On December 8, 2014, the American Bankruptcy Institute (ABI) Commission to Study the Reform of Chapter 11 released its Final Report and Recommendations for amendment to the current Bankruptcy Code. The proposals are significant, and on the whole, largely harmful to the rights of secured creditors.
While the proposals face a long path before becoming law, the ABI is an important voice and it is likely that certain parties will utilize many of the policies and recommendations contained in the Report to influence courts. As we have seen over the recent past, some judges may be moved by such arguments. It is therefore critical for all secured creditors to understand the proposed amendments and their impact on secured credit.
The attached compendium of Chapman client alerts contains in-depth analysis of certain key provisions that are most likely to significantly affect the rights of secured creditors. We hope that having these alerts will assist our clients in understanding the Report's proposals and their implications for secured creditors.