Experts Assess Effects of 2005 Bankruptcy Overhaul Law on ABI Media Teleconference
(October 04, 2010)

Issue:

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) continues to reshape the landscape for both consumer and business bankruptcies. Five years after its implementation, panels of consumer and business bankruptcy experts will assess the effects of BAPCPA’s requirements on the bankruptcy system.

The speakers include:

Consumer Panel:

• Bankruptcy Judge Pamela Pepper was appointed to the bankruptcy bench for the Eastern District of Wisconsin in Milwaukee on July 5, 2005. She also hears chapter 13 cases in the Southern District of Illinois (East St. Louis).


•  Prof. Katherine Porter is a professor of law at the University of Iowa College of Law in Iowa City, and will serve as a visiting professor at Harvard Law School this year. She conducts research on families in financial distress, including a study of the effect of debtor financial education.
  


• Claire Ann Resop is a shareholder in the Madison, Wis., office of von Briesen & Roper SC, where she concentrates her practice in bankruptcy, real estate and commercial and claim litigation. Resop is appointed to the Panel of Chapter 7 Trustees for the Western District of Wisconsin and serves on ABI’s Board of Directors.

Business Panel:

• Brad Sandler is a partner with Pachulski Stang Ziehl & Jones LLP in its Wilmington, Del., offices. Sandler has substantial experience representing debtors, committees (creditor, equity, and ad hoc), acquirers, landlords, trustees and post-confirmation plan administrators in business bankruptcies, and businesses in out of court reorganizations.


•   Annette Jarvis is a partner of Dorsey & Whitney LLP in Salt Lake City, where she represents debtors, trustees, examiners, creditors’ committees, financial institutions, creditors, indenture trustees, equity-holders, public bond-holders and purchasers of assets in chapter 11 bankruptcy cases.


• Brian Shaw is a member of Shaw Gussis Fishman Glantz Wolfson & Towbin LLC in Chicago, where he has 17 years of experience representing debtors, secured and unsecured creditors, creditor and equity committees, chapter 7 and 11 trustees and plaintiffs and defendants in bankruptcy‑related litigation. He is ABI's Vice President-Membership.

The teleconference will be moderated by ABI Resident Scholar Laura B. Bartell of Wayne State University Law School.

Background:

Five years after its implementation, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) continues to reshape the landscape for both consumer and business bankruptcies. Representing the most significant changes to the Bankruptcy Code since 1978, BAPCPA placed new requirements on both consumers and businesses looking for financial relief that have left an indelible mark on the bankruptcy process.

Were the means test and financial education requirements of BAPCPA successful in decreasing consumer bankruptcies? Are BAPCPA’s requirements driving up attorney’s fees while also straining the court system? How have BAPCPA’s requirements affected distressed businesses during the current economic downturn?

Hear two panels of experts featuring a bankruptcy judge, scholars and consumer and business practitioners discuss these issues and more on ABI’s teleconference to assess the effects of BAPCPA five years after its implementation

Press with any questions for the panelists on the teleconference should contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.org. 

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