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National Bankruptcy Conference
[edit]The National Bankruptcy Conference (NBC) is a nonpartisan, nonprofit organization of approximately 60 judges, lawyers, and academics. The NBC's primary mission is to advise the U.S. Congress on improvement of the bankruptcy laws. The NBC also comments on proposed changes to the Federal Rules of Bankruptcy Procedure and writes position papers on matters of bankruptcy policy. NBC membership is by invitation only.
History
[edit]The NBC came together in the 1930s around a group of bankruptcy scholars and practitioners who advised Congress on needed changes to the bankruptcy laws because of the Great Depression.[1] That effort led to the Chandler Act, which is the forerunner to today's chapter 11 business reorganization procedure.
In the decades after World War II, the NBC influenced the development of bankruptcy legislation. For example, Congress adopted its recommendations in 1952 bankruptcy legislation[2] and in 1969 took up consideration of an NBC-sponsored about consumer bankruptcy.[3] The NBC and its members participated in the Commission on the Bankruptcy Laws of the United States and the subsequent debates that led up to the Bankruptcy Reform Act of 1978, which enacted the current U.S. Bankruptcy Code.[4]
In 1994, the NBC published Reforming the Bankruptcy Code: The National Bankruptcy Conference's Code Review Project which recommended reforms throughout the Bankruptcy Code.[5] The book and NBC conferees influenced the National Bankruptcy Review Commission whose recommendations led to the extensive 2005 changes to the U.S. bankruptcy law.[6]
The NBC was an important advocate to make bankruptcy a more effective tool for small businesses, an effort that culminated in the 2019 enactment of a new subchapter for small business debtors.[7]
Current Work
[edit]NBC confereees have expertise across all aspects of bankruptcy. About half of its members are practicing bankruptcy lawyers with expertise in large corporate chapter 11s, consumer bankruptcies, small-business bankruptcies, and farm bankruptcies. The other half are federal court judges or academics specializing in bankruptcy law.[8] The NBC as a whole meets twice annually and issues recommendations as issues arise.[9] In 2026, the NBC issued recommendations to raise the debt caps in consumer and small-business bankruptcies[10] and wrote a letter urging Congress to overturn the result in Bartenwerfer v. Buckley to protect innocent spouses from the fraudulently incurred debts of their partners.[11]
References
[edit]- ^ McLaughlin, James (1937-04-01). "Aspects of the Chandler Bill to Amend the Bankruptcy Act". University of Chicago Law Review. 4 (3). doi:10.2307/1596436. ISSN 0041-9494. JSTOR 1596436.
- ^ Degnan, R. E.; Meyers, C. J. (1954). "Second Thoughts on the Second Act of Bankruptcy: An Open Letter to the National Bankruptcy Conference". University of Pennsylvania Law Review. 102 (7): 884. doi:10.2307/3310080. ISSN 0041-9907. JSTOR 3310080 – via JSTOR.
- ^ Note (1970). "Effectuating the Purposes of Chapter XIII of the Bankruptcy Act". Maine Law Review. 22 (2): 401.
- ^ Commission on the Bankruptcy Laws of the United States (1973). Communication from the Executive Director, Commission on the Bankruptcy Laws of the United States, July 1973. House document - 93d Congress, 1st session ;no. 93-137. Washington: U.S. Govt. Print. Off.
- ^ National Bankruptcy Conference (1994). Reforming the Bankruptcy Code: The National Bankruptcy Conference's Code Review Project. Matthew Bender. OCLC 31315774.
- ^ "National Bankruptcy Review Commission". govinfo.library.unt.edu. Retrieved 2026-06-02.
- ^ Landry III, Robert J. "Subchapter V and the COVID-19 Disruption: Did Congress Get Small Business Bankruptcy Reform Right This Time?". Ohio State Business Law Journal. 16 (1): 67–68.
- ^ "Conferees – National Bankruptcy Conference". nbconf.org. Retrieved 2026-06-02.
- ^ "Our Work – National Bankruptcy Conference". nbconf.org. Retrieved 2026-06-02.
- ^ National Bankruptcy Conference (April 10, 2026). "Re: Support for the "Bankruptcy Threshold Adjustment Act of 2026" (H.R. 7730 / S. 3977)" (PDF) (Congressional Letter). National Bankruptcy Conference. Retrieved June 2, 2026.
- ^ National Bankruptcy Conference (February 6, 2026). "Re: Amending the Bankruptcy Code to Reverse the Result of Bartenwerfer. Bartenwerfer v. Buckley, 598 U.S. 69 (2023)" (PDF) (Congressional Letter). National Bankruptcy Conference. Retrieved June 2, 2026.