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Advisory: Means Test, Pre-Petition Credit Counseling and More Chapter 7 Issues to Be Considered at Commission Meeting on September 15 at NABT’s Annual Convention

Issue:
The third meeting of the American Bankruptcy Institute’s (ABI) Commission on Consumer Bankruptcy will take place on September 15 at the National Association of Bankruptcy Trustees (NABT) 35th Annual Convention to hear recommendations from stakeholders regarding chapter 7 issues. 
 
When:
Friday, September 15, 12:30 – 2:00 p.m. CDT
 
Where:
National Association of Bankruptcy Trustees (NABT) 35th Annual Convention, Marriott New Orleans.         
Please contact John Hartgen at jhartgen@abiworld.org or 703-894-5935 to RSVP for the Commission hearing.
 
Background:
The Commission’s Committee on Chapter 7 will hold a public meeting during NABT’s 35th Annual Convention on September 15 from 12:30 – 2:00 PM in the Marriott New Orleans in New Orleans. NABT attendees will have the opportunity to submit written statements or make an oral statement at the meeting regarding the following chapter 7 topics:

1.     Pre-petition credit counseling and post-petition financial management course

2.     Chapter 7 trustees

a.     Compensation of chapter 7 trustees

b.     Hiring of trustee law firms

c.     Chapter 7 trustee specialization

3.     Dischargeability and discharge issues

a.     “Return” in section 523(a)’s unnumbered paragraph

b.     Remedies for discharge violations

4.     Means test

a.     Inconsistency between above- and below-median debtors

b.     Application to converted cases

c.     Arbitrary distinctions in application — different types of debtors; debts vs. lack of debt

5.     Property of the estate

a.     Debtors’ right of first refusal for proposed sale by trustee

b.     Unliquidated estate property

c.     Debtor disclosure of causes of action

6.     Surrender

a.     Creditor indifference toward return of collateral, refusal to accept surrendered collateral

b.     Debtor’s duty to cooperate?

c.     Relationship to automatic stay

7.     Redemption

a.     Time limit on redemption

b.     Oversight of redemption lenders

8.     Reaffirmation

a.     Leases & reaffirmation

b.     Lender notices & reaffirmation

Attendees that would like to request a time for a public statement or to submit a written statement, email the Commission at ConsumerCommission@abiworld.org.

The ABI Commission on Consumer Bankruptcy is charged with researching and recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure. These changes might include amendments to the Bankruptcy Code, changes to the Federal Rules of Bankruptcy Procedure, administrative rules or actions, recommendations on proper interpretations of existing law and other best practices that judges, trustees and lawyers can implement. For the full list of topics to be addressed by the Commission, please click here. To learn more about the Commission, be sure to visit https://consumercommission.abi.org.

 

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 12,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals providing a forum for the exchange of ideas and information. For additional information on ABI, www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.