Members of ABI's Commission on Consumer Bankruptcy discuss the recommendations in the Final Report focused on the Code's credit counseling and financial management course requirements, and means test provisions. Click here to listen to the podcast.
The ABI Commission on Consumer Bankruptcy researched and has recommended improvements to the consumer bankruptcy system that can be implemented within its existing structure. These changes include amendments to the Bankruptcy Code, changes to the Federal Rules of Bankruptcy Procedure, administrative rules or actions, recommendations on proper interpretations of existing law and other best practices that judges, trustees and lawyers can implement. To view a fact sheet on the Commission, please click here.
To access the full report, please click here
To access a summary of key findings, please click here
Commission leadership discussed key findings at the unveiling of the Final Report on an April 11. Watch a replay of the presentation below.
The commission is grateful to the financial support from the ABI Anthony H.N. Schelling Endowment Fund and the NCBJ Endowment.
Previous Meetings and Information
Student loans in bankruptcy was one of the topics considered at the House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law's June 25 hearing titled "Oversight of Bankruptcy Law and Legislative Proposals." Commissioners Prof. Dalié Jiménez of the UC Irvine School of Law, John Rao of the National Consumer Law Center and Ed Boltz of the Law Offices of John T. Orcutt, P.C. (Durham, N.C.) provided their views on the issue.
Click here to watch an archive of the hearing and read the prepared witness testimony.
Members of ABI's Commission on Consumer Bankruptcy on a podcast provide insights on the Commission's recommendations on student loans and bankruptcy, the first topic addressed in its Final Report. Click here to listen to the podcast.
The House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing on September 26 to consider H.R. 3553, the “Bankruptcy Administration Improvement Act of 2017". The bill was introduced last year by House Judiciary Subcommittee Chair Tom Marino (R-Pa.) and aims to increase the amount of compensation paid to chapter 7 bankruptcy trustees for services rendered. Ariane Holtschlag of the Law Office of William J. Factor, Ltd. (Chicago) and a member of ABI’s Commission on Consumer Bankruptcy testified to provide Commission recommendations on trustee compensation. Please click here to read her statement.
The ABI Commission on Consumer Bankruptcy provided recommendations in response to the Department of Education’s request for information (RFI) on the evaluation of undue hardship claims in adversary actions seeking student loan discharges in bankruptcy. Click here to read the submission.
The final open meeting of the Commission was held on Friday, April 20 during ABI’s Annual Spring Meeting. This was the last hearing before compiling the report of recommendations to be released at the end of the year. Click here to read written statements and watch hearings.
The Consumer Commission held public hearings during the Winter Leadership Conference on December 1, 2017. Click here to read written statements and watch hearings.
ABI's Commission on Consumer Bankruptcy held a public meeting during the Honorable Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference on November 10, 2017, from 12:00 - 1:30 PM at Jenner & Block in Chicago, Illinois. Click here to read prepared statements.
The Committee on Case Administration & the Estate of the ABI Commission on Consumer Bankruptcy held a public meeting during the annual conference for the National Conference of Bankruptcy Judges (NCBJ) on October 10, 2017, from 10:45 AM – 1:00 PM in the Paris Las Vegas Hotel. The Commission invited stakeholders attending the event to request time to make an oral statement at this public meeting, and in addition to submit a written statement to the Commission. Click here to read prepared statements.