A summary of selected proposals made by the ABI Commission to Study the Reform of Chapter 11 that would have the greatest potential impact on secured creditors and distressed investors, and their practical implications.
Following its extensive three-year study, the ABI Commission to Study the Reform of Chapter 11 (Commission) recently released a landmark report proposing over 200 significant changes to Chapter 11 of the Bankruptcy Code. Many of the Commission's proposals focus on the role of secured creditors in large Chapter 11 cases. While some of these proposals may be beneficial to secured creditors, others may diminish secured creditors' rights relative to their rights under current law.