Legislation Committee


Post date: Tuesday, January 11, 2022
Photo of Christian H. Dribusch
Christian H. Dribusch

There are situations where the bankruptcy court extends protections to nondebtor parties, either in the form of a release of claims or a stay of litigation, to facilitate the restructuring of a debtor.

Post date: Tuesday, January 11, 2022

ABI’s Legislation Committee had an active year in 2021. We tracked legislation and provided guidance for ABI members, published two newsletters, and hosted engaging panels at the Annual Spring Meeting and Winter Leadership Conference. We also have planned a webinar on the SBRA, and held a virtual happy hour at WLC for membership engagement.

Post date: Tuesday, January 11, 2022

As many practitioners already know, it can be enormously difficult for student loan borrowers to discharge their loans in bankruptcy. But through a combination of new case law, potential upcoming administrative action and a series of bankruptcy reform bills, it might be getting just a little bit easier for some student loan borrowers.

Post date: Tuesday, August 10, 2021

One of the most popular support programs developed through the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) Act was the Paycheck Protection Program (PPP). This program was administered by the U.S. Small Business Administration (SBA) through participating lenders throughout the U.S.

Post date: Tuesday, August 10, 2021

Chapter 12 was added to the Bankruptcy Code in 1986 in response to the farm crisis of the 1980s. Chapter 12 became a permanent part of the Code in 2005. For many reasons, farmers have continued to struggle in the intervening years, causing this chapter to be more relevant than ever. In 2016, farm real estate debt surpassed the 1981 peak.

Post date: Thursday, February 25, 2021

On Jan. 12, 2021, President Donald J. Trump signed the “Bankruptcy Administration Improvement Act of 2020” into law. The bipartisan legislation was introduced in the Senate by Sen. Lindsey Graham (R-S.C.) and cosponsored by Sens. Christopher A. Coons (D-Del.), Marco Rubio (R-Fla.), Benjamin L. Cardin (D-Md.), Marsha Blackburn (R-Tenn.) and Thomas R. Carper (D-Del.).

Post date: Thursday, February 25, 2021

H.R. 133, the Consolidated Appropriations Act of 2021, is a proposed $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic in the United States with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year. On Dec.

Post date: Monday, January 04, 2021

ABI’s Legislation Committee had a very active year in 2020. We tracked legislation and provided guidance for ABI members, presented a very well-attended webinar about chapter 12, published numerous newsletters, and hosted a well-regarded panel at the Winter Leadership Conference and a virtual happy hour for membership engagement. Information about our 2020 activities is outlined below.

Post date: Monday, August 17, 2020

The Senate GOP’s proposed coronavirus relief legislation package, commonly known as the HEALS Act, contains numerous provisions that will be of especial import to insolvency professionals. The HEALS Act is comprised of eight smaller bills targeting specific areas of concern.

Post date: Wednesday, April 08, 2020

On March 27, 2020, Congress passed the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act)[1] in order to “provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.”[2] The CARES Act


Mon, 2023-04-24

This panel will explore the various roles of neutrals in bankruptcy, including applicable provisions of the Bankruptcy Code and Rules, as well as the limitations on the use of neutrals in bankruptcy. Examples of neutral roles in bankruptcy include mediators, fee examiners, subchapter V trustees, and mass tort personal-injury plan administrators. Limitations on the use of neutrals in bankruptcy can be found in Bankruptcy Rule 9031, and there is growing support to modify the rule to eliminate this limitation.

Fri, 2022-12-09

Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made a number of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did the drafters miss? What amendments should the UVTA drafters consider?

Sat, 2022-04-30

The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time.

Fri, 2017-12-01

"Hosted by the International and Legislation Committees. In recent years, multiple jurisdictions have reformed or modernized their insolvency laws, either through incremental amendments or by entirely replacing the legislation. In this session, attendees will hear from practitioners from various jurisdictions about what motivated the decisions to amend their insolvency laws — and how the process unfolded in practice."

Fri, 2016-04-15

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

Fri, 2015-04-17

Secured Credit Under the Code and Commission Report

Wed, 2014-11-12

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. Ms. Kathryn A. Coleman of Hughes Hubbard & Reed LLP and Mr. Gregory A.

Tue, 2014-09-23

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).

Mr. Joseph Pack
Pack Law, P.A.
Miami, FL
(305) 916-8700

Mr. Donald L. Swanson
Koley Jessen
Omaha, NE
(402) 343-3726

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