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Personal Guaranty Unimpaired by Company’s Chapter 11 Plan
Vacation in New Orleans Is Grounds for Removing a Trustee for Cause
Clinton Portis Owes Nearly $5 Million to Creditors
Former Washington Redskins and Denver Broncos running back Clinton Portis made about $43 million during his nine-season NFL career, but a federal bankruptcy filing this week showed Portis owes nearly $5 million to creditors, USA Today reported on Saturday. Portis' mother, Rhonnel Hearn, is tied for second as the biggest creditor in Portis' bankruptcy case, according to court records. Entertainment Tonight correspondent and former sideline reporter Nischelle Turner is also owed $500,000. A mortgage company ($1,023,020) is Portis' biggest creditor and the debt is listed as a "mortgage deficiency." Portis, 34, also owes the IRS $390,000, an amount he is disputing. Rounding out the top-5 creditors is the MGM Grand Hotel and Casino, which has won judgment of $287,178 against Portis.
House Passes Military Bankruptcy-Relief Bill
The U.S. House of Representatives voted 419-1 yesterday to approve a bill sponsored by Rep. Steve Cohen (D-Tenn.) that would extend a bankruptcy-relief measure for National Guard members and Reservists, the Memphis Commercial Appeal reported today. The legislation would extend until the end of 2019 a provision that exempts National Guard members and Reservists filing bankruptcy from being subjected to a "means test" to determine a debtor's ability to repay debts. National Guard members and Reservists who, after Sept. 11, 2001, served on active duty or in a homeland defense activity for at least 90 days already were exempt from the test, but the exemption was set to expire on Saturday.

Man Gets Nearly 6 Years in Prison in $9 Million Bankruptcy Fraud
William "Butch" Dickson will spend nearly five years in federal prison for trying to take more than $9 million through bankruptcy fraud, the Associated Press reported on Friday. U.S. District Judge Tom Lee on Thursday sentenced Dickson, who formerly ran a mortgage company in Jackson, Miss., called Community Home Financial Services, to 57 months in prison. Dickson pleaded guilty in September to one count of concealing assets after a bankruptcy filing and one count of fraudulently removing such assets. He tried to ship more than $9 million from his company to Central America.
November Bankruptcy Filings Up 5 Percent over Previous Year, Chapter 11 Filings Up 31 Percent
Alexandria, Va.— Total bankruptcy filings in the United States increased 5 percent in November 2015 from November of last year, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 65,511 in November 2015, up from the November 2014 total of 62,438. Consumer filings also increased 5 percent to 63,223 from the November 2014 consumer filing total of 60,164. Total commercial filings in November 2015 were 2,288, a 1 percent increase from the 2,274 business filings recorded in November 2014. Total commercial chapter 11 filings increased 30 percent to 390 filings in November 2015 from the 298 commercial chapter 11 filings registered in November 2014.
“Though November’s filings were up slightly, fewer consumers and businesses are turning to the financial relief of bankruptcy,” said ABI Executive Director Samuel J. Gerdano. “Amid persistently low interest rates and high filing costs, total bankruptcies remain on track for the second-lowest total since BAPCPA was implemented in 2005.”
Total filings for November decreased 7 percent compared to the 70,221 total filings in October 2015. Total noncommercial filings for November also represented a 7 percent decrease from the October 2015 noncommercial filing total of 67,744. November’s commercial filing total represented an 8 percent drop from the October 2015 commercial filing total of 2,477. November commercial chapter 11 filings were also down, decreasing 9 percent from the 428 filings recorded in October 2015.
The average nationwide per capita bankruptcy-filing rate in November was 2.69 (total filings per 1,000 population), a slight decline from the 2.70 rate for the first 10 months of the year. Average total filings per day in November 2015 were 2,184, a 5 percent increase from the 2,081 total daily filings in November 2014. States with the highest per capita filing rates (total filings per 1,000 population) in November 2015 were:
1. Tennessee (5.80)
2. Alabama (5.41)
3. Georgia (5.10)
4. Illinois (4.42)
5. Utah (4.39)
ABI has partnered with Epiq Systems, Inc. in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media. Epiq Systems is a leading provider of managed technology for the global legal profession.
For further information about the statistics or additional requests, please contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.org.
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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 more than 12,000 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.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.
Epiq Systems is a leading provider of managed technology for the global legal profession. Epiq Systems offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq System’s clients include leading law firms, corporate legal departments, bankruptcy trustees, government agencies, mortgage processors, financial institutions, and other professional advisors who require innovative technology, responsive service and deep subject-matter expertise. For more information on Epiq Systems, Inc., please visit http://www.epiqsystems.com.
November Bankruptcy Filings Up 5 Percent over Previous Year, Chapter 11 Filings Up 31 Percent
Total bankruptcy filings in the United States increased 5 percent in November 2015 from November of last year, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 65,511 in November 2015, up from the November 2014 total of 62,438. Consumer filings also increased 5 percent to 63,223 from the November 2014 consumer filing total of 60,164. Total commercial filings in November 2015 were 2,288, a 1 percent increase from the 2,274 business filings recorded in November 2014. Total commercial chapter 11 filings increased 30 percent to 390 filings in November 2015 from the 298 commercial chapter 11 filings registered in November 2014.

USTP Announces Notice of Public Hearing and Reopened Comment Period for Proposed Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11
The U.S. Trustee Program (USTP) on Nov. 10 published in the Federal Register a notice of proposed rulemaking (NPRM) seeking public comment on the proposed rules requiring uniform periodic reports by debtors-in-possession or trustees in non-small business cases under chapter 11 and the proposed periodic report forms. After analyzing the comments to the NPRM and proposed forms, and because certain public commenters asked to meet with representatives of the USTP to discuss the NPRM and proposed forms, the USTP decided to hold a public hearing on Feb. 17, 2016, from 10:00 a.m. to 1:00 p.m. ET in the Executive Conference Center in the Executive Office for U.S. Trustees in Washington, DC. The hearing on the NPRM will provide an opportunity for interested parties to express their views directly to USTP officials. The USTP has also reopened the comment period and will accept new and supplemental comments from the public on or before Feb. 22, 2016, via www.regulations.gov. But those who register to attend and make a presentation at the public hearing must have either a written comment or statement on file by the registration deadline of Jan. 6, 2016. For more information, please click here.
