Call Number:

NBA.048

Repository:

University of Pennsylvania: Biddle Law Library

Extent:

21 linear feet (50 boxes and one photo album box)

Language Note:

Materials entirely in English.

Preferred Citation:

[Identification of item], in the American Bankruptcy Institute Records, National Bankruptcy Archives, NBA.048, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.

Date:

1982-2013 (inclusive) and 1985-1996 (bulk)

Creator:

American Bankruptcy Institute and National Bankruptcy Archives

Form:

Publications (documents), Newsletters, Minutes (administrative records), Photographs, Clippings files, Video recordings, Audiotapes, Legal files, and Drafts (documents)

Abstract:

The records of the American Bankruptcy Institute document two main areas of the organization: the history and operating activities of the American Bankruptcy Institute and the organization's professional activities, publications, and research on bankruptcy related issues. The materials date from 1982-2013, with the bulk from 1985-1996. Materials are largely in paper format, comprising correspondence, memos, facsimiles, resumes/c.v., financial records, by-laws, articles of incorporation, certificates, lease agreement, newsletters, marketing materials, clippings, press releases, scripts, white papers, meeting files which typically include agendas, minutes, and sign-in sheets, committee files, conference and seminar material, Library of Congress reports, information bulletins, Congressional reports, records, and bills, court records, briefs, procedures, Congressional hearing testimonies and remarks, publications, monographs, and other related printed matter. The records also include audiovisual materials such as photographs, VHS tapes, audio cassette tapes, DVDs, and CDs.

The founding of the American Bankruptcy Institute

During the consideration of the Bankruptcy Reform Act of 1978, the ineffectiveness of the various insolvency organizations became apparent to the bankruptcy community. In the aftermath of the Act, insolvency groups were unable to adjust and react to the Act accordingly. Harry Dixon Jr. (1944-2006), a lawyer from Nebraska, was determined to establish a cohesive and effective bankruptcy organization with the dual purpose of providing Congress with unbiased views on legislation and creating an institution that could keep the bankruptcy community aware of legislative activities affecting them. Dixon shared his idea with two men; Ed Creel a Texas attorney interested in bankruptcy reform and Robert Feidler, counsel to the Senate Judiciary Committee.

In early 1982, Dixon incorporated under Nebraska law this new organization which was to be called the American Bankruptcy Institute (ABI). Dixon's goal to establish a nonprofit organization devoted to independent research and innovative legislative analysis on bankruptcy issues in America was finally realized. Dixon became the chairman and CEO which he served for the next 15 years. There were three directors and Ed Creel was the first President. Together, the group had a fairly extensive network of colleagues in the bankruptcy community. They began to compile a list of potential candidates for the Board of Directors. During the 1982 Bankruptcy Judges Conference, the group hosted an organization meeting for the ABI. It was decided that anyone that would commit $1,000 to the ABI would be designated a founding member. Eight persons donated; Ed Creel, Harry Dixon, Dick Gitlin, Bill Norton, Mel Peters, Vernon Teofan, Chuck Vihon, and David Vienna. Eric Hultman was charged with preparing the first draft of the by-laws.

Shortly after the 1982 Conference, Dixon and Feidler convinced David Vienna, a lobbyist on Capitol Hill, to allow his office at 510 C Street, N.E. to be used as a temporary ABI headquarters. This temporary move projected the ABI's presence in Washington well before a permanent staff was hired. The following year would become a very busy and pivotal year for the ABI.

Solidifying a reputation in the bankruptcy community

Perhaps the biggest single event to kick-off the ABI occurred on January 7, 1983. Prior to that time, the Supreme Court in the Marathon decision had declared the jurisdiction of the bankruptcy courts unconstitutional and implemented an "Emergency Rule" under which the bankruptcy courts operated. Dixon and Feidler organized under Senator DeConcini's support a conference on the problem held on January 7, in a hearing room of the Dirksen Senate Office Building. The conference, which approximately 100 judges and lawyers participated, was the first event sponsored by the ABI. The conference was televised by C-SPAN and was considered a great success. Within four months, the Senate had passed major bankruptcy legislation that was ultimately the core of the Bankruptcy Amendments and Federal Judgeship Act of 1984.

Soon after, the ABI Newsletter began. Michael Moriarity, the Program Director for the National Center for Continuing Legal Education in Denver, was put in charge of designing the ABI logo and publishing. The newsletter was also used as invitations to potential members. The membership fee was set at $75. By the end of April 1983, 51 persons had joined the ABI.

At the first Executive Committee Meeting in April of 1983, the organization's by-laws were adopted. The ABI "Hot-Line" which provided information on the status of legislation was also established around this time. By the end of 1983, ABI's Board of Directors consisted of 27 persons.

ABI hosted its first member meeting on September 11, 1985. Eighty-four participants attended. By this time, the membership fee was raised from $75 to $90. Membership totaled 1,214. In 1987, the ABI moved its headquarters to 107 Second St., a townhouse located behind the Supreme Court. ABI continued hosting bankruptcy related events throughout the year. At the same time, ABI also increased their marketing efforts in hopes of garnering more members to solidify their reputation as the premier organization in the bankruptcy field. By June of 1988, membership totaled 2,300.

The records of the American Bankruptcy Institute (ABI) contain comprehensive documentation of the organization's history, internal communication, operating activities, professional activities, publications, and research efforts on bankruptcy related matters. The materials date from 1982-2013, with the bulk of the records from 1985 to 1996. Materials are largely in paper format, comprising correspondence, memos, facsimiles, resumes/c.v., financial records, by-laws, articles of incorporation, certificates, lease agreement, newsletters, marketing materials, clippings, press releases, scripts, white papers, meeting files which typically include agendas, minutes, and sign-in sheets, committee files, conference and seminar material, Library of Congress reports, information bulletins, Congressional reports, records, and bills, court records, briefs, procedures, Congressional hearing testimonies and remarks, publications, monographs, and other related printed matter.

The records also include audiovisual materials such as photographs, VHS tapes, audio cassette tapes, DVDs, and CDs. Photographic materials include both black and white and color prints in various sizes. The bulk of the photographs are found in Series I. Subseries B. Board of Directors Biography files. Files that include "(p)" in the title indicate at least one photo is present. The photograph is typically a professional headshot of the ABI member. Other photographs can be found in the oversight hearing on the U.S. Trustee Program files and the one photo album which contains 32 photographs depicting various ABI events from 1987-1988. Audio materials specifically comprise of 15 cassette tapes from ABI conferences (undated). Video tapes (VHS) document various bankruptcy topics and educational programs. Most videos feature ABI members discussing bankruptcy issues on various television programs from 1999-2004.

The bulk of the collection is comprised of records that document the organization's mission of providing its members, Congress, and the public with unbiased analysis of bankruptcy issues. ABI conducts educational and research activities on a wide-range of bankruptcy related issues affecting consumer and commercial bankruptcy law and the bankruptcy system. In addition, ABI publishes, organizes national and regional conferences that provide continuing education to bankruptcy professionals, and testifies before Congressional committees. All these activities are included in the American Bankruptcy Institute records which were maintained by the organization in an extensive topical file.

Some of the significant bankruptcy topics represented in these files are the U.S. Trustee Program (including numerous oversight hearings); Chapter 7 Substantial Abuse; Chapter 12 Family Farmer Bankruptcy; additional bankruptcy judgeships; the Bankruptcy Amendments and Federal Judgeship Act of 1984 (BAFJA) including the Bankruptcy Survey Project conducted by the ABI after the law (BAFJA) went into effect; judicial salaries; leveraged buyouts (LBO); pension plans and retirement benefits; proposed amendments to bankruptcy rules and forms; significant Supreme Court cases; testimonies before various Congressional committees from 1989-1996; and a number of videos (VHS) some featuring ABI members. A majority of the topical files generally comprise of committee and colleague correspondence, legislative analysis, remarks, evaluations, and research notes on the specific bankruptcy topic. With the exception of Series IX Subseries B., C., and D., the files on the 101st, 102nd, and 104th Congress legislation only consist of copies of proposed bankruptcy bills. These files were most likely compiled for reference only and do not include any research, analysis, or evaluation information by ABI members or committees.

Another significant portion of the collection documents the corporate history and operating activities of the ABI. Topics that are particularly strong comprise of the Board of Directors files which include biographies of elected members, correspondence, election files, and comprehensive meeting files from 1984-1992; Executive Committee meeting files from 1986-1992; comprehensive files on ABI's Annual Spring Meetings, Mid-Winter Leadership Conferences, and various conferences and seminars from the mid-1980s to mid-1990s; financial records from the late 1980s; extensive files on various ABI committees which include ad hoc subcommittees and task forces; and marketing plans to expand ABI membership throughout the 1980s and early 1990s. Committee meeting materials generally include correspondence, agendas, minutes, member directories, and sign-in sheets. Annual meeting/conference materials generally include correspondence, planning notes and discussions, agendas, meeting programs/brochures, hotel information, some financial records, white papers, and related printed matter. Correspondence files in Series II. Organizational Records are arranged by topic which reflects the original arrangement.

Please note that the arrangement of this collection may require researchers to cross-reference certain terms/subjects from other series/subseries for exhaustive coverage. For simplicity, researchers can also use the find function (CTRL + F) to search the Collection Inventory section of the finding aid for specific terms/subjects.

ABI Board This series is comprised of correspondence, member directories, contact information, resumes/c.v., photographs, election files, meeting files, personnel forms and other materials relating to the administrative activities and communications of the American Bankruptcy Institute. Series is arranged into three subseries by the three main governing bodies of the organization; Advisory Board, Board of Directors, and Executive Committee. The Advisory Board was created by the Executive Committee and is made up of former Board of Directors. Materials in the Advisory Board subseries include contact information and letter of invitations to serve and to attend annual meetings. Materials are arranged alphabetically. The Board of Directors supervises the majority of the affairs of the organization, approves proposed budgets, and elects all Offices, Directors, and 4 at-large Executive Committee members. Materials in the Board of Director subseries include correspondence, contact information, resumes/c.v., headshot photographs, sign-in sheets, election materials, and personnel forms. The Board of Director's meeting files, arranged chronologically, are fairly comprehensive and include agendas, minutes, and other related materials from 1984-1992. The Board of Directors Biography files are arranged alphabetically by last name to reflect the order they were originally arranged. Biographies that include "(p)" in the title indicate at least one photograph of the member is included. The Executive Committee consists of 17 members and is responsible for the development and implementation of policy. Materials in the Executive Committee subseries include contact information and comprehensive files from their meetings from 1986-1992 which include agendas, minutes, sign-in sheets, and related materials. Meetings are arranged chronologically. Correspondence and meeting files in Series I. typically provide updates regarding ABI meetings, memberships, and committees as well as some discussions on bankruptcy related issues.

Organizational Records The second series is comprised of five subseries, arranged alphabetically. Records document the Organization's finances, history, and public relations efforts. The Correspondence Subseries is arranged by topic to reflect the order they were originally arranged. Of interest is the INSOL International correspondence which highlights ABI's application to become a member of the association in the late 1980s. The Finances Subseries include draft and proposed budgets, financial reports, audit report, a tax return, and correspondence. These files primarily focus on statistics and projections on membership numbers and fees collected. The History Subseries include by-laws, articles of incorporation, mission statement, legal documents, and sublease agreement. The files in this subseries do not focus on the establishment of the ABI in 1982; rather, files focus primarily on the continuing development of the organization throughout the mid to late 1980s. The Public Relations and Marketing Subseries include brochures, scripts for the ABI hotline, materials for the Board book, and marketing company plans. Of interest are the files on when ABI hired Odell, Roper & Associates in 1983 and Lewis Advertising Company in 1990 to create marketing plans in order to build the organization's brand and expand membership.

Meeting and Events This series is comprised of five subseries, arranged alphabetically. Files within subseries are arranged chronologically. Records document ABI's annual meetings and conferences as well as various events hosted or attended by the organization from 1985-2001. Materials in all five subseries are similar and include correspondence, sign-in sheets, agendas, minutes, marketing material, hotel information packets, white papers, notes, some financial records which include expenses and receipts, and other related materials. Subseries A. Annual Spring Meetings and B. Mid-Winter Leadership Conference contain a fairly complete run from the first meeting in 1986 through 1991. Files in these two subseries also include opening remarks, committee and member directories, and logistical information.

Committee Files This series consists of records compiled by the numerous ABI committees which include ad hoc subcommittees and task forces. Files are arranged alphabetically which reflects the original arrangement. Each committee focuses their research on a specific area of insolvency and committees are usually required to convene at ABI's two national conferences. Materials include agendas, sign-in sheets, minutes, some analysis and notes on legislation, correspondence, directories, and related materials. Although there were many committees, there were only a select few that could be considered very active. These include the Consumer Bankruptcy Committee, Legislation Committee, Membership Committee, Professional Compensation Committee, Programs and Seminars Committee, UCC Task Force, Unsecured Trade Creditor Committee, and U.S. Trustee Committee.

Legislative Materials The fifth series consists of ABI legislative materials that reflect the core mission of organization to support the analysis of insolvency issues, to provide a source of education regarding these issues; and to serve as a forum for the exchange of ideas among participants in the insolvency process. Materials are arranged alphabetically and typically include analyses, evaluations, research notes, correspondence, hearing testimonies, clippings, white papers, copies of Congressional reports and bills, publications, and related materials. The series is particularly strong in documenting the U.S. Trustee Program (including numerous oversight hearings); additional bankruptcy judgeships; the Bankruptcy Amendments and Federal Judgeship Act of 1984 (BAFJA) including the Bankruptcy Survey Project conducted by the ABI after the law (BAFJA) went into effect; judicial salaries; leveraged buyouts (LBO); pension plans and retirement benefits; and proposed amendments to bankruptcy rules and forms.

Bankruptcy Code This series specifically documents the 5 chapters in the Bankruptcy Code. Materials are arranged alphabetically and include correspondence, reports, Congressional papers, clippings, and research notes. Chapter 12 Family Farmer Bankruptcy is well documented because it was added to the Bankruptcy Code in 1986 by the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986. The modification of the bankruptcy code was intended as an emergency response to tightening agricultural credit in the early and mid-1980s, in the middle of a number of bank failures. ABI saw Chapter 12 as a means to prove their skills in providing unbiased analysis of the legislation.

Bankruptcy Cases This series consist of materials that document significant Supreme Court cases such as Northern Pipeline Construction v. Marathon and Texas v. Timbers as well as Manville and the Orange County case. Materials include correspondence, Congressional reports, proceedings, Congressional hearings, court records, Supreme Court syllabus, notes, and related materials. This series does not include any significant analysis from ABI members or committees.

Hearings and testimonies This series consists primarily of ABI's testimonies and remarks before various Congressional committees regarding bankruptcy matters from 1989-1996. Materials are arranged chronologically to reflect the original arrangement and include congressional papers, legislation, witness lists, prepared statements, testimonies, and related materials.

Legislation This series primarily consist of copies of proposed bankruptcy legislation from the 101st, 102nd, and 104th Congress. Materials are arranged chronologically and include legislation, resolutions, correspondence, and research notes. Of primary importance are subseries B., C., and E. which contain additional analysis of the specific bankruptcy bill by ABI members and committees. The other legislation files were most likely compiled for reference only and do not include any research, analysis, or evaluation information by ABI. Subseries B. 102nd Congress (S. 1985), National Bankruptcy Review Commission Act was a bill to establish a commission to review the Bankruptcy Code, to amend the Bankruptcy Code in certain aspects of its application to cases involving commerce and credit and individuals debtors and add a temporary chapter to govern reorganization of small businesses, and for other purposes. Subseries C. 102nd Congress (S. 145), Bankruptcy Administration Improvements Act is a bill that amends the Federal bankruptcy code to revise the compensation formula for private bankruptcy trustees. Subseries E. 104th Congress (S. 1559), Bankruptcy Technical Corrections Act is a bill that makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms and remove the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property.

Publications This series contains various publications by the American Bankruptcy Institute. The 8 subseries are arranged by topic alphabetically with general and miscellaneous publications at the end. This series was processed at the item level.

Press Files This series comprise of press clippings and printouts from online databases such as LexisNexis. Files are arranged alphabetically which reflects the original arrangement and cover a wide range of topics. Files are primarily from 1986-1988. Consumer debt and bankruptcy is well documented.

Audiovisual Materials This final series is comprised of four subseries arranged by format in no particular order. The series includes one photo album which contains 32 photographs depicting various ABI events from 1987-1988. Audio materials specifically comprise of 15 cassette tapes from ABI conferences (undated). Video tapes (VHS) document various bankruptcy topics and educational programs. Videos are arranged chronologically. Most videos feature ABI members discussing bankruptcy issues on various television programs from 1999-2004.

The collection is arranged in 12 series, seven of which have been further arranged in subseries, reflecting content and organizational structure. The filing system for the American Bankruptcy Institute records has been kept largely in its original form and original folder titles have been retained where possible. The processor devised the basic arrangement for the collection and, where necessary, reorganized the records within the various series or subseries.

Series I: ABI Board

Subseries A. Advisory Board

Subseries B. Board of Directors

Subseries C. Executive Committee

Series II: Organizational Records

Subseries A. Correspondence

Subseries B. Finances

Subseries C. History

Subseries D. Public relations and marketing

Subseries E. Miscellaneous

Series III: Meetings and Events

Subseries A. Annual Spring Meetings

Subseries B. Mid-Winter Leadership Conferences

Subseries C. National Conference of Bankruptcy Judges (NCBJ)

Subseries D. Tribute to New York Bankruptcy Judges

Subseries E. Professional Conferences and Seminars

Series IV: Committee Files

Series V: Legislative Materials

Series VI: Bankruptcy Code

Subseries A. Chapter 7 – Liquidation Under the Bankruptcy Code

Subseries B. Chapter 9 – Municipality Bankruptcy

Subseries C. Chapter 11 – Reorganization Under the Bankruptcy Code

Subseries D. Chapter 12 – Family Farmer Bankruptcy

Subseries E. Chapter 13 – Individual Debt Adjustment

Series VII: Bankruptcy Cases

Series VIII: Hearings and Testimonies

Series IX: Legislation

Subseries A. 101st Congress legislation

Subseries B. 102nd Congress (S. 1985), National Bankruptcy Review Commission Act

Subseries C. 102nd Congress (S. 145), Bankruptcy Administration Improvements Act

Subseries D. 102nd Congress legislation

Subseries E. 104th Congress (S. 1559), Bankruptcy Technical Corrections Act

Subseries F. 104th Congress legislation

Series X: Publications

Subseries A. ABI Law Review

Subseries B. Business Reorganization

Subseries C. Consumer Bankruptcy

Subseries D. Health Care and Bankruptcy

Subseries E. International Insolvency

Subseries F. Specialty Areas in Bankruptcy

Subseries G. Bankruptcy-General

Subseries H. Miscellaneous

Series XI: Press Files

Series XII: Audiovisual materials

Subseries A. Video Cassettes (VHS)

Subseries B. Conference Audio Cassettes

Subseries C. CDs

Subseries D. Photographs