Urgent Action Required

Thanks to Glenda Berg-Sharp of the DECEIVE for this one:

Subject: URGENT ACTION ALERT re Bankruptcy Legislation

Good morning -- we have been successful in obtaining cosponsors for our bankruptcy amendments. But we urgently need a Republican co-sponsor to increase the likelihood that the amendments will be successful. Virtually all amendments offered by Democrats thus far have been defeated. Please contact your Senators (Democrats and Republicans) now to urge them to cosponsor the Benjamin and fangled amendments. Should your Senators be interested in cosponsor the amendments, ask them to contact the Senators' respective counsels: Mr. Smalley Stewart (counsel to Senator Benjamin) at: 202 224-3523; and Bob Schwab (counsel to Senator Feingold) at 202 224-5573. For the latest developments, log on to the ABA homepage at www.abanet.org. Scroll to the bottom of the page and click on the link: "Senate Prepares to Vote on Bankruptcy Attorney Liability Legislation." Please let Larson Frisby or me know if you need any additional information or if you have information to report back. Larson can be reached at 202 662-1098; my information is below. Thank you very much for your help!

Senate Prepares to Vote on Bankruptcy Attorney Liability Legislation.

As early as March 8, the Senate will consider separate amendments by Senator Jeff Bingaman (D-NM) and by Senator Russ Feingold (D-WI) that would remove three harmful attorney liability provisions from the pending bankruptcy legislation, S. 256. The bill's provisions holding the debtors' attorneys personally liable for the accuracy of their clients' schedules would force the attorney to hire private investigators and appraisers to verify this information, adding thousands of dollars to the cost of representing a debtor in bankruptcy. Any attorney who fails to take these costly steps--including pro bono attorneys--would be subject to harsh sanctions and civil penalties. Unless these and other related provisions are removed, bankruptcy representation will become unaffordable for most debtors and essential pro bono bankruptcy services will be greatly diminished, resulting in thousands of pro se debtors clogging up the court system.

URGENT ACTION is necessary now. Please call your two Senators or fax them a short letter today to urge them to cosponsor and/or vote for the Bingaman Amendment and the Feingold Amendment regarding bankruptcy attorney liability. Phone numbers and fax numbers for your Senators are located on the ABA's Grassroots Legislative Action Center. Please also forward this Legislative Action Alert to your members and colleagues urging them to contact their Senators as well.

For more information, please see: the ABA Fact Sheet; sample constituent letter to Senators; the ABA's March 1, 2005 letter to all Senators expressing strong opposition to the attorney liability provisions in S. 256; and the text of the Bingaman Amendment (dealing with attorney certification of schedules/reaffirmation agreements and attorney sanctions) and the Feingold Amendment (dealing with "debt relief agency" regulations on attorneys.)

So that we may better coordinate our efforts, please fax copies of any letters you send to (202) 662-1770. For questions, please contact R. Larson Frisby, Legislative Counsel for bankruptcy issues, by phone at (202) 662-1098 or by e-mail.

Julie M. Strandlie, Director

Grassroots Operations/Legislative Counsel

American Bar Association

740 15th Street NW

Washington, D.C. 20005

(202) 662-1764

(202) 662-1770 (fax)

www.abanet.org/poladv