Russ Feingold: “section 102(A)(3) of S. 1301, the section of the bill that would make a debtor's attorney responsible for the costs and…”

“section 102(A)(3) of S. 1301, the section of the bill that would make a debtor's attorney responsible for the costs and the fees of the trustee if the attorney loses a 707(b) motion and the chapter 7 filing if it is found not to be "substantially justified" is a very troubling provision. As we know, a 707(b) motion does allow the court to dismiss or convert a bankruptcy petition. This is an important safeguard that protects the bankruptcy system from having abusive chapter 7 filings. There certainly is some abuse by some debtors' attorneys. However, this provision does not punish the attorneys. It actually punishes their clients. This provision, Mr. President, in effect, will deny debtors their right to be represented by counsel. What it will do is deny debtors any meaningful access to chapter 7 of the bankruptcy code. Therefore, ultimately, this provision will have the effect of denying debtors equal access to justice.”