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Post date: Wednesday, November 29, 2017

The Electronic Discovery (ESI) in Bankruptcy Cases Subcommittee of the ABA Business Law Section, Bankruptcy Court Structure and Insolvency Process Committee, chaired by the author, drafted a proposed amendment to add the concept of proportionality to Bankruptcy Rule 2004(c).

Post date: Wednesday, November 29, 2017

“Lending to the most highly indebted companies in the U.S. and Europe is surging.”—   Wall Street Journal[i]

Post date: Monday, January 18, 2016

As the first session of the 114th Congress ended on Dec. 18, 2015, nearly 50 pieces of legislation addressing a variety of bankruptcy and debt issues were added to ABI’s Newsroom. Eleven bills introduced throughout 2015 focused on the issue of student loans, either allowing for the discharge of student loans in bankruptcy or proposing additional consumer protections.

Post date: Tuesday, December 22, 2015

2015 was an exciting and eventful year for the Legislation Committee itself, as well as for its leadership.  While third-year Committee Co-Chair Jon Lieberman is concluding his final term, he is looking forward to his new role as an Associate Editor of the ABI Journal.


Camisha L. Simmons
Post date: Thursday, November 05, 2015

In late 2014, at the request of and in coordination with the global Financial Stability Board (FSB),[1] the International Swaps and Derivatives Association (ISDA) developed the ISDA Resolution Stay Protocol, which “will impose a stay on cross-default and early-termination rights within


Mark G. Douglas
Post date: Thursday, November 05, 2015

Europe has struggled during the last several years to triage a long series of critical blows to the economies of the 28 countries that comprise the European Union, as well as the collective viability of the 19 eurozone economies. Here we provide a snapshot of some recent changes implemented

Post date: Thursday, May 28, 2015

At the 33rd Annual Spring Meeting in Washington, D.C., ABI presented Professor Michelle M. Harner of the University of Maryland Francis King Carey School of Law with its highest membership award, the ABI Annual Service Award. As the official Reporter for the ABI Commission to Study the Reform of Chapter 11, Prof. Harner supported the Commission in all aspects of its vast effort to study current practice under chapter 11 and make recommendations for legislative reform.

Post date: Wednesday, March 04, 2015

While there are several important differences between the pending proposals to revise the system to resolve failing large financial institutions, they all have at least one thing in common: the belief that chapter 11 isn’t up to the task.

Post date: Monday, November 24, 2014

Editor's Note: The House Judiciary Committee passed H.R.5421 - Financial Institution Bankruptcy Act of 2014 - on December 1, 2014.

On Sept. 10, 2014, the House Judiciary Committee approved H.R. 5421, the Financial Institution Bankruptcy Act of 2014, by a voice vote.[1] The Act is the product of the Judiciary Committee’s long-standing oversight of the U.S.’s bankruptcy laws, as well as its recent examination into improving such laws for the resolution of bankruptcies of financial institutions.[2]

Post date: Monday, November 24, 2014

In the wake of the Great Recession,[1] many municipalities faced a widening gap between increased retiree benefit costs and decreased projected revenues.[2] Those cities also confronted “dwindling population[s] ...

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Fri, 04/15/2016

Public Securities and the Bankruptcy Plan Process: What Not to Do

Fri, 04/17/2015

Secured Credit Under the Code and Commission Report

Wed, 11/12/2014

The Asset Sales Committee hosted their most recent committee call on Wednesday, November 12. This call was titled "Bankruptcy Reform Commission’s Consideration of a Proposal to Surcharge Secured Lenders for 363 Asset Sales," and worked to more broadly inform and engage bankruptcy and restructuring professionals about the proposal being considered by the Bankruptcy Reform Commission to assess a charge on secured lenders for 363 asset sales in Chapter 11.

Tue, 09/23/2014

The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York), G.

Mr. Douglas M. Foley
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