Bloomberg BNA hosted the 2015 Outlook on Bankruptcy: “What’s Ahead for Chapter 11 Reform” on Jan. 29, 2015. Members of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 participated on panels examining recommendations made in the commission’s final report. Topics included treatment of executory contracts and leases, derivatives and safe harbor provisions, recommendations on small and medium-sized enterprises, asset sales, and plan voting and confirmation issues.

Part 1

Treatment of Executory Contracts and Leases, Financial Contracts, Derivatives, Safe Harbor Provisions, Avoiding Powers and Administrative Claims


Prof. Michelle M. Harner
University of Maryland School of Law, Baltimore; Reporter, Commission to Study the Reform of Chapter 11
Prof. Stephen Lubben
Seton Hall University Law School
Harold S. Novikoff
Wachtell, Lipton, Rosen & Katz

Part 2

Recommendations on Small and Medium-Sized Enterprises, Estate Neutral Concepts, Financing the Case, DIP Financing and Related Issues


Jack Butler
Hilco Global
Robert J. Keach
Bernstein Shur; Co-chair of the Commission to Study the Reform of Chapter 11
Albert Togut
Togut, Segal & Segal, LLP; Co-chair of the Commission to Study the Reform of Chapter 1

Part 3

Sales, Including Sales of All or Substantially All of Assets of the Business Value Determinations, Allocation and Distribution Plan Voting and
Confirmation Issues


Hon. Arthur J. Gonzalez
New York University Law School, U.S. Bankruptcy Court, Southern District of New York (ret.)
James P. Seery
RiverBirch Capital
Fredric Sosnick
Shearman & Sterling LLP

WEBINAR - Presentation of the FINAL REPORT

abi LIVE

Purchase Recording Here. (CLE credit where available)

Recorded On: Wednesday, December 10, 2014


The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of more than two years of testimony, advisory reports and deliberations. In this 90-minute webinar, several members of the Commission and the official reporter will present the key findings as submitted to Congress. Written materials will be provided.


William A. Brandt
Babette A. Ceccotti
Prof. Michelle M. Harner
Robert J. Keach
Prof. Kenneth N. Klee
Richard B. Levin
Albert J. Togut
Deborah D. Williamson

Broadcast Media Coverage of the Ch 11 Reform Report Release

ABI Chapter 11 Reform Report Release @ The National Press Club

Replay - Presentation from 2014 Winter Leadership Conference

Winter Leadership Conference

Palm Springs, California



Robert J. Keach, Moderator
Prof. Michelle M. Harner
Albert J. Togut
William (Bill) A. Brandt Jr.
Jack Butler
Prof. Kenneth N. Klee
James H.M. Sprayregen
Bettina M. Whyte
Deborah D. Williamson
Sheila T. Smith
Geoffrey L. Berman
James T. Markus

Session REPLAY

Preview of the Bankruptcy Commission Report

NCBJ Commission Debates 2014

Transcript of Proceedings
PDF, Word Docx

Why Reform? Why Now?

This short video identifies some key findings of the Commission to date. The Commission is in its deliberative phase, with a final report to Congress and the public in December.

ABI Illinois Symposium on Chapter 11 Reform

Kirkland & Ellis Conference Center
300 N. LaSalle St., Chicago, IL 60654
April 3-5, 2014


The ABI Commission to Study the Reform of Chapter 11 is considering a host of legal issues implicating both the Bankruptcy Code and U.S. Constitutional law, particularly with respect to the treatment of secured creditors’ rights. To advance the dialogue on these important issues, ABI and the University of Illinois College of Law have assembled a galaxy of scholars to present academic papers on issues related to the Commission's work. Members of the Commission will join these scholars in a critique of the papers and a lively debate over the consequences of the increased importance of secured credit to modern restructuring law. The papers will be published in a forthcoming issue of the University of Illinois Law Review.

House Committee on Judiciary Hearing

Exploring Chapter 11 Reform: Corporate and Financial Institution Insolvencies; Treatment of Derivatives

March 26 2014

Subcommittee on Regulatory Reform, Commercial and Antitrust Law


U.S. Bankruptcy Court for the District of Delaware

Partner Cleary Gottlieb Steen & Hamilton LLP (57.3 KBs)

General Counsel and Partner
Millstein & Co.

William E. Simon School of Business
University of Rochester (264.8 KBs)

Co-Director, Business Law Program
University of Maryland Francis King Carey School of Law (407.1 KBs)


Related Files
Hearing Transcript - HJU085050.doc (132.5 KBs)

Field Hearing at CFRP/Wharton, Thursday, November 7

10th Annual Complex
Financial Restructuring

The Wharton School
University of Pennsylvania,
Philadelphia, PA

Witness List



Transcript of Proceedings

Field Hearing at NCBJ Annual Meeting, Friday, November 1

Field Hearing at SABA/NAAG Annual Seminar, Tuesday, October 8

SABA/NAAG Annual Seminar

Hotel Santa Fe, Santa Fe, N.M.


Transcript of Proceedings

Click HERE to download and listen to the audio recording

Field Hearing at AIRA Annual Meeting, Friday, June 7

AIRA Annual Meeting

Westin Chicago River North; Chicago, Illinois

Witness List

Opening Statement


Stephen Darr
Grant Newton
Grant Stein

Transcript of Proceedings

Field Hearing at New York Institute of Credit, Tuesday, June 4

Field Hearing at NACM, Tuesday, May 21

National Association of Credit Management

Rio Hotel; Las Vegas

Witness List


Transcript of Proceedings

Field Hearing at NYC; Wednesday, May 15

Association of the Bar of the City of New York

42 West 44th Street

Witness List

Opening Statement


Transcript of Proceedings

Field Hearing at ASM; Friday, April 19

Field Hearing at ACB; Thursday, March 14

Field Hearing at Las Vegas, Nevada; February 21, 2013

VALCON 2013:

Contested Valuation Issues in Bankruptcy

Las Vegas, Nevada

Witness List


Hon. Robert Drain
Hon. Gregg Zive

Eric Sigert

Transcript of Proceedings

Click here to view the testimony of each panel

Field Hearing at WLC; November 30, 2012

ABI Winter Leadership Conference

Tucson, Arizona



Exhibits to Shapiro Statement


Transcript of Proceedings

Click here to view the testimony of each panel

Field Hearing at CFA; November 15, 2012

CFA Annual Convention




Ronald Barliant



Transcript of Proceedings

Click here to view the testimony of each panel

Field Hearing at NCBJ; October 26, 2012

Field Hearing at LSTA; October 17, 2012

Topic Areas of Study