American Bankruptcy Institute Update

August 2, 2005

In This Issue


Legislation Update

Interim Rules for BAPCPA Implementation Released

The proposed Interim Rules and Forms for the new bankruptcy law will be presented to the Judicial Conference Advisory Committee on Rules of Bankruptcy Procedure tomorrow at its meeting in Washington, D.C. Because the general effective date of 180 days after enactment does not provide sufficient time to promulgate rules under the Rules Enabling Act to implement the statutory changes, a set of proposed Interim Rules are offered for adoption through standing or general orders by each of the district courts, which will apply to bankruptcy cases only from October 17, 2005, until final rules and forms are promulgated and effective under the regular Rules Enabling Act process.

If approved by the BAPCPA Advisory Committee, the proposed Interim Rules will be transmitted to the Committee on Rules of Practice and Procedure and the Judicial Conference for approval and transmission to the courts for adoption through standing or general orders by each of the courts. The proposed Interim Forms will be transmitted to the Standing Committee and the Judicial Conference for adoption as Official Forms.

The proposed interim rules and related memos:

Register Today for “Views from the Bench” and Save $50

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 today to get the regular registration fee.

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!

Save the Date!

2005 Winter Leadership Conference

December 1–3, 2005
Hyatt Grand Champions Resort
Indian Wells, Calif. (Palm Springs)

Look for details later this week in the ABI Update, and online at ABI World.

Mass Torts Committee E-Newsletter Now Available Online

Read about the effect of bankruptcy on insurance policies, the next round in asbestos “prepacks” and more in the August issue of the Mass Torts Committee e-newsletter.

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: