Press Releases

Delaware Bankruptcy Judges to Share Perspectives on a Wide Range of Issues at ABI's Delaware "Views from the Bench" Program on Nov. 17

Alexandria, Va. — The American Bankruptcy Institute (ABI) and the Delaware State Bar Association are partnering once again to present the Delaware Views from the Bench program on Nov. 17. Featuring the insights of leading bankruptcy practitioners and perspectives from the Delaware bankruptcy and federal appellate bench, the program will take place at the historic Hotel du Pont in downtown Wilmington. The program features six sessions with presentations that will engage both new lawyers and experienced practitioners. The program will kick off with an "Ask the Judges" session, during which ABI President and Retired Bankruptcy Judge Kevin J. Carey of Hogan Lovells US LLP (Philadelphia) will be moderating a full panel of distinguished members of the Delaware Bankruptcy Court bench, who will be providing their “behind the bench” insights to previously submitted questions. The luncheon keynote will feature a fireside chat between Daniel Kamensky of the Creditor Rights Coalition (Roslyn, N.Y.) and Judge Craig T. Goldblatt (Wilmington, Del.), who will touch on the fiduciary duties of creditors and other related topics.

Other sessions include:

  • Successful Navigation of a Virtual Hearing
  • The Intersection of the Bankruptcy and Chancery Courts
  • Current Issues in Subchapter V Cases
  • Valuing the Difficult Asset

To view the full schedule and list of speakers for the program, please click here.

Attendees will be able to earn up to 6.75/8 hours of CLE/CPE, including 3 hours of ethics. For more information about attending ABI’s “Delaware Views from the Bench” program, please click here. If you are a member of the press and you would like to attend the conference, please contact John Hartgen at 703-894-5935 or [email protected].

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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 10,000 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.

Student Loans, Mortgage Mediation and More to Be Discussed at ABI's 2022 Virtual Consumer Practice Extravaganza November 10-18

Alexandria, Va. — Leading practitioners will be examining key issues across the consumer bankruptcy landscape at ABI’s 2022 Consumer Practice Extravaganza (CPEX), being held November 10-18 via a state-of-the-art virtual platform. Five broad session tracks will ensure that there is something for every level of consumer practitioner, providing deep dives into student loans, technology and the future, subchapter V of chapter 11, well-being and nontraditional practice. Available at a registration price of only $100, attendees can select sessions from any track, and all sessions will conveniently remain available to attendees for 30 days after the conclusion of the conference. CPEX will also feature a range of special “demo days,” showcasing technology and money-saving tools especially designed for consumer practitioners, as well as plenaries focused on issues relevant to the entire consumer bench and bar.

Sessions at CPEX include:

  • If I Were King
  • Considerations for Winding Up a Business: A Conversation with Your Client
  • Overview of Subchapter V
  • Rules 2002 and 7004: Save Your Clients Money on Service
  • Working with State and Federal Taxing Authorities
  • Using Yoga and Mindfulness to Assist Your Legal Practice
  • Intersection of Ethics and Technology
  • Monetizing Soft Assets: Lessons for Trustees and Bankruptcy Lawyers
  • Post-COVID-19 Mortgage Issues
  • The Basics of Student Loans: Acronyms, Payment Plans, Forgiveness Plans and Administrative Discharges
  • The Roles and Powers of Trustees
  • Networking: Meet Your Judge
  • FDCPA, RESPA and More
  • The Basics of Chapter 13s and Student Loans
  • The New Normal: Virtual/Hybrid Practice
  • When Do You Need to Retain a Professional?
  • Exiting the Practice: Planned and Unexpected
  • Great Debates: Student Loans
  • Contingency Planning, Risk-Reduction and Other Security Considerations
  • Limiting Noticing Under Rule 2002(h)
  • Subchapter V Lightning Rounds and Rods
  • The Biden Administration’s Loan Forgiveness Program, the Fresh Start, IDR Recounts and Incorporating Student Loan Changes into Chapter 13 Plans
  • How Fulton May Change Practice
  • Judicial Roundtables
  • A Breakdown of § 523(a)(8) and Case Law Updates
  • Ditching the Leatherman Tool and Becoming a HUB
  • International Asset-Protection Trusts: Fish or Fowl?
  • Domestic Asset-Protection Trusts: The Basics for Bankruptcy Professionals
  • Imposter Syndrome
  • Bankruptcy for the Deceased: Procedural Nubbins
  • How to Bring a § 523(a)(8) Claim
  • Non-Linear Law Career Paths
  • Tech Tools for Every Practitioner
  • The New Normal, Change and the Flow of Water
  • The Future of Digital Signatures

Networking is also a key ingredient of CPEX, and attendees will have numerous opportunities to connect. The virtual portal will allow speakers and attendees to video or text chat spontaneously after sessions, or allow them to plan a date and time to meet.

Members of the press looking to attend ABI’s Consumer Practice Extravaganza should contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or [email protected].

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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 10,000 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.abiworld.org/conferences.html.

Bankruptcy Judge Michael G. Williamson Receives Prestigious Judge William L. Norton, Jr. Judicial Excellence Award

Alexandria, Va. — The American Bankruptcy Institute (ABI) presented Bankruptcy Judge Michael G. Williamson (M.D. Fla.; Tampa) with the Judge William L. Norton, Jr. Judicial Excellence Award at the ABI luncheon during the 96th National Conference of Bankruptcy Judges annual meeting in Orlando on Oct. 21. The Norton Award honors a retired or current bankruptcy judge who has been an outstanding educator, writer and scholar. The award is presented by ABI and Thomson Reuters in memory of the late William L. Norton, Jr. Past award-winners include Randolph J. Haines, Mary F. Walrath, Eugene R. Wedoff (a past ABI President), A. Jay Cristol, Barbara J. Houser (a past ABI President), Barry Russell, William H. Brown, Robert D. Martin and Harlin D. Hale.

An ABI member since 1999, Judge Williamson’s dedication to service is demonstrated by his contributions to legal education, his written opinions and scholarship, his commitment to the improvement of the bankruptcy courts, his international insolvency work, and his judicial and bar association involvement. He has authored over 207 reported decisions since taking the bench in 2000, including In re Tropical Sportswear International Corp., 320 B.R. 15 (Bankr. M.D. Fla. 2005), which has been cited in seven judicial decisions, 64 publications and 442 trial court documents. Judge Williamson is a prolific speaker and writer, including serving as co-author of Bankruptcy Law Manual since 2014.

Judge Williamson also demonstrates dedication to international insolvency work, including drafting and overseeing the enactment of a new insolvency law in Afghanistan, and research and educational work in Azerbaijan, Macedonia, Rwanda, Uganda, Zimbabwe, Bosnia-Herzegovina, the Republic of Georgia, Bahrain and Ukraine.

Judge Williamson has been active in many professional organizations, including serving as chair of the Committee on Creditors’ Rights of the Section of Litigation of the American Bar Association and chair of the Orange County (Orlando) Bar Association’s Bankruptcy Law Committee and its Corporate and Business Law Committee; president of the Central Florida Bankruptcy Law Association; chair of The Florida Bar Business Law Section’s Special Committee on Post-Judgment Collection Remedies; and as a member of the Executive Council of The Florida Bar’s Business Law Section. He is also a Fellow of the American College of Bankruptcy (Class IV), and he has been a member of the International Insolvency Institute since 2006 and the American Law Institute since 2007.

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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 10,000 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 www.abi.org/events.

October Individual Chapter 13 Bankruptcies Increase 27 Percent Over Last Year

Total Bankruptcy Filings Up Four Percent

Alexandria, Va. Consumer chapter 13 filings increased 27 percent to 13,627 in October 2022 from the 10,767 filings in October 2021, according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data. Total bankruptcy filings in the United States increased 4 percent to 32,695 in October over the 31,493 total filings in October 2021.

Overall individual filings increased four percent in October 2022, as the 30,809 filings were up over the 29,695 individual filings registered in October 2021. The 1,886 total commercial filings in October 2022 represented a five percent increase from 1,798 commercial filings in October 2021. Commercial chapter 11s increased two percent in October 2022, to 304 filings from 297 filings the previous year. Small business filings, captured as subchapter V elections within chapter 11, increased 28 percent to 131 in October 2022 from 102 in October 2021.

“With inflation increasing the costs of goods and services, and with interest rates rising, families and businesses have been presented with tough financial decisions,” said ABI Executive Director Amy Quackenboss. “Though filing rates are still below their pre-pandemic totals, struggling households and businesses are still turning to bankruptcy for relief from mounting economic challenges.”

All filing chapters in October 2022 registered a decrease compared to September’s figures. October’s total bankruptcy filings represented a two percent decrease when compared to the 33,194 total filings recorded the previous month. Total individual filings for October represented a one percent decrease from September individual filing total of 31,179. Individual chapter 13 filings also registered a one percent decrease from September’s individual chapter 13 total of 13,814. The commercial filing total represented a seven percent decrease from the September commercial filing total of 2,015. Commercial chapter 11 filings decreased 32 percent from the 445 filings the previous month, while subchapter V elections within chapter 11 decreased 16 percent from the 156 filed in September.

“While comparing month-over-month or year-over-year filings is one way to determine what's trending in the bankruptcy market, the delta between new filings and closed cases is another valuable capacity metric,” said Gregg Morin, Vice President of Business Development and Revenue at Epiq Bankruptcy.

Not since 2010 have there been more new filings in a year than cases that were closed and it’s trending that way again in 2022, as there have been 61,857 more cases closed than were opened through October 2022 compared to the same period in 2021. For the past four months, the difference has steadily decreased, from 7,627 in July, to 6,516 in August, 5,291 in September, and 3,252 in October.

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its new Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more at https://bankruptcy.epiqglobal.com/analytics.

For further information about the statistics or additional requests, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or [email protected].

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About Epiq

Epiq, a global technology-enabled services leader to the legal industry and corporations, takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action, and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at www.epiqglobal.com.

About Epiq Bankruptcy

Epiq Bankruptcy is a division of Epiq, a global technology-enabled services leader to the legal services industry and corporations that takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at https://www.epiqglobal.com.  

About ABI

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 10,000 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 Announces 2022 "40 Under 40" Emerging Leaders in Insolvency Practice

Alexandria, Va. — ABI announces the honorees of its 2022 “40 Under 40” initiative, which identifies 40 top industry professionals under age 40. The honorees will be recognized at a special ceremony to be held on Dec. 9 at ABI’s 2022 Winter Leadership Conference at the La Quinta Resort & Club in La Quinta, Calif. ABI’s 2022 class of “40 Under 40” honorees are:

  • Morris Alhale of AlixPartners (New York)
  • Timothy Anzenberger of Adams and Reese LLP (Jackson, Miss.)
  • Justin Bernbrock of Sheppard, Mullin, Richter & Hampton LLP (Chicago)
  • Amber Carson of Gray Reed & McGraw LLP (Dallas)
  • Kara Casteel of ASK LLP (St. Paul, Minn.)
  • Russell Chaplain of the U.S. Bankruptcy Court for the Western District of Virginia (Roanoke, Va.)
  • Erin Diers of Hughes Hubbard & Reed LLP (New York)
  • Rebecca Earl of the U.S. Bankruptcy Court for the District of New Jersey (Trenton, N.J.)
  • Gianfranco Finizio of Kilpatrick Townsend & Stockton LLP (New York)
  • Warren Ford III of the Goosmann Law Firm (Omaha, Neb.)
  • Nicole Fulfree of Lowenstein Sandler LLP (Roseland, N.J.)
  • Thomas Fullerton of Akerman LLP (Chicago)
  • Mawerdi Hamid of the Minnesota Attorney General's Office (Minneapolis)
  • Nicole Helmstetter of Buchanan Ingersoll & Rooney PC (Miami)
  • Jonathan Henrich of Ernst & Young LLP (New York)
  • David Herman of Dechert LLP (New York)
  • Evan Hill of Skadden, Arps, Slate, Meagher & Flom LLP (New York)
  • Brad Kahn of Akin Gump Strauss Hauer & Feld LLP (New York)
  • Nick Kaluk of Debevoise & Plimpton LLP (New York)
  • Jason Kathman of Spencer Fane LLP (Plano, Texas)
  • Lucy Kweskin of Mayer Brown (New York)
  • Roger Maldonado of Faegre Drinker Biddle & Reath LLP (Minneapolis)
  • Danielle Mashburn-Myrick of Phelps Dunbar LLP (Mobile, Ala.)
  • Kelli Norfleet of Haynes and Boone, LLP (Houston)
  • Benjamin Olushola of Gordon Brothers International, LLC (London)
  • Ryan Omohundro of Alvarez & Marsal (Houston)
  • Morgan Patterson of Womble Bond Dickinson LLP (Wilmington, Del.)
  • Gregory Pesce of White & Case LLP (Chicago)
  • Sarah Primrose of King & Spalding LLP (Atlanta)
  • Steven Serajeddini of Kirkland & Ellis LLP (New York)
  • Adam Shpeen of Davis Polk & Wardwell LLP (New York)
  • Prof. Lindsey Simon of the University of Georgia School of Law (Athens, Ga.)
  • Brendon Singh of Tran Singh LLP (Houston)
  • Chad Van Horn of Van Horn Law Group, P.A. (Ft. Lauderdale, Fla.)
  • Emily Wall of Cavazos Hendricks Poirot, PC (Dallas)
  • Fabio Weinberg of Sullivan & Cromwell LLP (New York)
  • Genevieve Weiner of Sidley Austin LLP (Los Angeles)
  • Erin West of Godfrey & Kahn, S.C. (Madison, Wis.)
  • Jamila Justine Willis of DLA Piper (New York)
  • Christopher K.S. Wong of ArentFox Schiff LLP (Los Angeles)

“The 2022 honorees continually display the acumen, energy and passion in both their careers and communities to demonstrate that they are the future leaders of the insolvency profession,” said ABI Executive Director Amy Quackenboss. “This year’s class, like those in years past, brings together a widely diverse collection of young leaders who we fully expect will propel ABI and the insolvency community forward.”

Nominations were submitted earlier this year by the candidates themselves or by colleagues via the initiative’s website, http://abi40under40.org. More than 200 candidates, each with outstanding records of professional achievement and community leadership, were evaluated by members of a 20-person steering committee. The majority of the applicants were partners, directors or managing directors at their firms.

This year’s Steering Committee, chaired by Paul Deutch of Omni Agent Solutions (New York), included Veronica Brown-Moseley of the Boleman Law Firm, PC, (Richmond, Va.), Prof. Anthony Casey of the University of Chicago Law School (Chicago), Rosa Evergreen of Arnold & Porter Kaye Scholer LLP (Washington, D.C.), Jeffrey Fraser of Albertelli Law (Lake Worth, Fla.), Scott Gautier of Faegre Drinker Biddle & Reath LLP (Los Angeles), Allen Kadish of Archer (New York), Peter Keane of Pachulski Stang Ziehl & Jones LLP (Wilmington, Del.), Demetra Liggins of McGuireWoods LLP (Houston), Cynthia Nelson of FTI Consulting, Inc. (Los Angeles), Charissa Potts of Freedom Law, PC (East Pointe, Mich.), Dr. Ivan Romo Valdovinos of SOELI Consulting (Mexico City), Melissa Root of Jenner & Block LLP (Chicago), Tara Schellhorn of Riker, Danzig, Scherer, Hyland & Perretti LLP (Morristown, N.J.), Bankruptcy Judge Joshua Searcy (E.D. Tex.; Tyler), Glenn Siegel of Morgan, Lewis & Bockius LLP (New York), Bankruptcy Judge Sage Sigler (N.D. Ga.; Atlanta) Kristina Stanger of Nyemaster Goode, P.C. (Des Moines, Iowa), Dylan Trache of Nelson Mullins Riley & Scarborough, LLP (Washington, D.C.) and Nicholas Zluticky of Stinson LLP (Kansas City, Mo.). Many of the members of this year’s Steering Committee are themselves past ABI “40 under 40” honorees.

Now in its sixth year, the goal of ABI’s “40 under 40” initiative is not simply to create a one-time ceremony, but to fully engage those selected as future leaders in the insolvency profession and to build on the initiative each year. ABI staff have created a year-round promotional campaign in the ABI Journal and at all of its CLE programs in consultation with the Steering Committee.

For more information about ABI’s “40 under 40” initiative, visit http://abi40under40.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 10,000 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.

Rural Hospital Challenges, Rising Distress in Senior Living, Future of Health Care and Other Key Issues to Be Discussed at ABI's Health Care Program October 27-28 in Nashville

Alexandria, Va. — The 2022 ABI Health Care Program returns to Nashville, Tenn., for a third time for a one-of-a-kind program focused on the future of health care and the latest on restructurings in this critical industry. Sessions will feature experts providing their perspectives on key issues, including challenges faced by rural hospitals, workforce shortages, rising distress in senior living facilities, the future of health care and more. Programming will also include "A Fireside Chat on the Future of Health Care Investing and Innovation," featuring Derek Dedeker from Frist Cressey Ventures (Austin, Texas) and Lauren Brueggen of Heritage Group (Nashville, Tenn.) and moderated by Caroline Young of Frist Cressey Ventures (Nashville, Tenn.), and Dr. Herman Williams of HW Healthcare Solutions (Nashville, Tenn.) will deliver a luncheon keynote. Chairs for the program are Suzanne A. Koenig of SAK Management Services LLC (Riverwoods, Ill.) and Nancy A. Peterman of Greenberg Traurig, LLP (Chicago).

Sessions for the Health Care Program include:

  • Economic Overview of the Health Care Industry: What Are the Experts Seeing in Health Care Today, and How Has This Changed Since 2021?
  • Hospitals: Medicare Reimbursement Cuts (July 2022), Rural Challenges and Beyond
  • Workforce, Workforce, Workforce
  • Rising Distress in Senior Living: Census Is Down, CARES Act Funding Is Depleted
  • The Future of Health Care, the Next Pandemic and Beyond: What's Next for the Industry?

For more information on ABI’s 2022 Health Care Program, please click here. Members of the media looking to attend the program should contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or [email protected]. 

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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 10,000 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.abiworld.org/conferences.html.

Year-over-Year U.S. Bankruptcy Filings Increase for Second Consecutive Month in September 2022

Alexandria, Va. Year-over-year U.S. bankruptcy filings increased seven percent across all chapters for the second consecutive month in September, according to data released today from Epiq's Bankruptcy Analytics platform.

There were 33,184 total filings registered in September 2022, up seven percent from last September’s total of 30,922. Commercial chapter 11 filings also rose, with 437 in September, a 76 percent increase compared to 249 filings in September 2021.

There were 1,994 commercial filings in September 2022, an increase of 16 percent compared to 1,721 in September 2021. The 31,190 individual filings in September also represented a seven percent increase from the September 2021 total of 29,201. Subchapter V small business filings registered the largest percentage increase with 150 filings in September 2022, a 79 percent increase over the 84 filings in September 2021.

“While year-over-year comparisons indicate bankruptcies are trending upward, all chapter year-to-date new filings are nine percent lower than they were at the end of the third quarter last year,” said Gregg Morin, vice president, business development and revenue at Epiq Bankruptcy. “While we anticipate economic pressures will continue to push filing trends higher overall, we’re still seeing mixed results month-over-month by individual chapters and debtor types.

Although September saw significant year-over-year increases, 2022 year-to-date filings continue to run below 2021 totals. Total U.S. bankruptcy filings decreased nine percent during the first nine months of the year, as the 284,773 filings dropped from the 312,647 filings in 2021. The 268,901 total individual filings through the first three quarters of 2022 also represented a nine percent decrease from the individual filing total of 295,166 through the first three quarters of 2021.

Commercial bankruptcy filings during the first nine months of the year dipped nine percent to 15,872 from the 17,481 filings during the same period in 2021. Commercial chapter 11 filings decreased three percent during the first nine months of 2022 from the same period a year ago, as the 2,831 filings declined from the 2,915 filings in 2021. Conversely, the 1,079 subchapter V filings during the period increased eight percent over the 995 subchapter V filings during the first nine months of 2021.

“The weight of inflation, rising interest rates and concern over supply chain channels continue to have an economic impact on companies and families,” said ABI Executive Director Amy Quackenboss. “Bankruptcy provides distressed households and businesses with the opportunity to rebuild their financial futures.”  

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its new Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more at https://bankruptcy.epiqglobal.com/analytics.

For further information about the statistics or additional requests, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or [email protected].

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Epiq Bankruptcy is a division of Epiq, a global technology-enabled services leader to the legal services industry and corporations that takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at https://www.epiqglobal.com.  

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 10,000 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.

 

Summer ABI Law Review Note Calls for Statutory Reform Regarding Retirement Contributions in Chapter 13 Bankruptcy Plans

Alexandria, Va. — An article in the Summer 2022 edition of the American Bankruptcy Institute (ABI) Law Review (Vol. 30, No. 2) calls for statutory reform regarding retirement contributions in chapter 13 bankruptcy plans. After Congress amended Section 541 of the Bankruptcy Code with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), courts have disagreed regarding retirement contributions and the repayment of creditors under a chapter 13 plan. “In amending section 541, Congress added the last paragraph, known as the ‘hanging paragraph,’ which created confusion regarding whether contributions to a retirement plan are excepted from the debtor's estate but included in the disposable income calculation,” Julie Aberasturi writes in her “Student Note” in the Law Review. Aberasturi argues that: (1) Congress should amend the Bankruptcy Code to exclude post-petition contributions to a 401(k) plan from disposable income only in the amount contributed six months prior to bankruptcy, essentially adopting a modified version of the Davis approach, which states that contributions in the same amount as before filing are excluded from disposable income; (2) even if Congress rejects this proposal, it should still amend BAPCPA to offer clearer guidance to courts; and (3) if Congress fails to take action, courts should adopt the Davis approach going forward, because it best accomplishes the goals of BAPCPA.

Other articles included in the Summer 2022 ABI Law Review include:

·      “Last Rites and Licit Resurrections: The Problematic Pillars of Section 546(a)'s Oft-Presumed Preemption of Non-Bankruptcy Statutes of Repose” by Amir Shachmurove of Reed Smith LLP (Wilmington, Del.), a former law clerk to federal judges in California, Florida, Louisiana and New York.

·      “Bankruptcy's Equity Canon” by Jared I. Mayer, a law clerk to the Supreme Court of New Jersey.

·      “Shattered Expectations: Avoidance in Bankruptcy of Property Divisions in Divorce” by Prof. James L. Musselman of South Texas College of Law (Houston).

ABI’s Law Review, published in conjunction with St. John’s University School of Law in Jamaica, N.Y., is among the most cited and respected scholarly publications in the bankruptcy community. Now in its 28th year, it has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency issues, including chapter 11 reform, distressed sectors, single-asset cases, consumer bankruptcy, revised Article 9 of the Uniform Commercial Code and other topics.

Members of the press looking to obtain any of the articles from the Summer 2022 issue should contact John Hartgen at 703-894-5935 or [email protected].

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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 10,000 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.

Effects of Interest Rates, Inflation, Political Conflicts and Other Factors on Global Restructuring, Cryptocurrency and More to Be Discussed at ABI's 2022 International Insolvency & Restructuring Symposium in London October 13-14

Alexandria, Va. — The American Bankruptcy Institute (ABI) will be co-hosting the 2022 International Insolvency & Restructuring Symposium in London Oct. 13-14 at the Biltmore Mayfair. The educational program will provide attendees with an interactive learning experience led by a faculty of prominent international insolvency practitioners. A special keynote will feature former Delaware Chief Judge Christopher Sontchi talking with ABI President and former colleague Judge Kevin Carey (ret.) of Hogan Lovells US LLP (Philadelphia) about Judge Sontchi’s new position as a judge of the Singapore International Commercial Court.

The advisory board chairs for the program include ABI Vice President-International Affairs Stephen D. Lerner of Squire Patton Boggs (Cincinnati, Ohio), ABI Executive Director Amy A. Quackenboss, Albert J. Togut of Togut Segal & Segal LLP (New York) and Ian G. Williams of Williams Consulting International (London). Content partners for the symposium are the American College of Bankruptcy, the International Insolvency Institute (III), INSOL, IWIRC and TMA Europe.

 

Symposium sessions will include:

  • The Dance with the European Directive
  • Tales from the Crypt-O
  • 2022 into 2023: Is Restructuring Returning (Finally)? What Will Interest Rates, Inflation, Political Conflicts and Asset Class Volatility Mean for Restructuring Business Around the Globe?
  • America Now!
  • The Role of New Capital in International Restructurings

For more information on attending ABI’s 2022 International Insolvency & Restructuring Symposium, please click here. For members of the press looking to attend the Symposium, please contact John Hartgen at (+1) 703-894-5935 or [email protected].

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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 10,000 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/events.

Interaction Between Environmental Law and Bankruptcy, Buy Now/Pay Later Issues, Oil and Gas Bankruptcies and More to Be Discussed at ABI's Midwestern Bankruptcy Institute

Alexandria, Va. — ABI and the UMKC School of Law are pleased to present the 2022 Midwestern Bankruptcy Institute at the University of Missouri-Kansas City, taking place Oct. 6-7, 2022! This year’s program features business, consumer and professional development tracks at affordable pricing, so attendees can get the exact training that they need. Attendees have the opportunity to earn up to 13.6 hours of CLE credit and 2.4 hours of ethics credit, including 1.2 hours of elimination bias. There is also a special track of programs tailored to consumer practitioners at a reduced rate.

The program features a special luncheon presentation by Andreas Lehnert, director of the Federal Reserve Board Division of Financial Stability (Washington, D.C.), who will discuss personal bankruptcy and financial stability. ABI’s popular ABI Talks session will feature TED Talk-like discussions on tracing financial transactions in popular phone apps, an analytical review of reversals/affirmance rates between BAPs and district courts, the unconstitutionality of the chapter 11 fee structure in U.S. Trustee vs. Bankruptcy Administrator districts, and SBRA and chapter 12 definitions for qualifying debtors. Andrea Chase of Spencer Fane LLP (Kansas City, Mo.) and David Prell Eron of Prell Eron & Bailey (Wichita, Kan.) are the program co-chairs, and Bankruptcy Judge Dennis R. Dow (W.D. Mo.; Kansas City) is the judicial chair.

Concurrent sessions include:

  • Elimination of Bias: Allies Panel
  • Case Law Updates
  • Judicial Round-and-Round
  • Ethics Game Show

Commercial bankruptcy track sessions include:

  • Hazard Ahead: The Thorny Interaction Between Environmental Law and Bankruptcy Law
  • Oil and Gas Bankruptcy
  • Boardroom Issues When Considering the “Texas Two-Step” and Proposing Third-Party Releases in a Bankruptcy Plan
  • Issues with International Asset Sales

Consumer bankruptcy track sessions include:

  • Tax Aspects in Bankruptcy Practice
  • Buy Here/Pay Here, Buy Now/Pay Later, and Missing Collateral
  • Chapter 13 Issues
  • The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know

 

If you are a member of the press and would like to attend the Midwestern Bankruptcy Institute, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or [email protected].

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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 10,000 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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