American Bankruptcy Institute Update

July 28, 2005

In This Issue


Legislation Update

Bankruptcy Law Hearing Statements Now Available

The House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held hearings Tuesday on the implementation of the new law. Click on the witnesses’ names below to read their prepared statements.

  • Clifford J. White III, acting director, Executive Office for United States Trustees;
  • Hon. A. Thomas Small, U.S. Bankruptcy Judge for the Eastern District of North Carolina (on behalf of Judicial Conference of the United States);
  • Travis B. Plunkett, Consumer Federation of America, National Consumer Law Center, U.S. Public Interest Research Group; and
  • George Wallace Esq., Coalition for the Implementation of Bankruptcy Reform.

Also see Subcommittee Chairman Chris Cannon’s opening statement.

Register Now For “Views from the Bench” and Save!

Join ABI and The Georgetown University Law Center CLE for Bankruptcy 2005: Views from the Bench and earn up to 6.0 CLE/7.0 CPE Credits, including 1.0 hour of ethics. Register by Aug. 1 and save $50! The program features the views of 18 U.S. Bankruptcy Judges from across the United States. Timely topics—all updated with the latest legislative revisions—include:

  • First-day Issues: Changes in procedures under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)
  • Section 363: New Developments Including Precision Industries Inc. v. Qualitech—Sales Free and Clear of Leases and Other Valuable Rights?
  • Mass Tort Problems: Including Prepacks, Legislation, Future Claims and Combustion Engineering
  • Separate Topical Break-out Lunches with the Judges: a unique opportunity for attendees to follow up on the morning’s topics in small groups with the judges and speakers
  • Pension and Employee Issues: Reconciling the Interests of Unions/Employees, the PBGC and the Estate: §1113 and Terminating Underfunded Pension Plans
  • Legal Ethics: Examination of Issues Involving Representation of the Creditors’ Committee, Conflicts and Solicitation for Appointment
  • BAPCPA: How Will the Act Affect Business Bankruptcies, Including Reclamation, Preferences, Exclusivity, Property of the Estate, Plan Modification, and Discharge of Debtors Under Chapter 11?

Register online today!

Archdiocese, Plaintiffs Have “Intractable Differences”

On the eve of crucial settlement talks, lawyers for nearly 70 priest sexual-abuse plaintiffs say intractable differences with the Archdiocese of Portland are threatening the court-ordered mediations, the Oregonian reported yesterday. In a Tuesday letter to the judge overseeing the archdiocese bankruptcy, the church’s attorney, Thomas V. Dulcich, contended that the plaintiffs’ lawyers, after many months of discussion, had, in essence, caught them off-guard with new demands. To head off an impasse, U.S. Bankruptcy Judge Elizabeth Perris has arranged for a fellow judge, Randall Dunn, to meet informally with the two sides Friday to work toward agreement.

CD-ROM Helps Attorneys Get Certified Before the New Law Takes Effect

In August, ABI will offer self-study materials on CD-ROM for certification exams covering the current Code. Exams covering the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which takes effect on October 17, 2005, will be offered in 2006. The new law authorizes bankruptcy judges to base their fee awards on whether attorneys meet the high objective standards needed to become board-certified by the American Board of Certification. New §330(a)(3)(E) directs the judges to consider “whether the person is board certified or otherwise has demonstrated skill and expertise in the bankruptcy field.”

Attorneys can use the CD-ROM—which includes interactive sample exams, a study guide and materials and much more—to prepare for the four remaining exams covering current law. The CD-ROM, available to members for $195, also includes general bankruptcy provisions, information on ethics and professional responsibility and information on business bankruptcy, creditors’ rights and consumer bankruptcy certification exams. The ABC web site provides additional information about the exams and how to register.

The four remaining exams covering current law are:

  • ABI Southwest Bankruptcy Conference (Las Vegas), Sept. 8
  • National Conference of Bankruptcy Judges (San Antonio), Nov. 2
  • ABI Detroit Bankruptcy Conference (Detroit), Nov. 10
  • ABI Winter Leadership Conference (Indian Wells, Calif.), Dec. 1

Visit ABI World for more information or to order your copy.

Webinar Series on New Bankruptcy Law Available Online

ABI’s popular Webinar series on the new law is now available online 24/7/365! The first five programs, which covered all aspects of the new law, can be accessed in the convenience of your office. Registrants will receive a copy of the Code and electronic copies of the materials. The archived sessions include:

Don’t miss your chance to participate in the two remaining Webinars:

Click on each one to register.

Consumer Bankruptcy Committee Newsletter Now Available Online

The July issue of the Consumer Bankruptcy Committee e-newsletter features an article by the Hon. Dennis Dow on the first opinion interpreting the new law. Also in this issue, Thomas J. Yerbich’s article, “When Is an Attorney Not an Attorney?,” explores the changes to rules for bankruptcy petition preparers under the new law.

ABI World Tutorial Highlights Search Engine

Do You Know?

A new online tutorial focuses on the capability of ABI’s search engine. The tutorial features a visual demonstration of how to use the online search engine and locate documents quickly and easily on a particular bankruptcy topic within the thousands of articles, reports, publications, court documents and many other sources available at the ABI World web site. This is the third in a series of tutorials that will highlight the many resources and services available at ABI World.

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: