Bankruptcy/UCC Committee

Jodi Cooke

Chair

Carlos Sardi

Vice Chair

Honorable Catherine McEwen

Judicial Chair

Prof. Jeffrey Davis

Academic Advisor

Who We Are

The Bankruptcy/UCC Committee consists of lawyers who practice commercial law and specialize in bankruptcy, creditors rights, and secured transactions. The Committee drafts and analyzes proposed legislation concerning the Uniform Commercial Code, as well as legislation that affects other rights of secured creditors under state law, such as the statues governing foreclosure, assignment of rents, and exemptions. The Committee sponsors various seminars, including the annual View from the Florida Bankruptcy Bench, at which the Bankruptcy Judges share their respective views concerning bankruptcy law and procedure. The Committee also studies the interplay between the federal Bankruptcy Code and state laws governing exemptions and creditors rights.

June 2016 Report

The Bankruptcy/UCC Committee heard a report about the two temporary bankruptcy judgeships in the Southern District of Florida that will lapse out of existence upon the first two vacancies due to retirement, death, or resignation that occur after May 25, 2017, if Congress does not taken action to either convert the positions to permanent status or extend the lapse date.  The Senate's 2017 Financial Services appropriations bill proposes a one-year extension on the lapse date.  Two other bills, companion bills in the Senate and House (S. 2448, H.R. 4225), propose to convert the positions.  The latter bills are problematic given the current Congressional "pay for" requirement that new positions be accompanied by an offsetting source of funding.  At present no Republican Senator or Representative has signed on to co-sponsor the bills.  Sen. Bill Nelson (D-FL) and Rep. Ted Deutch (D-FL) are co-sponsors.  The Administrative Office of the Courts and the National Conference of Bankruptcy Judges is actively monitoring the bills and has been and will continue to meet with key Members of Congress and staff.  

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