Consumer Bankruptcy

Alexandria, Va.— The ABI Commission on Consumer Bankruptcy unveiled its final report of recommendations to identify updates to be made to the U.S. Bankruptcy Code and Rules so that the system is more accessible and efficient for both financially struggling Americans and the professionals who serve them. The Commission was created in December 2016 to research and recommend improvements to the consumer bankruptcy system that can be implemented within its existing structure. After soliciting public feedback, Commission members identified nearly 50 discrete issues for study and divided these issues among three advisory committees composed of 52 bankruptcy professionals. The commissioners and committee members represent all diverse stakeholders in the bankruptcy system.

“The report represents the hard work of all stakeholders over a two-year period,” said co-chair Hon. Elizabeth Perris (ret.). “As one of the co-chairs, I am proud that the report contains thoughtful suggestions for how to make the system work better for all involved.”

“As one of the co-chairs, I believe the report will trigger meaningful discussions that can lead to improvement in the consumer bankruptcy system,” said fellow co-chair Hon. William Houston Brown (ret.).

Some of the select issues addressed in the final report of recommendations include:

• Student loans in bankruptcy
• Remedies for discharge violation
• Protection of interests in collateral repossessed pre-petition
• Chapter 7 attorneys’ fees
• Attorney competency & remedying lawyer misconduct
• Credit counseling and the financial management course
• Means test revisions and interpretations
• Chapter 13 debt limits
• Racial justice in bankruptcy
• Reserve fund in chapter 13 cases
• Chapter 7 trustee compensation

To download a copy of the full report, please click here.

The Commission is grateful to the financial support received from the ABI Anthony H.N. Schelling Endowment Fund and the NCBJ Endowment.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.