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Vol 12, Num 2 l June 2015

Technology and Intellectual Property

► In This Issue:

A Conversation with Professor Michelle M. Harner


Prof. Michelle M. Harner
University of Maryland School of Law
Baltimore, MD

At the 33rd Annual Spring Meeting in Washington, D.C., ABI presented Professor Michelle M. Harner of the University of Maryland Francis King Carey School of Law with its highest membership award, the ABI Annual Service Award. As the official Reporter for the ABI Commission to Study the Reform of Chapter 11, Prof. Harner supported the Commission in all aspects of its vast effort to study current practice under chapter 11 and make recommendations for legislative reform. Prof. Harner kindly agreed to speak with me about her work with the Commission for this edition of the ABI Legislation Committee Newsletter. Below are some excerpts from our conversation.

Q. What was your role with the ABI Commission to Study the Reform of Chapter 11?

A. I served as the Reporter for the Commission, which entailed a number of responsibilities. I attended all of the Commission-level meetings. I attended many, although certainly not all, of the Advisory Committee meetings. And then I also attended the public field hearings. We had 17 field hearings in 11 different cities during the course of about 2 ½ years. And for all of those three components — the Commission hearings, the Advisory Committee meetings, and the field hearings — I was tasked with helping the Commission research, prepare, and think about the road ahead. We had a massive research database that included articles, empirical studies and case law on chapter 11; we also had Commission-level white papers, Advisory Committee research memoranda and over 800 pages of witness testimony. It was a massive amount of information, but all of it was extremely valuable to the Commission and the project. So I worked to review and synthesize the materials for the Commission, and help the Commission use it as thoughtfully as we could in the deliberations. I basically did whatever I could as Reporter to help facilitate a thoughtful, informed, and very robust dialogue among the Commissioners about the chapter 11 process. And then when it came down to memorializing the decisions, I worked very closely with the Commissioners to draft the Report. I also should note that I had wonderful support from my student research assistants and three very talented young lawyers, Leah Barteld Clague, Jennifer Ivey-Crickenberger and Sabina Jacobs.
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Free Webinar Announced: Practical Impact of Preference Actions

Hosted by the Young and New Members & Bankruptcy Litigation Committees. The ABI Commission Report proposes some significant changes to the Bankruptcy Code, and the preferential transfer statute in Section 547 is no exception.  This webinar explores the rationale behind the recommendations, such as the good faith belief for filing a demand letter or preference complaint, the increase in the statutory minimum to bring a preference action, and more.  Most importantly, the panel will assess the practical effects and foreseeable impact of implementing these recommendations.  This webinar is a must-attend for attorneys who regularly represent creditors, liquidating trustees, and panel trustees in preference actions.

Register today!
This webinar is free thanks to the generous support of these sponsors:

New and Improved! ABI's Committee Website has Moved

You may have noticed a few changes to the committee site over the last week, including a new location. The committees' webpages have now been integrated into the main ABI website. To access these new pages, simply visit, hover over the "Membership" tab, and click on "Committees." Here, you will be able to access newsletter articles, recent recordings, announcements, listserve activity and contact information for your leadership team.

Not sure of what committees you are a member? Update your profile, select the "Committees" tab and use the check boxes to update your status. While you're here, take a few moments to update your full preferences, including CLE and bar information, contact information, title, and more. Uploading a professional photo is also a great way to make yourself more visible in the directory. Not only will your photo be included in the directory, but ABI staff will also have it available for use with any future article or speaking bylines.

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