POSITION PAPERS

CLLA Bankruptcy Section

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POSITION PAPERS

CLLA Bankruptcy Section

Find A CLLA Attorney

Find A CLLA Certified Agency

Find A CLLA Agency

Find A CLLA Professional

Position Papers

2016

February 23, 2016
Hill Day 2016 – Preference Reform
The Bankruptcy Section of the CLLA has written the following position paper on the issue of Preference Reform. The CLLA Board of Governors has approved this paper and the position presented is now the official position of the Commercial Law League of America on this issue. Representatives of the CLLA & the Bankruptcy Section presented this position to legislators and others in Washingto DC as part of the CLLA’s Hill Day Event, February 28 – March 1, 2016. For more information on the Bankruptcy Section please click here, or contact us for more information on how you can get involved with the CLLA Legislative Efforts.  (Download)

February 18, 2016
Hill Day 2016 – FDCPA Expansion
The Creditors Rights Section of the CLLA has written the following position paper on the issue of FDCPA and how it relates to Commercial Collections. The CLLA Board of Governors has approved this paper and the position presented is now the official position of the Commercial Law League of America on this issue. The CRS will present this position to legislators and others in Washingto DC as they join the Bankruptcy Section for Hill Day 2016. (Download)

For more information on the Creditors Rights Section please click here, or for information on the FDCPA Position or how you can get involved, please Contact Us.

February 05, 2016
Hill Day 2016 – Venue Reform
CLLA has long since had a strong position on Venue Reform. (Download)
In addition to the position paper below, please view a variety of resources in the CLLA’s Venue Reform Workroom.

2015

August 05, 2015
Preference Reform 2015 (Download)

July 17, 2015
Hill Day 2015 – Venue Reform Papers
The Commercial Law League hosts an annual event on Capital Hill. This year the event took place in March and focused on Venue Reform. The event agenda included:

  • Venue Reform Legislation
  • Meetings with legislators, staff, regulators, embassies and other key decision makers
  • Exclusive Networking Opportunities and more!

Several position papers have been written on the issues relating to Venue Reform. CLLA has also formed a committee for Venue Reform which is working throughout the year on this issue.

Read the papers:
Venue Reform Position Paper 1876-001 (Download)
Venue Reform Position Paper 1878-001 (Download)
Venue Reform Position Paper 1879-001 (Download)
Venue Reform Position Paper 1880-001 (Download)

For further information please contact:

Daniel C. Kerrick
Chair, National Government Affairs Committee
Email: dckerrick@dkhogan.com

Douglas B. Rosner, Esq.
Email: drosner@goulstonstorrs.com
Commercial Law League of America

Bankruptcy Section

The Bankruptcy Section (BKS) was founded to promote excellence in the practice of bankruptcy and insolvency law. Its members are amongst the highest regarded bankruptcy attorneys in the United States.

READ MORE

Creditors' Rights Section

The Creditors’ Rights Section (CRS) was founded to promote excellence amongst those professionals who represent creditors in the field of commercial collections and receivables recovery and provide a high level of education to those professionals.

READ MORE

Agency Members Section

The Agency Members Section (AMS) gives a voice for all the CLLA Agency Members to share ideas and thoughts on national education, legislative advocacy, and how best to serve the collection agency constituency.

READ MORE

Young Members Section

The Young Members’ Section (YMS) is mandated to engage and retain members and often provides leadership opportunities for new members of the League as well as for new professionals in the industry.

READ MORE

Association Of Law List Publishers

The Association of Law List Publishers (ALLP), established in 1935, is an organization of the publishers of reference directories which contain names of lawyers handling commercial and consumer debt recovery, bankruptcy and creditors’ rights law matters. The members of the Association continually work to promote the Commercial Law League of America, the triadic system and to enhance the creditors’ rights practices of their listees.

READ MORE

REFER A MEMBER

If you are a member, receive a $50 Visa Gift Card for every member you refer who joins! CLICK HERE to refer a new member.

Candice L. Kline, Esq.

Read Candice’s article, LTL Management and the Third Circuit: Financial Distress Required for Good Faith Filings at the CLLA Bankruptcy Blog.

Jeffrey N. Schatzman, Esq.

Read Jeffrey’s article Florida Supreme Court Confirms Zero-Tolerance For Misleading UCC Filings at the CLLA Bankruptcy Blog.

Peter J. Klock, II

Read Peter’s article, Evaluating Fraudulent Transfer Liability for Pass-Through Tax Distributions – Start with the F-Squared Opinion at the CLLA Bankruptcy Blog.

2012

May 25, 2012
CLLA Comments On The CFPB’s Proposed Rule
The CLLA has issued a statement on the rule proposed by the Consumer Financial Protection Bureau regarding the Confidential Treatment of Privileged Information (the “Proposed Rule”). In a letter sent to CFPB on May 21, the League stressed its belief that the rule directly contradicts attorney-client privilege and the work product doctrine. Click here (download) to read the CLLA’s statement.

2010

March 02, 2010
Commercial Law League Of America Expresses Opposition To Proposed Bankruptcy Rule Changes
In a letter (download) sent to the Committee on Rules of Practice and Procedure in mid-February, 2010, the CLLA’s Bankruptcy Section Legislative Committee expressed a strong opposition to the proposed changes, which would require additional supporting information and documentation to be filed with proofs of claim in cases in which the debtor is an individual.
Written by Stephen Sather and David Leigh.

March 02, 2010
Commercial Law League of America Opposes Creation of CFPA Regulatory Agency 
The Commercial Law League of America is encouraging the Committee on Banking, Housing & Urban Affairs to abandon plans to give the proposed Consumer Financial Protection Agency (CFPA) the power to regulate attorneys.

In a letter (download) sent last week to Committee on Banking, Housing & Urban Affairs chairman Sen. Christopher Dodd (D-Conn.), the CLLA’s Bankruptcy Section Legislative Committee noted that the current draft of the Title X Consumer Financial Protection Agency Act contains an exception that says the CFPA wouldn’t be authorized to prescribe rules for licensed attorneys.

However, for the exception to be valid, a consumer financial product or service must be within the relationship that the attorney has with a consumer. Because the CFPA will have the right to determine what is within the attorney-client relationship, the CLLA feels the exception is troubling.

The CLLA supports the current system, in which attorneys are subject to supervision and discipline by bar associations and courts at the state level, and does not recognize a need for federal regulation. It has strongly urged the Committee on Banking, Housing & Urban Affairs to remove the section involving the CFPA’s proposed regulatory powers to maintain and preserve the sanctity of the attorney-client relationship.

The CLLA’s Bankruptcy Section — which is comprised of approximately 500 bankruptcy lawyers and judges from across the U.S. — supports creditors’ efforts to seek distribution on their bankruptcy-related claims and works to promote fair and equitable bankruptcy policy.

March 01, 2010
Opposition to Tennessee State Senate Bill 3862/House Bill 3817
A white paper in Opposition of the Adoption of Senate Bill 3862/House Bill 3817 as drafted (download)
Endorsed by the Tennessee Creditors Rights Section of the Tennessee Bar Association
Written by: Thomas B. Norris, Jr., David Mendelson, Barry J. Gammons, Brie Wallace

2007

September 28, 2007
CLLA Members submit White Paper to Federal Trade Commission
With the release of the “White Paper,” authors Manuel H. Newburger, Ed Walton and Barbara M. Barron urge the FTC to support a modernization of the 30 year old FDCPA. The proposed changes to the Act would reflect current and future technology issues. The CLLA is also recommending a change in the Act to preserve vital common law immunities from liability for the contents of pleadings and witness testimony. Paper can be found here (download).

2006

August 15, 2006
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Link (Download)

Position Papers

2016

February 23, 2016
Hill Day 2016 – Preference Reform
The Bankruptcy Section of the CLLA has written the following position paper on the issue of Preference Reform. The CLLA Board of Governors has approved this paper and the position presented is now the official position of the Commercial Law League of America on this issue. Representatives of the CLLA & the Bankruptcy Section presented this position to legislators and others in Washingto DC as part of the CLLA’s Hill Day Event, February 28 – March 1, 2016. For more information on the Bankruptcy Section please click here, or contact us for more information on how you can get involved with the CLLA Legislative Efforts.  (Download)

February 18, 2016
Hill Day 2016 – FDCPA Expansion
The Creditors Rights Section of the CLLA has written the following position paper on the issue of FDCPA and how it relates to Commercial Collections. The CLLA Board of Governors has approved this paper and the position presented is now the official position of the Commercial Law League of America on this issue. The CRS will present this position to legislators and others in Washingto DC as they join the Bankruptcy Section for Hill Day 2016. (Download)

For more information on the Creditors Rights Section please click here, or for information on the FDCPA Position or how you can get involved, please Contact Us.

February 05, 2016
Hill Day 2016 – Venue Reform
CLLA has long since had a strong position on Venue Reform. (Download)
In addition to the position paper below, please view a variety of resources in the CLLA’s Venue Reform Workroom.

2015

August 05, 2015
Preference Reform 2015 (Download)

July 17, 2015
Hill Day 2015 – Venue Reform Papers
The Commercial Law League hosts an annual event on Capital Hill. This year the event took place in March and focused on Venue Reform. The event agenda included:

  • Venue Reform Legislation
  • Meetings with legislators, staff, regulators, embassies and other key decision makers
  • Exclusive Networking Opportunities and more!

Several position papers have been written on the issues relating to Venue Reform. CLLA has also formed a committee for Venue Reform which is working throughout the year on this issue.

Read the papers:
Venue Reform Position Paper 1876-001 (Download)
Venue Reform Position Paper 1878-001 (Download)
Venue Reform Position Paper 1879-001 (Download)
Venue Reform Position Paper 1880-001 (Download)

For further information please contact:

Daniel C. Kerrick
Chair, National Government Affairs Committee
Email: dckerrick@dkhogan.com

Douglas B. Rosner, Esq.
Email: drosner@goulstonstorrs.com
Commercial Law League of America

Bankruptcy Section

The Bankruptcy Section (BKS) was founded to promote excellence in the practice of bankruptcy and insolvency law. Its members are amongst the highest regarded bankruptcy attorneys in the United States.

READ MORE

Creditors' Rights Section

The Creditors’ Rights Section (CRS) was founded to promote excellence amongst those professionals who represent creditors in the field of commercial collections and receivables recovery and provide a high level of education to those professionals.

READ MORE

Agency Members Section

The Agency Members Section (AMS) gives a voice for all the CLLA Agency Members to share ideas and thoughts on national education, legislative advocacy, and how best to serve the collection agency constituency.

READ MORE

Young Members Section

The Young Members’ Section (YMS) is mandated to engage and retain members and often provides leadership opportunities for new members of the League as well as for new professionals in the industry.

READ MORE

Association Of Law List Publishers

The Association of Law List Publishers (ALLP), established in 1935, is an organization of the publishers of reference directories which contain names of lawyers handling commercial and consumer debt recovery, bankruptcy and creditors’ rights law matters. The members of the Association continually work to promote the Commercial Law League of America, the triadic system and to enhance the creditors’ rights practices of their listees.

READ MORE

REFER A MEMBER

If you are a member, receive a $50 Visa Gift Card for every member you refer who joins! CLICK HERE to refer a new member.

Candice L. Kline, Esq.

Read Candice’s article, LTL Management and the Third Circuit: Financial Distress Required for Good Faith Filings at the CLLA Bankruptcy Blog.

Jeffrey N. Schatzman, Esq.

Read Jeffrey’s article Florida Supreme Court Confirms Zero-Tolerance For Misleading UCC Filings at the CLLA Bankruptcy Blog.

Peter J. Klock, II

Read Peter’s article, Evaluating Fraudulent Transfer Liability for Pass-Through Tax Distributions – Start with the F-Squared Opinion at the CLLA Bankruptcy Blog.

2012

May 25, 2012
CLLA Comments On The CFPB’s Proposed Rule
The CLLA has issued a statement on the rule proposed by the Consumer Financial Protection Bureau regarding the Confidential Treatment of Privileged Information (the “Proposed Rule”). In a letter sent to CFPB on May 21, the League stressed its belief that the rule directly contradicts attorney-client privilege and the work product doctrine. Click here (download) to read the CLLA’s statement.

2010

March 02, 2010
Commercial Law League Of America Expresses Opposition To Proposed Bankruptcy Rule Changes
In a letter (download) sent to the Committee on Rules of Practice and Procedure in mid-February, 2010, the CLLA’s Bankruptcy Section Legislative Committee expressed a strong opposition to the proposed changes, which would require additional supporting information and documentation to be filed with proofs of claim in cases in which the debtor is an individual.
Written by Stephen Sather and David Leigh.

March 02, 2010
Commercial Law League of America Opposes Creation of CFPA Regulatory Agency 
The Commercial Law League of America is encouraging the Committee on Banking, Housing & Urban Affairs to abandon plans to give the proposed Consumer Financial Protection Agency (CFPA) the power to regulate attorneys.

In a letter (download) sent last week to Committee on Banking, Housing & Urban Affairs chairman Sen. Christopher Dodd (D-Conn.), the CLLA’s Bankruptcy Section Legislative Committee noted that the current draft of the Title X Consumer Financial Protection Agency Act contains an exception that says the CFPA wouldn’t be authorized to prescribe rules for licensed attorneys.

However, for the exception to be valid, a consumer financial product or service must be within the relationship that the attorney has with a consumer. Because the CFPA will have the right to determine what is within the attorney-client relationship, the CLLA feels the exception is troubling.

The CLLA supports the current system, in which attorneys are subject to supervision and discipline by bar associations and courts at the state level, and does not recognize a need for federal regulation. It has strongly urged the Committee on Banking, Housing & Urban Affairs to remove the section involving the CFPA’s proposed regulatory powers to maintain and preserve the sanctity of the attorney-client relationship.

The CLLA’s Bankruptcy Section — which is comprised of approximately 500 bankruptcy lawyers and judges from across the U.S. — supports creditors’ efforts to seek distribution on their bankruptcy-related claims and works to promote fair and equitable bankruptcy policy.

March 01, 2010
Opposition to Tennessee State Senate Bill 3862/House Bill 3817
A white paper in Opposition of the Adoption of Senate Bill 3862/House Bill 3817 as drafted (download)
Endorsed by the Tennessee Creditors Rights Section of the Tennessee Bar Association
Written by: Thomas B. Norris, Jr., David Mendelson, Barry J. Gammons, Brie Wallace

2007

September 28, 2007
CLLA Members submit White Paper to Federal Trade Commission
With the release of the “White Paper,” authors Manuel H. Newburger, Ed Walton and Barbara M. Barron urge the FTC to support a modernization of the 30 year old FDCPA. The proposed changes to the Act would reflect current and future technology issues. The CLLA is also recommending a change in the Act to preserve vital common law immunities from liability for the contents of pleadings and witness testimony. Paper can be found here (download).

2006

August 15, 2006
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Link (Download)

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