Congressman Nadler (D, NY) and Cohen (D, TN) introduced the Business Reorganization and Job Preservation Act of 2009 , H.R. 1942, which seeks to amend the Bankruptcy Code by repealing to pre-BAPCPA the following sections: 365, 366, 503(b)(9) (repeals altogether), and 546(c). The purpose of the Act is to increase the changes of retailers to reorganize successfully. For an article discussing changes need to the Bankruptcy Code to increase the likelihood of retailers reorganizing see Suggested Amendments to US Bankruptcy Code.  Certainly, this is one of the most encouraging Acts proposed since BAPCPA from the retailers’ perspective, but the real question is:  will it be adopted?  Unfortunately, probably not, at least not without some strong, unified and consistent lobbying from the retail industry.

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