In December, 2016, the executive committee of ABI’s Board of Directors created the ABI Commission on Consumer Bankruptcy. The Commission is comprised of seventeen members charged with examining the consumer bankruptcy system and delivering a report in December 2018 with recommended improvements.
Three committees help support the work of the Commission: the Committee on Case Administration and the Estate; the Committee on Chapter 7; and the Committee on Chapter 13. There are five commissioners and ten other bankruptcy experts for each committee.
The Commission held several public meetings throughout last year including at the ABI Winter Leadership Meeting held in December, 2017. The Commission’s last scheduled public meeting is set for the ABI Annual Spring Meeting in Washington, DC in April, 2018 with a final report scheduled to be released in time for the 2018 Winter Leadership Meeting.
Detailed information about the Commission is available on its website together with drafts of various committee materials. Among the materials posted on the site is a “List of Topics” (found here) for consideration by the Commission and its three committees.
In reviewing the List of Topics, the leadership team of the Mediation Committee noted the absence of mediation as a topic explicitly identified for consideration. Because mediation can play a significant role in the resolution of disputes arising in consumer insolvency proceedings, the Committee determined to prepare and deliver an impactful statement to the Commission seeking to ensure mediation provisions are included within the suggested reforms for consumer practice. By letter dated November 29, 2017, the Committee informed the Commission of its work on this project and its timetable for completion of a position statement in early 2018.
At this point, the Committee is continuing its work collecting a sampling of empirical data from jurisdictions with consumer mediation programs. The Committee is also working to collect individual perspectives from those experienced with the use of mediation in consumer cases.
If you can assist in identifying relevant empirical data, have perspectives to share (and have not already done so) or you otherwise would like to contribute to this Committee initiative, please contact the Committee’s Special Projects chair John Loughnane as soon as possible. The Committee plans to finalize its position statement in February and submit to the Commission in March so that it may be considered in time for discussion at the 2018 Annual Spring Meeting.