The CLLA has long been associated with the representation of creditor interests, while at the same time seeking fair, equitable and efficient administration of state-law collection and bankruptcy cases for all parties-in-interest. Members of the CLLA have testified on numerous occasions before Congress as experts in the collection, bankruptcy and reorganization fields.
We write to comment on the Executive Office of the United States Trustees' ("EOUST") proposed rule (Federal Register (73 Fed. Reg. 6447 - 6451; Feb. 4, 2008) concerning UST Form 102-7-NDR entitled "Trustee's Report of No Distribution (NDR)" (the "Proposed NDR Report").
We believe that the Proposed NDR is materially deficient and should not be adopted.
CLICKHERE to read the comment in its entirety
CLLA Taps Technology Trend
Initiated in 2005, the CLLA hosts several teleseminars each year; with the most recent one entitled "Don?t Close That File, Bankruptcy May NOT be the End of Your Recovery Efforts." Held on February 19, this teleseminar provided individuals with a primer focused on how to collect debt even after a bankruptcy has been filed. The seminar was facilitated by: Debbie Ebner, a Chapter 7 panel trustee and current chair of the CLLA's Bankruptcy Section; Katie Catanese, an attorney with the Detroit law firm of Allard & Fish, P.C. who has written extensively on the new means test; and Alan Hochheiser, the managing partner of the Bankruptcy department of Ohio based Weltman, Weinberg & Reis Co., L.P.A.
CLICK HERE to read more.
Commercial Law League of America (CLLA)* Offers Separate Consumer/Retail Educational Track at Upcoming CLLA National Meeting in Chicago
In response to requests from CLLA members and other industry professionals, a special educational and networking program for consumer/retail debt collection specialists has been developed for the League's National Meeting in Chicago (May 1-4, 2008).
Click here to read more.
Commercial Law League of America Members Submit
White Paper to Federal Trade Commission
The Commercial Law League of America (CLLA) is honored to be invited by the Federal Trade Commission (FTC) to the FDCPA workshop scheduled for October 10-11 in
With the release of the "White Paper," authors Manuel H. Newburger, Ed Walton and Barbara M. Barron urge the FTC to support a modernization of the 30 year old FDCPA. The proposed changes to the Act would reflect current and future technology issues. The CLLA is also recommending a change in the Act to preserve vital common law immunities from liability for the contents of pleadings and witness testimony.
CLICKHERE for a copy of the full press release
To Read Paper CLICKHERE
National List of Attorneys' new Web site raises the bar
The National List of Attorneys' new Web site raises the bar for the credit industry. It is the only Web site in the industry with statewide coverage search capabilities. One of the new benefits of www.nationallist.com is that collection professionals can submit a claim to The National List of Attorneys for bonding and, at the same time, send this file to their chosen attorney along with a forwarding letter and any documents relating to the case, all in one easy step. No more coupons to clip and send, no more faxing, no more postage to pay.
To find out more, clickhere to read the full press release
NOMINATIONS SOUGHT FOR AWARD OF EXCELLENCE
The Creditors' Rights Section of the Commercial Law League of America is seeking nominations for its Award of Excellence, which was established to recognize outstanding contributions in the field of law affecting creditors' rights. The first recipient of this award, in 2005, was Professor James J. White who, along with Robert Summers, published the most widely recognized treatise regarding the Uniform Commercial Code. The recipient must a lawyer, legislator, professor of law, or judge, whose work has substantially and positively made an impact on creditors' rights. Nominations have been extended and are now are being accepted through October 1, 2007, and should be submitted to the CLLA, including an explanation of those qualities and accomplishments that qualify the nominee for consideration along with the nominee?s Curriculum Vitae. The recipient will be selected for presentation of the Award at the Annual Meeting of the League held in Chicago in May, 2008.
CLICKHERE for more information and nomination form.
Hiring Issues in the Asset Recovery Industry
Have you or are you considering implementing a "zero tolerance" policy for employees who violate a collection law? This recent trend among those in the asset recovery industry can be a two-edged sword. The July 2007 issue of The National List of Attorneys? eNewsletter discusses this and other hiring issues in the collection world.
CLICKHERE for the complete press release.
To read the complete article go to:
www.nationallist.com/eNewsletter/archive/2007_July_Newsletter.html.
George A. Rubin, Elliott D. Levin, Christine Hayes Hickey and John C. Hoard have been ranked in the top 5% of lawyers in the state of Indiana by Super Lawyers. Elliott D. Levin was ranked in the Top 10 Attorneys in the State, and Christine Hayes Hickey was among the Top 25 Female Lawyers in the State. Ranking was determined by a nomination and balloting process, followed by peer review, research and a Blue Ribbon Panel review.
Taking the helm as the Section Chair for the 2007 - 2008 term is Chicago area attorney Deborah K. Ebner. Ms. Ebner has practiced bankruptcy law since 1981 and has served as a Federal Bankruptcy Trustee for Northern District of Illinois continuously since 1983. She serves as a mediator of bankruptcy issues in the Northern District of Illinois and has been recognized by her peers as a Leading Lawyer.
Numbering nearly 1200 members, the CLLA's Bankruptcy Section was founded to promote high standards in the practice of bankruptcy and insolvency law, and serves as an active and respected advocate of legislative initiatives in Washington D.C. Its members are among the highest regarded bankruptcy attorneys in the United States. Bankruptcy Section members have been involved in virtually every type of bankruptcy and reorganization matter. Their expertise extends to the avoidance of bankruptcy as well through out of court workouts, state court receiverships and identifying other means to help the troubled business.
Peter Califano, Cooper, White & Cooper, LLP (San Francisco, CA) Chair-Elect
Steve Ungerman, Steve A. Ungerman (Dallas,TX) Secretary
Jay Welford, Jaffe, Raitt, Heuer & Weiss, P.C., (Southfield & Detroit, MI), Treasurer
Recently, the Bankruptcy Section of the Commercial Law League of America sent out a survey on BAPCPA. Member and Bankruptcy Section Legislative sub-committee co-chair, Catherine Vance, has authored an article delving into a few of the results.
On June 9, 2006, the Commercial Law League of America (the "CLLA") filed a brief as amicus curiae (someone who is not a party to the case) in support of the plaintiffs in the case of the Connecticut Bar Association, National Association of Consumer Bankruptcy Attorneys, Charles A. Maglieri, Eugene S. Melchion, Wayne A. Silver, Ira B. Charmoy, Gerald A. Roisman, Brown & Welsh, P.C., and Anita Johnson v. United States of America, Alberto Gonzales (in his official capacity as Attorney General for the United States of America), and Diana G. Adams (in her official capacity as Acting United States Trustee). The action seeks an injunction against the enforcement of sections 526, 527 and 528 of the Bankruptcy Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 because the provisions as interpreted by the United States are unconstitutional. The challenged provisions concern debt relief agencies and advice and notices that must be given by debt relief agencies. The case is pending in the United States District Court for the District of Connecticut at Civil Action No. 3:06-cv-00729-CFD,
The CLLA's brief supports the plaintiffs request for relief enjoining enforcement of the provisions of sections 526, 527 and 528 of the Bankruptcy Code. The CLLA's particular interest is whether the provisions of Bankruptcy Code sections 526, 527 and 528, apply to creditors' attorneys. The CLLA?s Motion states: "The provisions of the Bankruptcy Code relying on the term debt relief agencies' implicate the interests of the membership of the CLLA by compromising the representation of non-debtors, including creditors. According to the CLLA, to the extent an attorney may be a 'debt relief agency,' the challenged provisions impair the constitutional rights of attorneys, including members of the CLLA, and their clients."
The CLLA is represented by CLLA Bankruptcy Section members William H. Schorling and DeWitt Brown, Buchanan Ingersoll & Rooney, P.C., Philadelphia, PA, and Thomas D. Goldberg, Day, Berry & Howard, LLP, Stamford, CT.
Please click on the following links to access the various documents: Appearance, Motion, Brief, and Exhibit A to Brief.
2006 Lawrence P. King Award for Excellence in the Field of Bankruptcy
The Bankruptcy Section of the Commercial Law League of America announced today that they have begun accepting nominations for the 2006 Lawrence P. King Award for Excellence in the Field of Bankruptcy. The deadline for submissions is July 21, 2006.
The award is annually given to recognize that lawyer, judge, teacher or legislator who exemplifies the best in scholarship, advocacy, judicial administration or legislative activities in the field of bankruptcy. The recipient will exemplify the standards set by Professor King during a life-time of devotion to the practice and practitioners of bankruptcy. She or he will have made a lasting contribution to the improvement of commerce and to the fair and ethical treatment of debtors, creditors and the public at large; the award will recognize a career, not an event. The award will be presented at the Commercial Law League?s Annual Breakfast held at the 2006 National Conference of Bankruptcy Judges. Established in 2001, this award has been presented to Professor Lawrence King (in memoriam, 2001), Professor Elizabeth Warren (2002), The Honorable Joe Lee (2003), Professor David Epstein (2004) and The Honorable A. Thomas Small (2005).
Download a nomination form by clicking here.
The Commercial Law League of America (CLLA) submitted a position paper to Congress on December 7, 2005 in agreement with letters recently circulated by the National Bankruptcy Conference (“NBC”), the American Federation of Labor and Congress of Industrial Organizations ("AFL-CIO") and the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (“UAW”) [attached] opposing the pension termination surcharge provision contained in the recently passed S. 1932 Deficit Reduction Omnibus Reconciliation Act of 2005 and in the corresponding provisions now pending in the House in H.R. 4241, entitled Deficit Reduction Act of 2005. While the CLLA acknowledges the legislative attempt to improve the solvency of the Pension Benefit Guaranty Corporation (“PBGC”), the proposed surcharge will have a disastrous impact on debtor-companies attempting to undergo reorganization and thus, also on retirees, employees and creditors.
The CLLA urged Congress to consider the possible consequences of this proposal. Under H.R. 4241, a surcharge of $1,250 per defined benefit plan participant for three years will be assessed on companies that terminate their pension plans during the pendency of bankruptcy. The CLLA concluded by urging members of congress to vote no.
The position paper and letters from the NBC, AFL-CIO and UAW can be downloaded here.
The case is:
Cantor v. BAPCPA
Case No. 05-20005
United States Bankruptcy Court
Western District of Kentucky
(http://www.kywb.uscourts.gov)
Assigned to David T. Stosberg
Law Firm Patron Sponsor Order Form Now Available.
Members of the CLLA Bankruptcy Section now have a new marketing opportunity. The Bankruptcy Section, in partnership with the CLLA and Fund for Publication Education, presents two of the most highly regarded programs at the National Conference of Bankruptcy Judges.
For over a decade, the CLLA has produced two of the most highly regarded programs at the annual National Conference of Bankruptcy Judges. Our Annual Breakfast grows in attendance every year, hitting a record 620 attendees in 2004. Our annual “Current Developments in Hot & Emerging Areas” consistently draws 700-900 attendees and receives top marks from conference attendees. There is no better visibility for the key bankruptcy professionals than at one of these two events.
This year the CLLA has opened a new category of sponsorship available only to law firms. This is geared towards the smaller firm or the firm that would like to get visibility, but doesn’t want to commit to a high level sponsorship. We have made Patron Sponsorships available to our member law firms. If your firm has fewer than five attorneys on staff the sponsorship rate is $500. Law firms with 1-4 attorneys on staff can become Patron Sponsors at the rate of $500. Firms with five or more attorneys can be Patron Sponsors for $1000. Patron Sponsors receive onsite recognition in the program materials as well as promotion in the Bankruptcy Section Newsletter, which is sent electronically to all members and over 100 members of the media and bankruptcy profession. The Annual Breakfast is already on pace with last year for ticket sales. Our speaker, Frank W. Abagnale, on whose life the Hollywood movie “Catch Me If You Can” was based, is drawing well. Our educational program, focussed entirely on Electronic Discovery issues has also been getting good “buzz” from early registrants. The National Conference of Bankruptcy Judges is the gathering spot for judges, attorneys and industry professionals. Take advantage of this captive audience by getting YOUR name in front of them at two of the key events. Please take a few moments to consider this request. A sponsorship from you will provide maximum exposure to your firm at a well-attended and highly respected professional event. The caliber of programming implemented by the CLLA Bankruptcy Section at the National Conference of Bankruptcy Judges is excellent.
Am information sheet is attached.
"Attorneys and the Banrkruptcy Reform Act of 2001: Understanding the Imposition of Sanctions Against Debtors' Counsel" (106 Com.L.J. 241 (2001)) is now available for download.
The CLLA has published a summary entitled "Exceptions to the General Effective Date of S. 256, The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S. 256). This document has been updated to reflect the fact that President Bush signed the bill on Wednesday, April 20, 2005.
S. 256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Act") provides, at Section 1501, a general effective date of 180 days from the date of enactment. Section 1501 further provides that the Act’s amendments are applicable only to cases filed on or after the effective date. The following is a summary of the provisions of the Act for which there is an exception to the general effective date.
In a February 16, 2005 letter to Senate leaders, a group of bankruptcy law professors said the current law "provides crucial aid to families overwhelmed by financial problems." The professors argued that abuses are relatively rare, and said the bill "seeks to shoot a mosquito with a shotgun."
