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House Approves Small Business Reorganization Act of 2019 (H.R. 3311) and HAVEN Act (H.R. 2938)

Alexandria, Va. — The U.S. House of Representatives today passed the Small Business Reorganization Act of 2019 (H.R. 3311) and the HAVEN Act (H.R. 2938) by a voice vote. ABI testified in support of both bills.

Small businesses are a critical component of the U.S.’s overall economy, but find it extremely difficult to employ the tools of chapter 11 to successfully reorganize. The Small Business Reorganization Act of 2019 (SBRA), introduced by Reps. Ben Cline (R-Va.), David Cicilline (D-R.I.), Doug Collins (R-Ga.) and Steve Cohen (D-Tenn.), is inspired by the work of the National Bankruptcy Conference and ABI’s Commission to Study the Reform of Chapter 11.

“Chapter 11 doesn’t work for small and medium-sized businesses because the Bankruptcy Code (a) places unrealistic and artificial deadlines on [them], which do not give these companies an opportunity to restructure; (b) imposes substantial and costly disclosure and reporting requirements on these companies; (c) does not provide any tools that can help small businesses … create and implement an effective reorganization plan; and (d) makes it difficult for a small business owner to maintain an ownership interest in the business under the current Chapter 11,” ABI Commission Co-Chair Bob Keach (Bernstein Shur; Portland, Maine) testified before a House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law hearing on June 25, 2019.

The SBRA would add a new subchapter V to chapter 11 to address these problems, leading to more successful restructurings, reduced liquidations, saved jobs and increased recoveries to creditors. It adopts the current definition of a “small business debtor” as a person in commercial or business activity with an aggregate or noncontingent liquidated secured and unsecured debts as of its bankruptcy filing date of not more than $2,725,625.

A bipartisan companion bill is pending in the Senate.

The Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) (H.R. 2938) was introduced in the House by Reps. Lucy McBath (D-Ga.) and Greg Steube (R-Fla.) and would exclude VA and DoD disability payments from the monthly income calculation used for bankruptcy means testing. The bill was included in the National Defense Authorization Act, which passed on June 27. ABI Veterans Affairs Task Force Member Holly Petraeus, a former assistant director of the Consumer Financial Protection Bureau, testified in favor of the bill on behalf of the Task Force before the House Judiciary Committee.

A bipartisan companion bill is pending in the Senate.

Since its inception, ABI’s Veterans’ Affairs Task Force has focused much of its attention on the Bankruptcy Code’s inequitable treatment of veterans’ benefits in consumer bankruptcy cases. While the Code excludes benefits received by individuals under the Social Security Act from the definition of “current monthly income” and thus from an individual’s “disposable income,” the Code provides no comparable exclusions for benefits received through the U.S. Department of Veterans Affairs or otherwise on account of a veteran’s service. This disparate treatment of veterans’ benefits presents significant hardship to some veterans, as explained in a July 2019 article in the ABI Journal.

“The Small Business Reorganization Act is a breakthrough for Main Street businesses to finally have the restructuring tools now available only to large companies,” said ABI Executive Director Samuel Gerdano. “With proper planning and execution, financially troubled small businesses can emerge from bankruptcy within months following a court-approved plan of reorganization. ABI applauds the House action today.”

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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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.

ABI Journal Article Highlights Need for Congress to Fix Code’s Inclusion of Veterans’ Disability Benefits in Chapter 13 Bankruptcy

Alexandria, Va. — An article in the July ABI Journal highlights the need for Congress to remove the disparity of veterans’ disability compensation being included in the disposable-income calculation of chapter 13 bankruptcy, while Social Security disability income is exempted. “Congress intended for VA disability compensation to have broader protections and exemptions than SSDI,” writes Jonathan S. Glover of the Stetson University College of Law (Gulfport, Fla.) in his article “The Bankruptcy Code’s Disservice to Those Who Served.” “Unfortunately, this protection of VA disability compensation stops at the gates of chapter 13.”
 
Glover, a retired Army captain and student at Stetson University College of Law, won second place (sponsored by Wolcott Rivers Gates) in ABI’s 2019 Bankruptcy Law Student Writing Competition with his article. He serves as an Equal Justice Works Fellow, and Stetson University College of Law’s Veterans Law Institute is the host site for his fellowship, sponsored by Greenberg Traurig LLP and the Florida Bar Foundation.
 
Prior to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, both VA disability benefits and SSDI were exempted from disposable income in bankruptcy. After BAPCPA’s enactment, SSDI remained exempt from consideration in chapters 7 and 13, but VA disability benefits were included in the disposable-income calculation of chapter 13 while being exempted from the means test in chapter 7. “These funds are intended to remain out of creditors' reach,” Glover writes. “The problem with including VA disability compensation in a chapter 13 disposable-income calculation is that if the debtor has the case dismissed or converted to chapter 7, or never files for bankruptcy protection, the VA disability compensation cannot be attached or garnished by creditors. The inconsistency highlights the irrationality of requiring only chapter 13 debtors to include veterans benefits as income payable to creditors.”
 
In addition to calling for VA disability benefits to be exempted in chapter 13, Glover cautions that attorneys who decide to represent veterans should understand veterans’ benefits, because a disabled veteran might need more help besides bankruptcy. “Attorneys should take extra time to get a veteran's background and history so that no stone is left unturned,” Glover writes. “Proper representation for veterans will give them the best opportunity for success and might avoid bankruptcy altogether.”
 
“It is our duty as legal scholars, practitioners and professionals to continue the fight, take note of inequities and do whatever it takes to protect those who have protected us,” he concluded.
 
To obtain your copy of “The Bankruptcy Code’s Disservice to Those Who Served,” please click here.
 
Members of ABI’s Veterans’ Affairs Task Force have supported the "Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act) to exempt veterans’ disability from consideration of bankruptcy’s means test. The bill was included in both the Senate- and House-passed versions of the National Defense Authorization Act for 2020 (the NDAA). If not passed sooner as a standalone bill, the HAVEN Act should be part of the final version of the NDAA that will eventually become law. Once the Senate and House have reconciled differences in each of their respective versions of the NDAA, it will go to the White House for signature. Meanwhile, efforts to enact the HAVEN Act on a standalone basis continue by Task Force. The House Judiciary Committee “marked up” the HAVEN Act on July 11 and reported it to the full House without any proposed amendments to it.
 
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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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.

Commercial Chapter 11 Filings Increase 5 Percent in First Half over Last Year, Total Filings Nearly Unchanged

Alexandria, Va. Total commercial chapter 11 filings during the first six months of the year (Jan. 1-June 30) increased 5 percent to 2,854 from the 2,716 total filings during the same period in 2018. Total commercial filings also increased slightly to 19,531 during the first six months of 2019, a 2 percent increase from the 19,210 total commercial filings during the same period a year ago. Total bankruptcies were nearly unchanged with a 0.04 percent increase, as the 388,463 filings during the first half of 2019 were slightly more than the 388,324 filings during the first six months of 2018. The 368,932 total consumer filings for the first half of 2018 represented a 0.05 percent drop from the consumer filing total of 369,114 for the first half of 2018.

 

“Access to the financial fresh start of bankruptcy is crucial to struggling families and small businesses,” said ABI Executive Director Samuel J. Gerdano. “Elements of ABI’s Chapter 11 Reform Commission and Commission on Consumer Bankruptcy are being considered by Congress to modernize the Bankruptcy Code to remove barriers for financially distressed households and businesses.”

 

The House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law held a hearing on June 25 examining a number of bills and priority issues important to business and consumer bankruptcy practice. One bill considered was the “Small Business Reorganization Act” (S. 1091; H.R. 3311), which incorporates recommendations from ABI's Chapter 11 Commission to remove barriers to bankruptcy for financially struggling small and medium-sized businesses. Robert J. Keach of Bernstein Shur (Portland, Maine), a former ABI President and co-chair of the ABI Commission to Study the Reform of Chapter 11, testified on ABI's behalf.

 

The hearing also examined the “Family Farmer Relief Act of 2019” (H.R. 2336; S. 897), supported by ABI to raise the debt cap to $10 million for family farmers seeking chapter 12 protection, and the “Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act) (H.R. 2938; S. 679), to exclude VA and DoD disability payments from the monthly income calculation used for bankruptcy means testing. Holly Petraeus of ABI's Veterans Affairs Task Force testified on the legislation, which was incorporated into DoD appropriations legislation and has passed the Senate. 

 

The subcommittee also looked at the issue of student loan debt treatment in bankruptcy, which is the subject of the first set of reform recommendations in the Final Report of the ABI Commission on Consumer Bankruptcy. Commissioners Prof. Dalié Jiménez of the UC Irvine School of Law and Ed Boltz of the Law Offices of John T. Orcutt, P.C. (Durham, N.C.) testified on the issue. Click here to watch a replay of the hearing or to view the prepared witness statements.

 

Total commercial chapter 11 bankruptcies for the month of June 2019 were 425, representing a 38 percent increase from the 309 commercial chapter 11 filings in June 2018, according to data provided by Epiq Systems, Inc. Total commercial bankruptcies slipped to 3,052 filings in June 2019 from the 3,079 registered in June 2018. Total bankruptcy filings in June 2019 fell 4 percent to 61,048 from the 63,753 total filings in June 2018. Noncommercial bankruptcies for June 2019 also decreased 4 percent, to 57,996 from the 60,674 filings in June 2018. 

 

The average nationwide per capita bankruptcy filing rate for the first six calendar months of 2019 (Jan. 1-June 30) decreased slightly to 2.51 (total filings per 1,000 per population) from 2.53 for the first five months. The average total filings per day in June 2019 were 3,052, a 1 percent increase from the 3,036 total daily filings in June 2018. States with the highest per capita filing rate (total filings per 1,000 population) through the first six months of 2019 were:

 

1. Alabama (5.57)

2. Tennessee (5.36)

3. Georgia (4.29)

4. Mississippi (4.22)

5. Illinois (3.78)

 

ABI has partnered with Epiq Systems, Inc. in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media. Epiq Systems is a leading provider of managed technology for the global legal profession. 

 

For further information about the statistics or additional requests, please contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.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 nearly 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, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events. 

Epiq Systems is a leading provider of managed technology for the global legal profession. Epiq Systems offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq System’s clients include leading law firms, corporate legal departments, bankruptcy trustees, government agencies, mortgage processors, financial institutions, and other professional advisors who require innovative technology, responsive service and deep subject-matter expertise. For more information on Epiq Systems, Inc., please visit http://www.epiqsystems.com.

Record Number of Insolvency Industry Professionals Apply for ABI's "40 Under 40" Class

Alexandria, Va. ABI received a record number of applicants for consideration to be part of the prestigious “40 Under 40” Class for 2019, as more than 250 professionals submitted their applications by the June 30 deadline. The program is in its third year of recognizing the top 40 insolvency industry professionals under the age of 40. The 2019 Class will be announced in the fall and honored at a special ceremony during ABI's Winter Leadership Conference, which will be held December 5-7 in Rancho Palos Verdes, Calif., at the Terranea Resort.

ABI’s “40 Under 40” winners are distinguished by their professional achievements and service. The 2019 Class will be selected by a group of experienced professionals from ABI’s current leadership. Nominations were submitted via the program’s website, through which professionals nominated themselves or a colleague. Those selected will be chosen from both large and small firms from every region of the country and represent diverse practice areas, including law, finance, accounting, consulting, academia and government. Membership in ABI is not required for applicants to be considered.

“We are very gratified by the continued growth of the ‘40 Under 40’ initiative, now in its third year,” said ABI Executive Director Samuel J. Gerdano. “We thank those who've nominated or submitted applications, and salute those who will now undertake the challenge to identify those 40 we will honor at the Winter Leadership Conference.”

As this year’s application total surpassed last year’s submission total of 200, ABI added two more judges from the fields of law and finance to the “40 Under 40” Steering Committee to properly consider the new applicants. Doug Lutz of Frost Brown Todd LLC (Cincinnati), ABI’s VP-Education and a past judge in the “40 Under 40” competition, and Melissa Kibler of Mackinac Partners (Chicago), a former ABI President, have joined a stellar group of 10 experienced professionals from ABI's leadership on the Steering Committee. The Committee is chaired by Jennifer Meyerowitz of Summit Investment Management LLC (Atlanta) and includes John R. Bollinger of the Boleman Law Firm, PC (Hampton, Va.), Hon. Daniel P. Collins (D. Ariz., Phoenix), Paul H. Deutch of Omni Management Group, Inc. (New York), James R. Irving of Bingham Greenebaum Doll LLP (Louisville), Eric L. Johnson of Spencer Fane LLP (Kansas City, Mo.), Ericka F. Johnson of Womble Bond Dickinson (US) LLP (Wilmington, Del.), Kristina M. Johnson of Jones Walker LLP (Jackson, Miss.), Kimberly A. Posin of Latham & Watkins LLP (Los Angeles) and Adrienne K. Walker of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC (Boston).

The first two classes of awardees are already highly engaged in ABI and are actively advancing the bankruptcy profession — serving as ABI education program chairs, committee leaders, task force members, conference speakers and authors. Two previous winners, Paul Hage of Jaffe Raitt Heuer & Weiss, P.C. (Southfield, Mich.) and Eric Walker of Perkins Coie LLP (Chicago), were named to ABI’s Board of Directors in April.

Click here to view the members of the “40 Under 40” 2018 Class. To view the members of the inaugural “40 Under 40” Class of 2017, please click here.

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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 nearly 11,000 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, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

ABI Executive Director Sam Gerdano to Retire

Alexandria, Va. — The Executive Committee of the American Bankruptcy Institute’s (ABI) Board of Directors announces that ABI Executive Director Samuel J. Gerdano will be retiring. “For nearly three decades, Gerdano has tirelessly championed the advancement of the insolvency industry through dedication to ongoing research and study, engagement with all industry stakeholders, and the introduction of ABI’s valuable work to third parties, including the courts and government,” according to the ABI Executive Committee announcement. While currently under contract through 2020, Gerdano will continue as ABI’s Executive Director until a successor is named and a transition is effectuated.

“I want to express my deep appreciation for the honor to work with and benefit from so many extraordinary volunteers over the years, along with our talented professional staff” Gerdano said. “ABI has allowed me to engage with the most impressive thought leaders from the insolvency community and I’m grateful for the chance to support our collective goals and priorities.”

Gerdano has served as ABI Executive Director since May 1991. From 1985 to 1991, he served as the Chief Legal Counsel to Sen. Charles E. Grassley (R-Iowa) and Staff Director for the Subcommittee on Courts and Administrative Practice of the Senate Judiciary Committee. Through this experience, he has been involved in all major bankruptcy policy changes since 1985. Click here for Gerdano’s full bio.

“ABI has benefitted tremendously from the experience and dedication that Sam brought to his role as Executive Director over the years,” said ABI President Alane A. Becket of Becket and Lee (Malvern, Pa.). “He has steered the ABI through many changes in the law and industry and it would not be the premier insolvency organization that it is today without his stewardship. We will miss Sam’s quiet, strong presence and leadership.”

ABI’s Executive Committee has formed a Search Committee and is working with Sterling Martin Associates to assist in conducting the search.

“ABI has demonstrated great innovation and growth over the last 28 years,” Gerdano said. “I’m very optimistic about ABI’s continued ability to serve our members effectively and provide real value for the next generation.”

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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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.

Financial Demise of OPEC Due to Decreasing Oil Prices Could Lead to Significant Impact on World Economy, According to June ABI Journal Article

Alexandria, Va. — Decreasing oil prices and diminishing reliance on oil have created a financial crisis for most Organization of the Petroleum Exporting Countries (OPEC) members, and that struggle could adversely affect the world economy, according to an article in the June ABI Journal. “All but two OPEC member nations are on a collision course with financial ruin,” writes J. Michael Issa of GlassRatner Advisory & Capital Group LLC (Irvine, Calif.) in his article “OPECalypse Now and the World Economy.” “The total sovereign debt of OPEC is approaching the level of subprime mortgage debt that rocked the world on its economic axis in 2008.”

Since 2014, the price of crude oil has suffered a major drop of approximately 60 percent from its peak of $111.80 and currently hovers around $60, according to Issa. “Budget deficits as a percentage of GDP are generally double-digit, levels that are clearly unsustainable,” he writes. “Cash and investment reserves are being depleted, and sovereign debt is being incurred to delay the day of reckoning.”

Though OPEC accounts for 44 percent of the oil production of the world, Issa cited a number of reasons for their financial struggles, including:

  • U.S. has doubled its production of crude over the past decade by exploiting the development of shale oil.
  • Slowing economic growth in developing countries limits the demand for oil
  • The world is approaching a point of peak demand, after which demand for crude will begin to decline into the foreseeable future.
  • Major efforts by governments around the world to promote electric or hybrid vehicles has also limited the demand growth for oil.  

With OPEC member economies tied so tightly to the oil industry, Issa writes that certain countries are starting to take steps to implement stricter fiscal policies in an attempt to balance their budgets with lower oil revenues. “This poses other problems such as social unrest and the difficulty of achieving economic growth in non-oil sectors” he writes.

Despite the challenges associated with moving away from fiscal policies and industries that are reliant on the oil industry, Issa writes that OPEC members must implement changes immediately.

“A time bomb of considerable proportion is ticking with no foreseeable solution in sight,” Issa writes. “The impact of this problem has every likelihood of causing considerable impact to the world’s economy and developed nations.”

To obtain a copy of “OPECalypse Now and the World Economy,” please click here.

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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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.

 

Total May Bankruptcy Filings Increase 2 Percent over Last Year, Commercial Chapter 11s Increase 7 Percent

Alexandria, Va. Total U.S. bankruptcy filings increased 2 percent in May 2019 over May of last year, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 68,796 in May 2019, up from the May 2018 total of 67,346. The 65,313 consumer bankruptcy filings in May 2019 were also up 2 percent over the May 2018 consumer total of 63,966. Total commercial filings increased 3 percent in May 2019, as the 3,483 filings were up from the 3,380 commercial filings registered in May 2018. Total commercial chapter 11 filings increased 7 percent to 478 in May 2019 from the May 2018 total of 448.

“High filing costs place additional debt burdens on struggling families and businesses seeking the financial fresh start of bankruptcy,” said ABI Executive Director Samuel J. Gerdano. “ABI’s Chapter 11 Reform Commission and Commission on Consumer Bankruptcy provide recommendations to modernize the Bankruptcy Code to remove barriers for financially distressed households and businesses looking to access bankruptcy.”

Recommendations from ABI's Commission to Study the Reform of Chapter 11 for restructuring small and medium-sized enterprises (SMEs) are included in the “Small Business Reorganization Act of 2019.” The Senate is considering the legislation (S. 1091), and a forthcoming House version could be considered by the House Judiciary Committee next week. ABI’s Commission on Consumer Bankruptcy issued its Final Report of recommendations in April to improve access to the consumer bankruptcy system. Click here to get your copy.

Meanwhile, increasing financial distress and bankruptcies in the farm belt could benefit from pending legislation (S. 897, H.R. 2336) that would raise debt limits in chapter 12.

May’s commercial chapter 11 filing total represented an 8 percent increase from the April 2019 commercial chapter 11 filing total of 442. Total commercial filings in May increased slightly from the 3,468 filings in April 2019. Conversely, total bankruptcy filings for the month of May decreased 4 percent when compared to the 71,278 total filings recorded the previous month. Total noncommercial filings for May also represented a 4 percent decrease from the April 2019 noncommercial filing total of 67,810.

The average nationwide per capita bankruptcy filing rate in May was 2.53 (total filings per 1,000 per population), a slight increase from the 2.50 filing rate during the first four months of the year. Average total filings per day in May 2019 were 3,127, a 2 percent increase from the 3,061 total daily filings in May 2018. States with the highest per capita filing rates (total filings per 1,000 population) in May 2019 were:

 

1. Alabama (5.65)

2. Tennessee (5.38)

3. Mississippi (4.34)

4. Georgia (4.31)

5. Illinois (3.85)

ABI has partnered with Epiq Systems, Inc. in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media. Epiq Systems is a leading provider of managed technology for the global legal profession. To view the full monthly statistical tables provided by Epiq Systems, be sure to visit ABI’s Newsroom.

For further information about the statistics or additional requests, please contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.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 nearly 11,000 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, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Epiq Systems is a leading provider of managed technology for the global legal profession. Epiq Systems offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq System’s clients include leading law firms, corporate legal departments, bankruptcy trustees, government agencies, mortgage processors, financial institutions, and other professional advisors who require innovative technology, responsive service and deep subject-matter expertise. For more information on Epiq Systems, Inc., please visit http://www.epiqsystems.com.

 

Health Care Bankruptcies, Restructuring Trends and Banking and Bankruptcy Among the Topics to Be Examined at ABI's 2019 Mid-Atlantic Bankruptcy Workshop

Alexandria, Va. —Bankruptcy judges and leading practitioners from the Third and Fourth U.S. Judicial Circuits will head the faculty for ABI’s 2019 Mid-Atlantic Bankruptcy Workshop, being held Aug. 1-3 at The Hotel Hershey in Hershey, Pa. More than 200 attendees are expected to take part in the event, which brings together the region’s top insolvency professionals for three days of current developments and networking, with the opportunity to earn 10.25/12 hours of CLE/ CPE credit, including 1.25/1.5 hours of ethics credit. ABI Editor-at-Large Bill Rochelle will provide a keynote sharing his unique analysis of recent case trends.

Program co-chairs for the Mid-Atlantic Bankruptcy Workshop are Shanti M. Katona of Polsinelli (Wilmington, Del.), Teresa C. Kohl of SSG Capital Advisors, LLC (West Conshohocken, Pa.) and Lisa B. Tancredi of Gebhardt & Smith LLP (Baltimore). The judicial co-chairs for the workshop are Bankruptcy Judges Stacey L. Meisel (D. N.J.; Newark) and Laurie S. Silverstein (D. Del.; Wilmington).

Topics to be discussed at the Mid-Atlantic Bankruptcy Workshop include:

  • "40 Under 40" Panel
  • Bankruptcy Trends: Sales and Restructuring
  • Bankruptcy Trends: Contracts and Plans
  • Consumer Bankruptcy Trends
  • Bankruptcy Litigation
  • Industry Trends: What Are We Working on Now/Next?
  • Health Care Score Card
  • Banking and Bankruptcy
  • Fee-Application/Compensation Issues
  • Bankruptcy Trends: Sales and Restructuring
  • Bankruptcy Trends: Contracts and Plans
  • What’s Your Role? Adult in the Room
  • Q&A Reception with Judge Kevin Carey
  • Ethics Session
  • Technology Session

For more information about ABI’s 2019 Mid-Atlantic Bankruptcy Workshop, call ABI at (703) 739-0800 or visit https://www.abi.org/events/15th-annual-mid-atlantic-bankruptcy-workshop.     

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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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Chapter 11 Financing, Agricultural Bankruptcies, Consumer Commission Recommendations and More to Be Discussed at ABI’s 2019 Southeast Bankruptcy Workshop

Alexandria, Va. — Eight bankruptcy judges and more than 300 attendees will gather to discuss the latest bankruptcy topics at ABI’s 2019 Southeast Bankruptcy Workshop on July 18-21 at The Ritz-Carlton Amelia Island, in Amelia Island, Fla. The workshop brings together the region’s top insolvency professionals for four days of intense learning and networking. A faculty of outstanding judges, academics and practitioners will present workshops on the hottest topics of the day, including separate tracks for business, consumer and skill-focused sessions. Attendees will also have the opportunity to earn 12/14 hours of CLE/CPE credit, including 1.5 hours of ethics.

Program co-chairs for the Southeast Bankruptcy Workshop are David K. Bowsher of Adams and Reese LLP (Birmingham, Ala.) and Jennifer M. McLemore of Williams Mullen (Richmond, Va.). The judicial chair for the workshop is Bankruptcy Judge Benjamin A. Kahn (M.D.N.C.; Greensboro).

General sessions at the Southeast Bankruptcy Workshop include:

  • Protect Your Privates: Cybersecurity, Data Breaches and Other Privacy-Related Ethical Considerations During Bankruptcy
  • Judicial Merry-Go-Round

Business track sessions include:

  • Agricultural Bankruptcies
  • Pre-Petition Pitfalls: How to Plan, Questions to Ask & Things to Avoid
  • Retention Issues
  • Chapter 11 Financing: Roll-Ups, Roll-Overs and Creeping Roll-Overs
  • Bankruptcy & Class Action Convergence
  • Business Case Law Update

Consumer track sessions include:

  • All Things Motor Vehicles in Bankruptcy
  • Taking Your Individual Chapter 11 Through Plan Confirmation
  • Consumer Commission: Final Report & Discussion
  • Consumer Law Developments
  • Debtor Toolbox: How to Effectively Address Mortgage-Servicing Issues

Skills track sessions include:

  • Mediation Strategies in Chapter 11
  • Evidentiary Focus on Deposition, Cross-Examination & Testimony Prep
  • Experts: Who, What, When & Where

For more information about the program, please visit https://www.abi.org/events/2019-southeast-bankruptcy-workshop. Members of the press that would like to attend ABI’s 2019 Southeast Bankruptcy Workshop should contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

ABI Launches Veterans Affairs Task Force Website to Provide News and Information on Initiatives to Help Financially Struggling Servicemembers

Alexandria, Va. — The ABI Task Force on Veterans and Servicemembers Affairs launched veterans.abi.org to provide updates and information on initiatives and activities to assist debt-burdened veterans and servicemembers. The Task Force aims to unite and deploy the expert resources within ABI to understand, respond to and coordinate with other institutions and organizations to educate, remediate and prevent adverse debt concerns and impacts on veterans and servicemembers. The new website provides information about Task Force members, as well as projects and activities to assist financially struggling veterans and servicemembers. Specific sections include:

  • Committees: Learn about the five committees — Pro Bono, Legislation, Financial Education, Outreach and Tribal — that support the Task Force’s efforts.
  • Twitter Feed: Follow @VetAffairsTF to get the latest Task Force news and information via Twitter.
  • Members: Learn more about the professionals, including its members who are veterans and those who are active or retired servicemembers, volunteering to help financially struggling servicemembers.
  • Podcasts: Listen to the podcasts on the formation of the Task Force, how to get involved, and why the Task Force is providing Congress with information regarding the HAVEN Act of 2019.
  • Press: Read articles and news reports about Task Force activities.

Be sure to bookmark the website for ABI’s Task Force on Veterans and Servicemembers Affairs to get the latest news, information and activities of the Task Force as it advances its mission of addressing problems specific to financially struggling veterans and servicemembers.  You can also follow as the Task Force adds resources to assist veterans and servicemembers facing financial difficulties.

Members of the press looking to speak to a member of the Task Force regarding the Task Force’s efforts should contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.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 nearly 11,000 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, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

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