CLLA RESOURCES

The New Bankruptcy Code

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Public Law No. 109-8 (Signed into Law April 20, 2005)

Thank you for visiting the CLLA Bankruptcy Law Resource Page. This page includes links to the most frequently requested materials regarding the sweeping changes to the Bankruptcy Code. If you are looking for something you cannot find, please send an email to ehenry@clla.org

Understanding the Radical Bankruptcy Code Changes - Educational Resources

The CLLA has held three highly regarded educational programs on the new law. All of these are available in Audio CD form. Live programs will resume in the fall. The Audio Packages have two hours of programming and come with the complete program manual.

General Overview: This program features an overview of the major changes to both business and consumer bankruptcy practices. Speakers include The Honorable Eugene Wedoff, Judith Greenstone Miller, Jay Welford and Catherine Vance. This is a good introduction of the sweeping changes.

Business Bankruptcy Under the New Code: This program provides a detailed discussion of the new provisions, including changes to the law of small business bankruptcy, executory contracts, preferences, professional fees, taxes and much more. The two hour seminar covers all major (and many minor) changes to the Code affecting the business bankruptcy practitioner. This program was so successful, attendees asked for it to be held a second time so that their colleagues could attend. Speakers feature Hon. Bruce Markell, Judith Greenstone Miller, Jay Welford and Peter Califano. All of these speakers have testified during the long legislative process leading up to this new law.

Consumer Bankruptcy Under the New Code: This two hour seminar provides a detailed discussion of the means test, treatment of secured claims, repeat filings and the intricate attorney liability issues. Judge Eugene Wedoff and Catherine Vance provide a organized and lively discussion of these big issues. Both of these speakers are nationally recognized as the leaders in their field on these topics.

Frequently Requested Materials

"Attorney Liability under § 707(b)(4) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," written by the American Bar Association, Business Law Section, Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Task Force on Attorney Discipline

"Critical Technical Issues Regarding Public Law 109-8 - The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" - The CLLA Bankruptcy Section has released a thorough Section-by-Section summary of technical inconsistencies and issues found in the new law.

"Understanding the Radical Bankruptcy Code Changes" - The highly regarded educational materials prepared by Hon. Eugene Wedoff, Judith Greenstone Miller, Jay Welford and Catherine Vance are available compliments of the CLLA. If you would like to utilize these materials as a part of an upcoming educational program, please contact sjolie@clla.org

Director's Interim Guidance Regarding Tax Information Under 11 U.S.C § 521: Guidance on procedures to protect a debtor's tax information, as mandated by Section 315(c) of BAPCPA.

"Effective Date and Exceptions to the General Effective Date" - This widely circulated article succinctly lists the dates of enactment for the legislation. Updated May 31, 2005 to reflect filing fee increase.

"Census Bureau Data for Calculating the Means Test" - This site provides you with the Census Bureau data for the state median income which is the basis for calculating the means test.

"Attorneys and the Bankruptcy Reform Act of 2001: Understanding the Importance of Sanctions Against Debtors Counsel" - Written by Catherine Vance, this article presents an in-depth analysis of liability for debtors' counsel under the means test. Ms. Vance focuses on interpreting the language of the newly enacted § 707(b)(4) and examines the interplay between the statute and Rule 9011 of the Federal Rules of Bankruptcy Procedure. This article was originally published in the Fall 2001 edition of the Commercial Law Journal (106 Com.L.J.241 (2001)).

"Notice Required under Section 228/Code 527" - This document provides the language of the notice "debt relief agencies" must give their clients as set forth in new Code §527.

"Some Canons of Statutory Construction". Here you'll find an annotation of select cases that highlights some of the rules of statutory construction, rules that will be necessary in interpreting much of the new law.

Other Useful Resources

Internal Revenue Service - National Standards for Allowable Living Expenses

Blackline of the Current Bankruptcy Code - Davis Polk & Wardell has posted a blacklined version of the Bankruptcy Code on the web for public use.

Bankruptcy Statutes and Rules with Weblinks - Weber Law Firm has created a hyperlinked version of the Bankruptcy Code and Rule changes and has posted it on the web for public use.

Congressional Resources

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate)

History of S. 256, outlining all amendments proposed, timeline of legislation and ultimate signing by President Bush.

Final Roll Call Vote on S. 256 - Senate

Final Roll Call Vote on S. 256 - House of Representatives

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Connections

CLLA Connections March 9, 2010 Issue

  

Viewpoint

We Are CLLA and we mean business!


The roots of the Commercial Law League of America were formed in the late 1880s with the rise of big corporations. As America’s credit system began to develop and commercial activity became more complex, so too did the array of parties involved in commercial transactions and the issues they faced to ensure robust commercial activity. From the very start, it was clear that bringing together attorneys, collection agencies, credit grantors, law list publishers, and other commercial and credit professionals was essential to meeting the challenges this new economy had created. Over a century later, that need remains and is what truly sets CLLA apart from other organizations in the business and credit arena. We are made up of a broad, but interconnected, network of interests. We are attorneys. We are collection agencies. We are credit professionals. We are judges and students and professors. But above all, we are CLLA.

The National Association of Credit Management’s Credit Congress marked the beginning of a new branding strategy for the Commercial Law League of America that reflects our diverse membership and the strength members gain from that diversity. On page 27 of the July/August issue of Debt3, you’ll find the first three image pieces we have created. Two of the pieces speak from the perspective of a business law attorney and a certified collection agency, each reflecting the particular benefits they gain from their affiliation with CLLA. The third panel highlights the common interests League members share and underscores the value this nexus provides. More image pieces for bankruptcy attorneys, credit professionals, and others are planned and will be rolled out in the months to come. We’ll be using them in advertising, exhibit booth material, membership collateral, website content and other vehicles. The image campaign will remind existing and potential members, our clients, our supplier partners, and other external audiences who we are and what we do. You’ll notice that the “testimonial” pieces end with the tag line, “CLLA means business.” And we do. We’re serious about providing exceptional service to our clients, advancing the skills and professionalism of the industry, and representing our members’ interest in legislative and regulatory affairs.

CLLA Means Business Development. During the recent NACM conference, I heard comments from numerous credit grantors that they always turn to CLLA when looking for certified, dependable collection agencies and exceptionally skilled attorneys. For more than 114 years, CLLA has served as a benchmark of quality service and unparalleled professionalism. It’s no wonder that our website’s most popular landing page is the Find a Professional service. Visitors looking for help know that the names they find are ones they can trust. Through advertising, exhibition marketing, website communications and social marketing services, CLLA is committed to helping you reach your clients. But we are always looking for ways to improve. We encourage you to share your thoughts on how we can better connect you with business opportunities.

CLLA Means Business Networking. CLLA’s founders recognized the importance of meeting and keeping in touch with partners in the business and credit community. And it remains a vital part of CLLA’s mission. In addition to our annual meetings in Chicago and New York, we are expanding the ways you can stay connected. We have set up CLLA pages on both Facebook and LinkedIn to better enable members to find one another, share ideas, keep up to date on news and information related to the association and the industry, and build and maintain relationships outside of the traditional meeting environment. If you have not yet joined our networks, sign up now! And be sure to join the Social Media Webinar scheduled for August 18. Check clla.org for details. We’ve also launched Connections, a bi-monthly newsletter to keep you up on the latest industry news, association activities, and legislative developments. Need help making connections? Have ideas on how we can do better? Drop us an email or call us and let us know.

CLLA Means Business Sense. In addition to building your business, CLLA is committed to helping you manage it, too. In July, we hosted a teleseminar on entering the retail collections business that offered tips on developing a client base, dealing with documentation issues, maintaining profitability and training staff. Debt3 regularly offers articles on managing your practice including branding your firm, building your business network, and showcasing technologies and services to improve efficiency. Our exhibitor showcases at the Chicago and New York meetings bring you face to face with supplier partners who can help you reduce costs, improve performance and strengthen your business. What are the biggest challenges you face in managing your practice? What concerns keep you up at night? Let us know and we’ll help you find the assistance you need.

CLLA Means Business Protection. Burdensome regulations in New York. Bankruptcy legislation on Capitol Hill. Game-changing questions before the Supreme Court. In the current political environment, the challenges and potential threats to our industry are many. CLLA has been taking action to protect our members’ interests in these critical matters. In addition to providing you with critical updates on legislative developments, we have developed a platform of policy positions to advance in Congress, testified at legislative hearings at the local and Federal level, and filed amicus briefs with the U.S. Supreme Court. Working together, we can ensure that the business and credit industry remains robust and fluid.

CLLA Means Business. But we like to have some fun, too. Whether it’s dancing in Chicago, enjoying the theater in New York, or taking advantage of the many family-friendly attractions Baltimore Harbor offers, CLLA members enjoy their work and the colleagues they work with. Our social events help build strong bonds that last generations and remind us of the common interests and values we share. If you are one of the few who haven’t experienced a CLLA social event, I hope you’ll consider joining soon, perhaps in Los Angeles on September 11 for our Western Conference or in New York this November for our Fall Conference. You’ll come away with business contacts, practice tips and lots of new friends.

We ARE CLLA and we mean business!

CLLA sponsors ABC

As a sponsor of the American Board of Certification, the CLLA encourages certification of attorneys in business bankruptcy, consumer bankruptcy and creditors' rights law.

Visit the ABC Website to learn more about its specialty programs.

Online Education

Need CLE or perhaps just a refresher course? The CLLA Education site is available 24/7.

Click here to learn more.