Appendix D: ABI Commission on Consumer Bankruptcy Committee Operating Procedures

• Jurisdiction: United States

Appendix D: ABI Commission on Consumer Bankruptcy Committee Operating Procedures

I. Introduction

The ABI president has charged the Commission on Consumer Bankruptcy Laws (“Commission”) with the following task:

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 fulfill its mission, the Commission has established three committees: (1) Committee on Case Administration & the Estate, (2) Committee on Chapter 7, and (3) Committee on Chapter 13. It is the Commission’s intent that the committees will take the lead in research and drafting the proposals the Commission will consider.

II. Committee Membership

Each committee is composed of approximately fifteen persons, including five members of the Commission. Pursuant to the resolution of the ABI board of directors authorizing the Commission, the ABI president has appointed the members of each committee as well as a chair for each committee.

All commissioners, including the Commission co-chairs and ex-officio Commission members, may participate in any committee meeting, but only committee members may vote on committee matters. Commissioners participating in the meeting of a committee of which they are not a member should be mindful that the decisions of the committee are made only by its members and that the principal discussion should be among the committee members. Each committee may determine the extent to which individuals other than committee members and commissioners may participate in a committee meeting.

A. Ethical Duties

By agreeing to serve, each committee member commits to making his or her best effort to participate in meetings and make meaningful contributions to the committee’s work. Committee members may not delegate their responsibilities. These guidelines are not intended to prevent committee members from receiving assistance such as research or advice from associates, law clerks, and research assistants.

The Commission’s work is a law reform project, intended to further the purposes of the ABI “to support the analysis of insolvency issues,” as stated in article I of its bylaws. Model Rule of Professional Conduct 6.4...