Revised: August 12, 1997
The National Bankruptcy Review Commission is an independent commission established pursuant to the Bankruptcy Reform Act of 1994, Pub. L. No. 103-394, 108 Stat. 4106. The Commission was created to:
- investigate and study issues relating to the Bankruptcy Code;
- solicit divergent views of parties concerned with the operation of the bankruptcy system;
- evaluate the advisability of proposals with respect to such issues; and
- prepare a report to be submitted to the President, Congress and the Chief Justice not later than two years after the date of the first meeting.
The report, which is due October 20, 1997, must contain a detailed statement of the Commissionís findings and conclusions together with recommendations for legislative or administrative action. To fund its operations, the legislation authorized $1.5 million, of which $1.494 million has been appropriated.
The members comprising the Commission were appointed by the President, Congress and Chief Justice. It was originally chaired by former Representative Mike Synar (D-OK) who resigned on December 19, 1995 and died on January 9, 1996. On March 29, 1996, Brady C. Williamson, Esq. of Madison, WI was appointed by the President to be the Chair. The other members of the Commission are Vice Chair Hon. Robert E. Ginsberg, U.S. Bankruptcy Judge, IL; Jay Alix, CPA, MI; M. Caldwell Butler, Esq., a former Member of Congress, VA; Babette A. Ceccotti, Esq., NY; John A. Gose, Esq., WA; Jeffrey Hartley, Esq., AL; Hon. Edith Hollan Jones, U.S. Circuit Judge, Fifth Circuit, TX and James I. Shepard, Esq., CA.
Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School, is the Reporter/Consultant as well as a Senior Advisor for the Commission. Lawrence P. King, Charles Seligson Professor of Law at New York University School of Law, and Stephen H. Case, Esq. serve as Commission Senior Advisors. Lynn LoPucki, A. Robert Noll Professor of Law at Cornell University Law School, is a Senior Advisor/Data Project for the Commission. Susan Jensen-Conklin is General Counsel for the Commission. Elizabeth I. Holland and Melissa B. Jacoby serve as Staff Attorneys and Jennifer Frasier and George Singer are
Volunteer Staff Attorneys for the Commission.. Judith K. Benderson is Legislative Counsel. In addition, the Commission is staffed by Carmelita Pratt, Administrative Officer, and Joseph A. Kuehne, Administrative Assistant.
The Commission is authorized to conduct public meetings at which testimony and other evidence may be taken, the minutes of which are available upon request and payment of photocopying and mailing expenses. The Commission is also empowered to obtain official data from any federal agency, department or court necessary to the implementation of its duties. Gifts and donations of property and services may be accepted by the Commission.
Subject to final determination by the Commission, as well as time and funding limitations, topics that may be considered include bankruptcy case administration, consumer bankruptcy, environmental matters, business bankruptcy, issues relating to tax, banking, insurance, mass torts and future claims, municipal bankruptcies, and international bankruptcy law.
For further information, contact the Commission staff at the above address and access numbers.