Appendix C: ABI Commission on Consumer Bankruptcy Bylaws

• Jurisdiction: United States

Appendix C: ABI Commission on Consumer Bankruptcy Bylaws

The American Bankruptcy Institute (ABI) has created the Commission on Consumer Bankruptcy (Commission):

The Commission is charged with recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure. These changes might include amendments to the Bankruptcy Code, changes to the Federal Rules of Bankruptcy Procedure, administrative rules or actions, recommendations on proper interpretations of existing law, and other best practices that judges, trustees, and lawyers can implement.

To aid in carrying out this task, the Commission has adopted these bylaws.

I. Membership

a. The Commission shall consist of the co-chairs and the initial commissioners appointed by the ABI president-elect, ex-officio commissioners, and commissioners appointed to fill vacancies pursuant to paragraph f. Ex officio members have no vote but may attend and participate in Commission meetings.

b. The following persons shall be ex-officio members of the Commission: (i) Eugene Wedoff, (ii) Edward T. Gavin, (iii) the executive director of the ABI, (iv) a representative of the U.S. Trustee’s Office, and (v) a representative of the Internal Revenue Service.

c. By agreeing to serve on the Commission, each commissioner commits to making his or her best effort to participate in meetings and make meaningful contributions to the Commission’s work.

d. Commissioners may not delegate their responsibilities. This paragraph does not prevent commissioners from receiving assistance such as research or advice from colleagues, associates, law clerks, and research assistants.

e. A co-chair or commissioner may be removed only for cause and only by a vote representing two-thirds of the other commissioners. A commissioner who is removed for cause shall also cease to be a member of any committees of the Commission to which the commissioner was appointed.

f. If a vacancy on the Commission arises other than in one of the co-chairs, the ABI president shall consult with the co-chairs. After consultation, the ABI president may, but is not required to, appoint a new commissioner. In the absence of a vacancy, the ABI president may not appoint any new commissioners.

g. If a vacancy arises in one of the co-chairs, the commissioners shall elect one of their number to serve as a co-chair. The resulting commissioner vacancy may, but is not required to, be filled pursuant to paragraph f.

II. Ethics

a. The Commission’s...