University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2004 The Unfortunate Life and Merciful Death of the Avoidance Powers Under Section 103 of the Durbin-Delahunt Bill: What Were They Thinking? Steven L. Harris Chicago-Kent Law School Charles W. Mooney Jr. University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Bankruptcy Law Commons, Labor and Employment Law Commons, Retirement Security Law Commons, and the Secured Transactions Commons Repository Citation Harris, Steven L. and Mooney, Charles W. Jr., "The Unfortunate Life and Merciful Death of the Avoidance Powers Under Section 103 of the Durbin-Delahunt Bill: What Were They Thinking?" (2004). Faculty Scholarship at Penn Law. 513. https://scholarship.law.upenn.edu/faculty_scholarship/513 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. THE UNFORTUNATE LIFE AND MERCIFUL DEATH OF THE A VOIDANCE POWERS UNDER SECTION 103 OF THE DURBIN-DELAHUNT BILL: WHAT WERE THEY THINKING? Steven L. Harris & Charles W. Mo oney, Jr.* lNTRODUCTIO This Article seeks to draw some lessons from the drafting, introduction, claimed justification, and eventual withdrawal of Section 103 of the Employee Abuse Prevention Act of 2002 (the "2002 Bill"). I The Bill was introduced by Senator Richard J. Durbin (D-Ill.) and Rep. vVilliam D.