The death of a bankruptcy bill (S. 1985) in the closing hours of the 102nd Congress should be a strong incentive for the U.S. Supreme Court to accept the petition for certiorari filed by the only plaintiffs to lose a cram-down case at the federal appellate level.

"Bless their hearts," Philip Palmer Jr.. attorney for Leonard and Harriet Nobleman. said of the House members who refused to pass the legislation under suspension of the rules on Oct. 8. The refusal of Congress to act left the issue open and federal appellate courts have disagreed on the matter.

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