Legislation

Public Securities and the Bankruptcy Plan Process: What Not to Do

This panel will discuss the rationale and practical consequences of the nuanced approach to the often difficult concept of valuation in Chapter 11 taken by the ABI Chapter 11 Commission’s recommendations.

This session will discuss student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.

Recent and Pending Legislation Regarding Student Loans and CFPB Regulations for Mortgage Servicing

Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. This panel will present key finds as submitted to Congress and includes several members of the Commission and the official reporter.

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.