The National Association of Credit Management: Legal Workshop Series


Teleconference: The ABI Bankruptcy Reform Commission Speaks!
NACM Teleconference


The ABI Bankruptcy Reform Commission Speaks! Hot off the Presses!


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Time: 3:00 - 4:00 pm EST
Cost: $99.00 per line

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Bankruptcy reform has been much discussed and its impact on trade creditor rights could be significant. On December 6, the ABI Commission on the Reform of Chapter 11, established by the American Bankruptcy Institute to study and make recommendations for the reform of Chapter 11 of the U.S. Bankruptcy Code, will be presenting its recommendations to change this country's bankruptcy laws. The Commission held numerous hearings to solicit the views of many of the constituencies that would be affected by bankruptcy reform. That included a Commission hearing at NACM's 117th Credit Congress held on May 21,2013 in Las Vegas when several credit professionals testified on their experiences with Section 503(b)(9's priority claim for goods delivered within 20 days of bankruptcy and preference claims and offered suggestions for reform, and a follow up session with representatives of the Commission at NACM's Credit Congress held on June 10, 2014 in Orlando, Florida to hear the concerns of Credit Congress attendees on issues of interest to them, as trade creditors, including preferences, Section 503(b)(9) priority claims, unsecured creditors' committees and other issues of interest to trade creditors. This program will discuss the Commission's report and recommendations for changes to the Bankruptcy Code that are of interest to and may have a profound impact on the rights of trade creditors, in particular the impact on Section 503(b)(9) priority rights, preference claims, unsecured creditors' committees and other trade creditor rights. There will also be a discussion of how the recommendations will affect other classes of unsecured creditors, secured lenders, and bankruptcy practitioners, such as trustees and other bankruptcy professionals.


Bruce S. Nathan, Esq. is a partner of Lowenstein Sandler LLP in the firm's bankruptcy, financial reorganization and creditors' rights group. Bruce has more than thirty years' experience in the bankruptcy, restructuring and insolvency field and is a recognized national expert on trade creditor rights and the representation of trade creditors in bankruptcy, insolvency and other legal matters.. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors and other interested parties in many of the larger Chapter 11 cases that have been filed, and is currently representing the liquidating trustee and previously represented the creditors' committee in the Borders chapter 11 case. Bruce is co-chair of the Avoiding Powers Committee that is working with the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11 and also participated in ABI's Great Debates at their 2010 Annual Spring Meeting, arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors, and was a panelist for a session sponsored by the ABI and co-sponsored by Georgetown University Law Center. He is also a member of ABI's Board of Directors and is a former Co-Chair of ABI's Unsecured Trade Creditor Committee. He is also the author of ABI's Trade Creditor Remedies Manual: Trade Creditor Rights under the UCC and Bankruptcy Code and contributes to ABI Journal's Last in Line Column . Bruce is also a member of NACM's Government Affairs Committee, is a regular contributor to NACM's Business Credit, is a contributing editor of NACM's Manual of Credit and Commercial Laws, and has co-authored The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: an Overhaul of U.S. Bankruptcy Law, published by NACM. He also spoke at the 4th China International Credit and Risk Management Conference on the People's Republic of China's 2006 Law on Enterprise Bankruptcy. In 2011, Bruce received the Top Hat award, a prestigious award honoring professionals in the credit industry. He received his BA from the University of Rochester, his JD from the University of Pennsylvania Law School and his MBA from the Wharton School of Finance and Business.

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