American Bankruptcy Institute Update

May 5, 2005

In This Issue


Legislation Update

Online Discussion of Consumer Bankruptcy Practice Under the New Law Available

A transcript of ABI’s online discussion on the new law and how it impacts consumer bankruptcy practice is available online. Panelists included ABI Consumer Committee co-chairs Hon. Thomas Waldron (S.D. Ohio), Hon. Dennis Dow (W.D. Mo.), Dennis LeVine (Dennis LeVine & Associates) and Thomas J. Yerbich (U.S. District Court, Alaska), along with ABI Resident Scholar Jeffrey Morris and ABI Executive Director Samuel J. Gerdano.

Employee Benefit Plans and Executive Compensation under the New Bankruptcy Law

A article highlights the most significant provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 affecting employee benefit plans and executive compensation, including amendments providing additional protection from creditors for employee contributions to and interests in retirement plans and education savings plans, facilitating employees' repayment of plan loans, and placing significant additional restrictions on pre- and post-petition payments to insiders and on pre-petition modifications to retiree health plans. Read the full article (registration required).

Study Predicts Personal Bankruptcies in the United States

Forecasting firm Global Insight's new study, "Predicting Personal Bankruptcies in the United States 2005—07,” examines how the economic cycle will impact bankruptcy filings in the years ahead, and trends in the demographic makeup of households with late payments and metropolitan areas expected to experience the highest increase in bankruptcies.

Using custom econometric models, the study projects chapter 7 and chapter 13 personal bankruptcies at the state and metropolitan area level. Subscribers to the study will receive the executive summary and comprehensive report, along with forecast database. For additional information, visit

Audioconference to Address “Deepening Insolvency” Issues Next Wednesday

ABI will present the second in a series of “Best of
ABI” audioconferences, the Best of 2005 Bankruptcy Battleground West live audioconference, "Deepening Insolvency Issues," on May 11, 2005 at 1:30 pm (ET). The panel will explain the concept of “deepening insolvency,” as well as current trends in the law and the very practical and new potential forms of liability possible under this fast-evolving theory. To register, click here.

Latest Job Postings at ABI Career Center

Check out the ABI Career Center. The Center is a one-stop site for job seekers and employers in the insolvency community. Career Center resources are available free to both employers and job seekers. New positions are featured daily. The latest listings include: