively to
attorneys fees. Although the Working Group could find no justification for the diversity, it
has not determined an appropriate single practice to recommend. The Working Group invites
further comment on this issue.
Consequences of Completion of a Plan of Repayment (15 U.S.C. § 1681 et
One of the ironies of the current bankruptcy system is that debtors who try to repay their
debts in chapter 13 may have worse credit histories than those who quickly discharge debts in
chapter 7. Few credit reporters identify debtors who tried to repay or even those who, in fact,
completed substantial repayments.
The Consumer Bankruptcy Reform Forum of the American Bankruptcy Institute
unanimously endorsed this recommended change in credit reporting. The group felt strongly that
more information in the credit system would help debtors re-establish credit following a
bankruptcy and help creditors make more informed credit-granting decisions.
Debtors who choose chapter 13 repayment plans should have their bankruptcy filings
reported differently from those who do not, and the Commission recommends that the Fair Credit
Reporting Act be amended accordingly. Both the fact that the debtor attempted a repayment plan
and that the debtor attended a debtor education program would be useful information for
creditors making subsequent lending decisions. Moreover, differential reporting would give
debtors some incentive to undertake repayment in chapter 13 that they might otherwise not
Trustees would be encouraged to establish credit rehabilitation programs to help give debtors
better, cheaper access to credit for those who participate in repayment plans. Once again, existing
successful programs would provide a model for study as trustees take on this important task.
Dismissal/Conversion/Refiling (11 U.S.C. §§ 1307, 362, 109)
The current bankruptcy system provides all debtors with unlimited access to the bankruptcy
courts. Such a system is easy to administer, but it creates opportunities to abuse the system in
ways not originally contemplated. A significant number of individual debtors in some districts
obtain repeated access to the bankruptcy system with little intent to reorganize their financial
affairs, seeking only the temporary shelter of the powerful automatic stay. The Commission
believes it is important to retain initial access to the bankruptcy court for debtors in financial
trouble and that this access yield meaningful relief to those in need, but it recommends the
imposition of significant constraints on the ability to re-file for individuals who recently have been
in the bankruptcy system.
A case under chapter 13 that otherwise meets the standards for dismissal shall be
converted toChapter 7 after notice and a hearing unless a party in interest objects. Any
party in interest may object to the conversion if a previous filing triggered a time bar that
rendered the debtor ineligible to file for chapter 7 relief, in which case the chapter 13 case
will be dismissed and will trigger the two year bar on refiling in chapter 13. In addition,
the debtor may object to conversion without grounds, in which case the chapter 13 case
will be dismissed and will trigger the two year bar on refiling. The standards for
modification, dismissal, and discharge in Chapter 13 would not otherwise change.
After notice and a hearing, a bankruptcy court should be empowered to issue in
rem orders barring the application of a future automatic stay to identified property
of the estate for a period of up to six years when a party could show that the debtor had
transferred such real property or leasehold interests or fractional shares of property or
leasehold interests to avoid creditor foreclosure or eviction. A subsequent owner of the
property or tenant of the leasehold who files for bankruptcy (or the same owner or holder
in a subsequent filing) should be permitted to petition the bankruptcy court for the
imposition of a stay to protect property of the estate, which the court would be required
to grant to protect innocent parties who were not a part of a scheme to transfer the
property to hinder foreclosure or eviction.
[Commissioner Ceccotti does not support this recommendation as written. She recognizes the
need for some restrictions on multiple refilings, but believes that the more problematic instances
of refiling occur on the third or later filing. She notes that debtors in financial chaos cannot always
straighten out their problems on the first or even second try; they lose jobs, or face other crises. If
debtors are not receiving good legal advice, their cases may be dismissed when they fail to move
quickly for plan modification or otherwise skillfully negotiate the complex consumer bankruptcy
system. Instead of an automatic ban on chapter 13 refiling, she would prefer a less onerous
mechanism that imposes some limits on access in a third (or later) filing by making the automatic
stay subject to challenge in those instances. Commissioner Ceccotti supports the current
restrictions on refiling for debtors who have received a chapter 7 discharge, and she also supports
the recommendation of in rem orders.]
With very few limitations, debtors may file for bankruptcy under current law whenever they
present the appropriate papers to the clerk of the court and pay the filing fee. Imposing limitations
on access to the bankruptcy system would be an historic and important change.
The framework includes this significant change in debtors access to consumer
bankruptcy partly based on evidence that some debtors repeatedly seek bankruptcy relief to use
the tools that enable them to continuously defeat their creditors collection efforts without
making the commitment required either in chapter 7 or chapter 13 to resolve their financial
problems. The proposed restrictions also are premised on the principle that frequent and repetitive
access to the tools of bankruptcy should be discouraged if one trip to the bankruptcy system
provides the relief that Congress intended. For the repeat filings that some parties believe are
justified, this proposal puts the burden on the debtor to prove that justification. However, these
proposals do not contain a recommendation to limit the initial access to any chapter in the
bankruptcy system. Bytightening the system generally, limiting refiling, and capping exemptions,
the system remains available for those who really need bankruptcy relief but becomes significantly
less attractive for those who do not.
If individual debtors are precluded from returning to the bankruptcy system for two years, as
the framework provides, it becomes especially crucial that debtors emerge from the bankruptcy
system with a genuine fresh start. The framework provides that failed chapter 13 cases
presumptively should be converted to chapter 7 to enable all debtors to do what debtors with
active legal counsel already can do under the present system. Rather than penalizing debtors who
attempted to repay their debts in chapter 13, this presumption would enable them to get the
discharge they would have received had they originally filed under chapter 7. Of course, there
would be an opportunity for notice and a hearing, and a debtors case could not be
converted if the debtor was not eligible for chapter 7 relief.
The proposal preserves a debtors option to have her chapter 13 case dismissed,
without converting to chapter 7, and be subject to the two year bar notwithstanding her lack of
discharge. Peculiar circumstances, e.g., securing lucrative employment or winning the lottery, may
warrant this route. A debtor then could work with her creditors at state law, bearing in mind that
he presumptively is barred from returning to the bankruptcy system for relief for two years. In
such a situation, the debtors credit reports should reflect that the debtor did not discharge
any debt. This presumptive conversion proposal is consistent with the unanimously-approved
recommendation in the report of the American Bankruptcy Institute Consumer Bankruptcy
Reform Forum.
The proposal contemplates that other parts of the chapter 7 and chapter 13 system would not
be changed. The grounds for dismissing or converting a chapter 13 case, for example, would
remain intact, as would the effects of dismissal and conversion, except for the bar on refiling.
Similarly, the proposal does not change either the current "best interest" standard or
the chapter 7 requirements for debtors whose cases were converted from chapter 13.
In addition, this proposal recommends that bankruptcy judges be authorized to issue in
rem orders to deal with a narrow, but significant category of abuse. The practice of
transferring fractional ownership shares to multiply access to bankruptcy and the automatic stay,
although still relatively rare, is not defensible in any circumstance and should be prohibited.
Bankruptcy court in rem orders could be filed in the state recording system to provide
notice to purchasers and other parties.
Landlords also have had trouble with the abusive practices identified here. Thus, the in
rem proceeding also should be available if a debtor transferred a fractional share in a
leasehold. Whether done by owners or tenants, transferring fractional shares to evade the
application of state and federal laws is inappropriate and the Commission recommends this
approach to curtail this practice.
Some courts already use in rem orders. See, e.g., In re
Snow, 201 B.R. 968 (Bankr. C.D. Cal. 1996). However, not all courts believe that they have
the authority to issue these orders, and some have indicated that they would not do so absent
direct statutory authorization. The Commission takes no position on the legality of the current
practices regarding in rem proceedings, but it notes the utility of these orders in especially
egregious circumstances to preserve the integrity of the system.
Rent-to-Own Contracts (11 U.S.C. § 101)
The Bankruptcy Code determines the secured and unsecured status of consumer loans and
also establishes when a transaction is appropriately characterized as a loan secured by a purchase
money security interest and when it is another type of contract. The distinction is particularly
critical in the context of "rent-to-own" agreements. According to the American
Bankruptcy Institutes Consumer Bankruptcy Reform Forum report, a majority of courts
treat them as installment sales contracts/secured loans and a minority treats them as true leases
subject to section 365. The ABI Forum, which included debtors, creditors, judges, academics, and
trustees, unanimously recommended that such contracts be treated as secured loans rather than as
[Commissioner Jones objects in principle to dealing with rent-to-own transactions in the
Bankruptcy Code. She believes that the appropriate treatment of such transactions should be
determined elsewhere in law. Commissioners Williamson and Ceccotti concluded that the question
of how to treat these contracts is a bankruptcy question and that the Commission should make a
recommendation in accordance with the bankruptcy principle of equality of treatment among
In the development of this proposal, the ABI report indicates that "many instances
were cited where the use of [rent-to-own] contracts have created problems throughout the
country for low income consumers. In rent-to-own transactions, consumers enter into agreements
to rent various household and personal items for low payments over extended terms designed to,
in essence, purchase the item through agreement. These rent-to-own contracts appear to be an
attempt, by those who engage in this practice, to avoid various state laws regulating interest rates
and lending practices."
Whether rent-to-own contracts should be permitted under consumer protection laws is
beyond the scope of this Commissions work. However, the characterization and treatment
of such contracts in bankruptcy is well within the province of the Commission. This proposal
would resolve the dispute in the courts and recommend that Congress adopt the majority view
treating such contracts as security interests, a view that is more in keeping with Bankruptcy Code
principles of equality of distribution.
The economic consequences of the characterization will be extremely relevant to all parties
in a bankruptcy case. The secured and unsecured creditor representatives who participated in the
ABI forum were particularly concerned about the favorable treatment received by rent-to-own
creditors premised on the ambiguous nature of the transaction under state law. If a rent-to-own
contract is considered a "lease," it then would be governed by section 365. If debtor
wanted to keep the property, she would have to assume the contract and pay the contractual
obligation in full, which would be entitled to administrative expense priority. The vendor not only
would receive superior treatment to other purchase money security interest holders by being
entitled to one hundred percent payment, but the vendor would get the lions share of
assets that otherwise might be available for pro rata distribution to all unsecured creditors. If,
however, the transaction is characterized as a purchase money security interest/installment sale,
the vendor would be entitled to an allowed secured claim under section 506(b) to the extent of the
value of the collateral, like other secured creditors. Treating the rent-to-own agreement as an
installment sale, which apparently is the underlying function of these agreements, would create
greater parity among similarly situated creditors.


text: Vettel: It's no secret you need very, very strong reliability to be a title contender 13 March, 2014 Sebastian Vettel during official photo shoot in Melbourne Red Bull will put a very different car on the track for the season-opening Australian Grand Prix from the model which disappointed during the last test in Bahrain, reigning champion Sebastian Vettel said on Thursday. Vettel, bidding for a fifth consecutive title, comes into Sunday's race at Albert Park with his team scrambling to come to grips with the new hybrid turbo era in Formula One. Red Bull, one of four teams using the troubled Renault power Unit, was unable to finish a race simulation for either Vettel or his new Australian team mate Daniel Ricciardo, and badly lagged rivals Mercedes and Ferrari in terms of mileage. Sebastian Vettel walks the Albert Park track with his crew "It will be a very different car," the 26-year-old told reporters at Albert Park. "Obviously, we had a lot of problems during the tests, we didn't get to test a lot of stuff and we hope to do some more running here." Red Bull's struggles to adapt to the new V6 engine have given rival teams hope of ending their four-year stranglehold on the constructors' and drivers' championships, or at a minimum end the German's run of nine consecutive race victories. Vettel, who has not lost a race since July, said little to lift the gloom hanging over his team's garage, but was adamant that just finishing the race was not the limit of Red Bull's ambitions in Melbourne. "We know that we are not in the best shape yet. There are a lot of things we need to sort," said Vettel, a 2011 winner at Albert Park and third last year. Sebastian Vettel with Daniel Ricciardo in Melbourne "Unfortunately, you can't solve all of them overnight. We'd love to but we cant. We really have to go step-by-step together with Daniel. "It's no secret you need very, very strong reliability to be a title contender. "I'm going out of here not just trying to make it around, I'm going round here to push to the maximum and do the best I can, and then we'll see where we are and how far we get. "The target, for sure, is to finish, and the target for sure is to finish in the best possible position. That's the mindset, it's fairly straightforward. "We have a strong team, good people on board…I'm confident we should progress as the season goes on." After an occasionally tempestuous five years with the plain-spoken Mark Webber, Vettel has a younger Australian team mate in the garage in the form of Ricciardo, who graduated from sister team Toro Rosso. Sebastian Vettel with fans in Melbourne Vettel joked that he had little advice to give the 24-year-old after pre-season testing. "Not much, we didn't drive that much this year, so there's not much I could talk about," he said. "Obviously you do your own thing once you're in the car." Having battled manfully through countless media appearances in the leadup to his home grand prix, Ricciardo will face a huge task holding his own against his more senior team mate out on the track. "For now, I'll just focus on what I've done for the last few years," he said. "Just keep doing what I've been doing to get to this point and then see how it's feeling. "Obviously I get a good view behind the scenes with the engineers, and also with how Seb works with his guys and understand a bit more through that but for now it's just do my thing and see where I stand." (Reuters) Subbed by AJN. Tweet Related NewsRed Bull appeal of Melbourne disqualification is first test of F1's new eraRed Bull disqualification appeal may take several weeksRicciardo: I still stood there on the podium and that was a great feelingVettel: No doubt we'll fix this issue, the question is how soon?Dream second place for Ricciardo turns to nightmare as he is disqualified from Australian GPRicciardo: Two or three weeks ago I would have bet everything that we would not be standing up hereRicciardo shines bright in Qualifying debut for Red Bull on home turfSoftware glitch thwarts Vettel as he begins title defence and quest for fifth titleRicciardo: I'm 100 per cent sure they are going to give me as much opportunity as SebVettel: We have to fight, charge forward and take everything we can get Francois Duminy We might see a lot of toys outside the "playground" this year…!!

subset: commoncrawl


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March 24, 2011
Ashley's Tri-Color French Manicure
I love these pictures! Ashley did this manicure last year sometime to match one of her favorite necklaces. She used Ruby Kisses Caribbean, OPI Greenwich Village, & OPI Need Sunglasses.
Thanks for reading!
Labels: French Manicure, Nail Art
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text:
Celebrate your sweetie on Valentine's with this Cupcake Fondue Party from Bake It Pretty
bite size cupcakes (you could add mini donuts & a little fruit for fun)
Click here for all the details.
This idea take the (cup)cake! It's SO fun!
OMG, I love this idea and have to repost. You find the best things, Sue!
Such a great idea!!!
so cute! Love it!
um, yum! i wish i had cupcake fondue right now!
Kids are sure to love this! Great way to sneak in some fruits, too, as you suggested.
What a great idea, I love it! Your blog is too cute, I'm a new follower!
©2009-2010. All rights reserved.


text:
Daytrip Empire Dress
SALE $16.25 was $32.50 Item #72040PT99135D
Sorry, this product is currently not available on buckle.com.
- Lace and chiffon printed dress
- Elasticized waist
- 100% Polyester.
- Hand wash in cold water separately. Do not bleach. Hang to dry. Cool iron if needed.
- Made in China.
Have a Question?
Email Guest Services.
We changed our page. Tell us what you think.
- Measures 37 1/2" shoulder to hem.


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Displaying 76-100 of 348 results
New Iron Formulations Make Iron-Rich Foods Easier
New formulations for iron are making it easier for processors to include the vital metal in beverages and foods.
The N.E.X.T. Big Thing - Food and Beverage Trends
One of the primary challenges food and beverage marketers face is the conceptualization of innovative products. Whether it's the next generation of energy drinks, a new twist on a classic flavor or reinventing the candy bar as a meal replacement, Wild Flavors is always on the lookout for big ...
Trends from the Natural Products Expo East
The Natural Products Expo East, held last month in Baltimore, showcased thousands of new products for health and wellness as usual. But there were also some interesting trends worth taking note of. Sustainable and Free-Trade are making aggressive inroads, cherries are back, and editor David Feder...
Westminster Bakers Co. Introduces Bite-Sized Seasoned Snack Crackers
The Seasoned Snack Crackers come in a convenient 1.5-oz single-serve bags with flavors that include. Chipotle Ranch, Parmesan Peppercorn and White Cheddar Romano.
Category: New Food Products
Product Type: Snacks
Baby Cereals Made with Natural Grains
Van Drunen Farms offers nutritious cereal bases for baby cereal products.
Category: Ingredients
Product Type: Base
Progresso Cooks Up High Fiber Soups
Category: New Food Products
Product Type: Grain Products & Cereal
Power of Five Show Goes Out With a Bang
With many of the biggest food processors missing from this years FMI show, the Power of Five team will split up next year. But new products were plentiful.
2012 Food Industry Outlook: A Taste of Things To Come
Healthier foods, more nutraceuticals, greener everything and other challenges and consumer trends for the new year.
Its A Candy; Its A Game
Category: New Food Products
Product Type: Candy & Confectionary
Lean Cuisine Spa Cuisine Gets Fiber-Fortified
Nestle Prepared Foods has rejuvenated its Lean Cuisine Spa Cuisine entrees to contain 5-6g of dietary fiber in each serving, or 20 percent of the recommended daily value.
Category: New Food Products
Product Type: Packaged/Prepared Foods
Frozen Food Sales' Decline Paves the Way for Fresh Food Innovation
With frozen food sales declining but fresh prepared foods growing, redirect your products from the freezer case toward the deli counter.
Food Biz Kids: Puft-n-Stuft Sandwiches
Our panel of eighth-graders think the easy-to-eat sloppy joes and pizza products are just a slice of snack heaven.
Food Biz Kids: Storkline Birth Announcement Popcorn
The Storkline's fruit-flavored popcorn is color-coordinated to the new baby's gender: blue for a boy and pink for a girl.
Food Manufacturers Slipping Health into Children's Foods
Food formulators use stealth options for hiding nutrients and healthy ingredients in children's snacks, meals and beverages. New ingredients, methods and technologies are making this task even easier.
2005 "Top 100" corporate profiles (1-25)
This article provides background information on the companies comprising Food Processing's Top 100. Our ranking reflects the 100 largest value-added food and beverage processors in the U.S. and Canada, the top producers (not necessarily marketers) of grocery store-ready packaged food products.
Lean Cuisine Seafood Selections Offer Seafood Taste for Fewer Calories
Lean Cuisine Seafood Selections incorporate whole grains, antioxidants, fiber and omega-3s into convenient and tasty meals.
Bloomen Nutrition Blooms Into The Prenatal Market
Category: New Food Products
Food Companies Cautious About Sales Performance at CAGNY
Food companies are optimistic, but cautious about sales performance.
Food Processing Trends
Baby Boomers Spell Trouble for Consumption
How Baby Boomers' wallets could spell trouble for consumption.
Food Trends to Watch in 2007
IRI Times and Trends expects the following trends to impact the consumer packaged goods market throughout 2007 and into the next few years.
Food Bars Ideal for On-The-Go Consumers
Breakfast/cereal/snack bars are ideal for on-the-go consumers; and they can mesh well with the new Dietary Guidelines.
Danone to buy Dutch baby-food giant Numico
Groupe Danone, the world's largest yogurt company, said it planned to buy Numico, a Dutch baby-food maker, for 12.3 billion euros as part of its focus on healthy nutrition.
Food Biz Kids: Mixed Feelings About Pinky-Sized Butterfinger
Both praise and nay's from our junior-high reviewers on the snack size candy from Nestle USA.
Trend Watch 2010: Food Trends
A few more nitty-gritty consumer trends and trendlets to watch in the new year.
Displaying 76-100 of 348 results


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Off-Day Guide: April 4
Monday, April 4, 2011
It's the first day off day of the season and holy crap do we need it! I couldn't even bear to watch Sunday's game past the third inning. That was terrible. You know the drill. We'll give you TV and book recommendations, but this year we'll throw in a culture recommendation as well, either an event going on in South Florida or some music to check out while the Marlins are off. We want you guys to be well-read, culturally literate, and totally informed. We're trying to cultivate the most interesting readership on the web, and we will do our part, goddamn it.
- Twins at Yankees (7 pm, ESPN): It's baseball, which makes it better than most anything else on at 7 on a Monday.
- Dancing With the Stars (8pm, ABC): I'm not sure who's on this year. Actually, skip it, this show is garbage. We want better for you.
- Ken Burns' The Civil War, Parts 2 and 3 (8pm, PBS): Ignore everything Shelby Foote says, since his books have no footnotes. That's all you need to know about Shelby Foote.
- Enron: The Smartest Guys in the Room (8pm, CNBC): I've been meaning to watch this.
- It's Always Sunny in Philadelphia (9pm, Comedy Central): One of the best shows at the moment. "The Gang Gets Stranded in the Woods" is showing at 10 (with cameos from Chase Utley and Ryan Howard), and it is one of the best episodes of the series.
- NCAA Championship Game (9pm, CBS): You're bracket is fucked already, so why bother?
Tonight's bonus suggestion is to go to Mexican Monday at one of Flanigan's many South Florida locations. If you follow me on Twitter, you know the deal already. With your first pitcher of beer or soda you get a free plate of nachos, and it's a generous portion. When I go with my buddy Alex, it's pretty much all we get. Also, except for the Coconut Grove location, they still have all night happy hour. All single servings of alcoholic drinks are half off after 9pm. If you don't live in South Florida, then perhaps throw on a sombrero and make yourself a nice nacho plate.


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Happy Holidays!
I hope that everyone has a peaceful and relaxing festive season. Merry Christmas and all the best for the New Year 2010!
#navbar-iframe { height:0px; visibility:hidden; display:none; }
My journey to better coffee and home espresso... ...and as it turned out for me, a story of finding a passion bordering on obsession... Enjoy! I do.
Happy Holidays Teme!
/Martin in Sweden
Belated HAppy Holidays!!!


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…..Read more ›
Archive for December, 2011
Why We Must Stop SOPA
Right now, there are two pieces of legislation in Congress that would change the Internet forever if they are enacted. The Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA) would give the federal government the ability to potentially shut down millions of websites. SOPA (the version being considered in the U.S. House of Representatives) is the […]Read more ›
Original offering found at Teotihuacan Pyramid
Credit: ole-mexico.blogspot.com Archaeologists announced Tuesday that they dug to the very core of Mexico's tallest pyramid and found what may be the original ceremonial offering placed on the site of the Pyramid of the Sun before construction began. The offerings found at the base of the pyramid in the Teotihuacan ruin site just north of Mexico City include a green […]Read more ›
Police called out to ghostly goings-on in Peterborough
A mocked up picture of what appears to be a ghost on the A47 in Peterborough Credit: Peterborough ET Police in Peterborough have been called on to act as ghost busters by victims who feel they may have been targeted by thieves and yobs from beyond the grave. Findings released by Cambridgeshire Police following a Freedom of Information request by […]Read more ›
The ten most notable UFO movies of 2011
By As we say goodbye to 2011 I thought it only appropriate that I put together a list of what, in my opinion, have been the best, worst, and most interesting UFO movies of the year…..See for more and add your own lists.Read more ›
MoD chiefs 'hid evidence' of big cats prowling UK new book claims
Ministry of Defence chiefs are covering up the existence of big cats stalking the British countryside, according to explosive claims in a new book. Hundreds of big cat sightings have been recorded over the years, from the Beast of Bodmin Moor to the Surrey Puma, but it is now claimed that evidence of them has been suppressed. Rick Minter, author […]Read more ›
Paranormal Lancashire by Daniel Codd
Review by They pride themselves on being an 'ordinary' lot in Lancashire but that doesn't mean they don't have the odd skeleton – and maybe even a ghost or two – rattling around in their history. In fact, they're more likely to be 'boggarts,' 'dobbies,' and 'barguests' to those who have dabbled in the folklore of a county steeped in […]Read more ›
Family Videotapes 'Christmas Ghost' On Cell Phone
A family from Claypool, Indiana claim to have captured a "sweeping ghost" through a cell phone. The family posted the video online, calling the sighting the "Ghost of Christmas Past." StoryRead more ›
The Scientist Who Controlled People With Brain Implants
Jose Delgado performed experiments way back in the 50's and 60's with marked success. Using bulls, primates and humans, this chapter in history has been ignored for so long, read this amazing account of brain implantsRead more ›
Ufo's and Aliens Contact
This new documentary explores the secrecy surrounding the greatest cover-up of all time, presenting an overview of the UFO phenomenon, aliens, abductions, disclosure, and hyper-dimensional realities. Ufo's and Aliens Contact (Full Documentary) Very Good info not to be dismissed.Read more ›


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December 22, 2014
Knoxville, (WVLT-TV), As the Vols were celebrating what Scout.com called the #10 signing class in the country, UT's recent past was rearing it's ugly head.
A Fan House report on Wednesday credited sources as saying the NCAA will cite Tennessee, Lane Kiffin and former UT assistant coach David Reaves for failure to monitor.
In his report Clay Travis writes, "In its investigation, the NCAA has determined that Reaves, then an assistant coach at Tennessee, made improper contact with recruits as well as providing written and oral instruction to the Vol hostesses about which top recruits to contact, how to contact them, and asked for updates on those conversations, which occurred either via Facebook, text message or phone call.
"The hostesses were also urged to inquire as to how official visits to other schools went and to make sure that recruits remained committed to the Vols. According to the NCAA these contacts were improper and amounted to a failure to monitor on the part of the football program."
Kiffin is now the head coach at Southern Cal while Reaves is an assistant at New Mexico. Both coaches could face restrictions by the NCAA with regards to recruiting in the future.
The University of Tennessee is currently awaiting official word from the NCAA on alleged violations committed by it's football, basketball and baseball programs. Notification could come as early as this month.
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UPDATE: The Portable Elevated Planter – Design Two has been updated and this model is no longer being made. Take a look at the new model at the following link:
Living Green Planters – Jumbo Portable Elevated Planter Box, Design Three
Portable Elevated Planter Box, Design Two. Perfect for vegetable gardening. Perfect for your very own organic suburban farm or urban farm.
Learn to grow your own organic vegetables, with no need to bend over to tend to your vegetable garden. Easy to move as it comes with wheels.
The dimensions are:
6′ (width) x 2′ (length) x 1′ (depth)
total planter height: 2'8″ (height) or 32″
These are custom built planter boxes designed by Living Green Planter. If you are looking for other dimensions, please feel free to contact for a quote, custom sizes without custom fees. We are wholly committed to designing and building original planter boxes in an environmentally responsible way. I'm also an engineer, so if you have any design questions, I would be glad to help in terms of designing your planter for your garden.
PLEASE NOTE… Pick up only, Delivery available for a small fee if needed within the Los Angeles, Ventura, and Inland Empire areas.
*** All Sales are final. No refunds, No returns, No exchanges. Please see our "Pricing Page" for more details, Click Here!!!
Also visit http://www.livinggreenplanters.com for other products and for other design ideas.


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Tacupeto Chips and Salsa
Tacupeto Chips & Salsa, your local Southern California corn tortilla chips and salsa company. Making some of the best chips and salsa products since 2007.
How We Stay The Best
Since the beginning, we have always put time and effort into every bag of chips and container of salsa we make. Using only the best ingredients for our products, we maintain a high level of quality and taste for all our consumers.
Our Product Range


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Even once you unlock all forty main brain training games, there are stress training games that mix more action-oriented events with the original minigames. An online versus mode is present but is likely to go largely unused in this type of game. Even less useful are the "Bonus" non-challenge games, including Paint, Ball and Piano. In these modes you just play around without any goal, which largely amounts to wasted space on the DS cartridge since none of them are very fun.
While they weren't exactly subtle about where they got the idea, publisher Ubisoft and developer Gameloft should be commended for making Brain Challenge a very solid gaming experience regardless. We're still not so sure it provides any real self-improvement, but damned if we didn't feel satisfied the first time we got over 50% of our brain working.
Jan 25, 2008


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A Man in His Office: Designer Todd Snyder
His namesake label is poised to blow up in 2013, so we swung by his Manhattan workspace to see where he gets his inspiration
By Yale Breslin
The Painting
"I love what this painting represents. It's a little bit more grown-up and serious. I found it at Paula Rubenstein in New York, and she slowly unrolled it for me. She's a huge source for many designers. She has the best collection of vintage pieces and antiques. I love Old World styling, but I try to bring a modern sensibility to my style. This photo represents that to me."


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Being a top aide to Daley meant having to say you're sorry — on demand: Brown
By Mark Brown October 30, 2013 8:04PM
Mara Georges | Sun-Times files
Updated: December 2, 2013 12:20PM
During her 12 years as Chicago's corporation counsel, Mara Georges often served as something of a human flak jacket for former Mayor Richard M. Daley.
From 1999 to 2011, the able and reliable Georges was pushed out front to explain away any number of scandals and missteps by the Daley Administration.
Until now, though, we'd never heard the fairly hilarious behind-the-scenes story of how Daley caught her off guard one day by making her take the blame for something in which she says she had no involvement.
Best of all, we can tell the story in Georges' own words, thanks to a deposition she gave this summer in connection with the city's lawsuit against owners of the Park Grill restaurant in Millennium Park.
You know the story of the Park Grill. Guy meets girl. Guy owns a restaurant. Girl handles valuable Park District restaurant concession. Guy and girl make a baby together. Guy gets concession deal. Mayor knows nothing. Nothing! But a bunch of his pals invest in what city lawyers later call a "sweetheart deal."
Chicago Sun-Times reporters broke that story in February 2005, and a few days later the mayor was scheduled to meet the press for the first time.
I'll let Georges pick up the story from there.
"I was called into a mayoral press conference. I don't recall where the press conference was. It is possible it was at police headquarters. For some reason that sticks in my mind. It was on an unrelated topic, not involving Millennium Park or the Park Grill."
"During the press conference, he must have started getting questions about the Park Grill, and therefore, his press person contacted me saying, 'Get to this press conference immediately.'"
"As soon as I arrived at the location of the press conference, I walked up onto the stage, stood next to the mayor, and he was asked, I believe it was by Fran Spielman, 'Mayor, who's to blame for this fiasco?'
"And he pointed at me and said, 'She is.'
"And I whispered to him, 'Mr. Mayor, they're asking you who's to blame for the Park Grill concession agreement.'
"And he said very loudly, 'I heard them. You're to blame.'"
Georges' account apparently startled P. Andrew Fleming, the lawyer who was deposing her on behalf of the Park Grill's owners, because he interjected: "I'm sorry. The mayor said what?"
"I heard them. You are to blame," Georges repeated.
Georges was surprised at the time, too, but she recovered quickly enough that she was ready when reporters then asked her why she was to blame?
"I said that perhaps I should have been more aware of what the Park District was doing. I should have overseen the Park District operations better to have been aware that this lease was being entered into," Georges told Fleming.
In truth, Georges explained in the deposition, the Park Grill concession agreement had been handled by the Park District's lawyers, and she had only become aware of it after reporters started snooping around.
What Georges didn't say is that finessing reporters by taking a bullet for the mayor is just one of the duties of a loyal soldier in a big city administration, and you didn't have to watch Kelsey Grammer in "Boss" to know that.
Here's the artful way she explained it in her sworn testimony:
"I think first of all you have understand that at the time I was talking to the press on this issue. I had been called into the press conference at the last minute and then been assigned blame for something that frankly I didn't have anything to do with … and so I was trying to explain to the press why what the mayor was saying made sense.
"… You know, very often he would say things and there's a certain cleanup job that goes along with it where I would end up being the one who would explain the details, what had happened, how it was going to proceed.
"And so here I was taken aback and taken by surprise by the fact that he said I was to blame, and I was explaining to the press how blame could be attributed to me and trying to come up with some way that blame was attributed to me."
Georges told me by phone Wednesday that she wasn't trying to mislead reporters with her answers that day.
Lest you think Georges is talking out of school, keep in mind that she is now a partner with Daley's brother Michael in the longtime family law firm, formerly known as Daley & George and now as Daley & Georges.
That kind of loyalty is hard to find.


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8 examples of findmnt command to check mounted file systems on Linux
Mounted file systems and devices The more common command to check mounted file systems on linux is the mount command which is used to not only list mounted devices, but also mount and unmount them as and when needed. Here is another nifty command called findmnt, that can be used to take a quick look at what is mounted where and with what options. Install findmnt The findmnt command...Read more... Comment (0)
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Angular Data Grid
Simple table with sorting and filtering on AngularJS
An easy to use Table / Grid module
An angular directive for a table with a 100% declarative dsl.
A lightweight masonry-like, responsive grid for AngularJS.
AngularJS Table directive that draws a table of data with different features
The selection management companion for ngRepeat
reusable angularjs widgets
An Angular Gridster.js directive
Simple table directive with pagination and sorting for Angular
Show tree structured data in a grid
The Angular Datagrid. Highly optimized AngularJS datagrid. Easily modify and add your own behavior with addons! Now your ng-repeat doesn't have to bog down your app when you have lots of data to show.
An easy to use grid repeating module with opening panel.
An Angular Module for grids and tables. Its very explicit and doesn't do any magic at all.


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I have been taking Hydroxycut Hardcore Elite for the last week and now I am going to start logging it. I will update pic today so I can show the difference from today to the end of my log.
I am running 3 miles a day and doing Insanity at the moment and hitting weights. Some days I wake and do my cardio first and some days I just feel like hitting weights.
My waist is at 37 inches, I measure yesterday. I want to get back to 34 by next month. i am weighing at 216lbs. I just stopped my EPIQ stack because I felt like it would be more beneficial for me to use it when I lost some more fat and plus my mind was on some personal things in my life at the moment. So here I am locked an loaded and ready to get after it for the next month or so.
If you would like to follow please do. I am looking to get a great looking body before Hawaii in July. Thanks for reading. I willl post everyday for however long it takes to finish the Hydroxycut Hardcore Elite
I will be taking Epiq Power for my weight preworkout Watermelon, Fruit Punch and Epiq Isolate Chocolate and Vanilla. for protein during this time. All great flavors.
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