Chief Justice of the U.S. Supreme Court John G. Roberts, Jr. has appointed bankruptcy attorney David A. Lander of Gallop, Johnson & Neuman in St. Louis to serve a second, three-year term on the Advisory Committee on Bankruptcy Rules, a unit of the nation's Judiciary system whose members develop policy and recommendations generally impacting all U.S. bankruptcy courts and their procedures.
Based in Washington, D.C., the Advisory Committee on Bankruptcy Rules is a standing unit of The Judicial Conference, which was created by Congress in 1922 as the Conference of Senior Circuit Judges to serve as the principal policy-making body regarding administration of the U.S. Courts.
In 1948, Congress enacted section 331 of title 28, United States Code, changing the name to the Judicial Conference of the United States. Duties of the Judicial Conference and its committees in their appointed areas today are to:
- Make a comprehensive survey of the conditions of business in the courts of the United States;
- Prepare plans for assignment of judges to or from courts of appeals or district courts, where necessary;
- Submit suggestions to courts in the interest of promoting uniformity of management procedures and expeditious conduct of court business;
- Exercise authority provided in chapter 16 of title 28 United States Codes for the review of circuit council conduct and disability orders filed under that chapter; and
- Carry on a continuous study of the operation and effect of the general rules of practice and procedure in use within federal courts, as prescribed by the Supreme Court pursuant to law.
The Chief Justice of the Supreme Court has sole authority to make committee appointments. The Director of the Administrative Office and the Assistant Director, Judicial Conference Executive Secretariat, collect expressed interests of judges and recommendations of others who may be considered for appointments.
The Chief Justice then makes his appointments. The Advisory Committee on Bankruptcy Rules meets routinely in different judiciary districts in the U.S. and in Washington, D.C., to conduct its appointed tasks, which include promulgating policy reports and recommendations for The Judiciary Conference and, also, The Administrative Office of the United States Courts for consideration and related action.
As an attorney with Gallop, Lander has represented secured creditors, mortgagees, unsecured creditors, debtors and unsecured creditors' committees in out-of-court workouts, Chapter 11 reorganizations and enforcement of creditors' rights.
His practice also includes representing purchasers of businesses in financial distress. Lander has authored many articles and book chapters focusing on agribusiness finance, business loan workouts and bankruptcy, among other legal topics. He has been listed among The Best Lawyers in America® for more than fifteen years and was chosen as one of the top twenty Super Lawyers® in Missouri and Kansas.
In addition, Lander is a member of the National Bankruptcy Conference, the AmericanCollege of Bankruptcy, The American College of Commercial Finance Lawyers and served on the National Study Committee on the revision of Article 9 of the Uniform Commercial Code. He is a graduate of The University of Chicago Law School.
"I am delighted that I have been reappointed for another three-year term," Lander stated in a press release. "The Advisory Committee has recently recommended major changes to the Rules governing the actions of consumer creditors and holders of mortgages on consumer debtors' homes, as well as the disclosures required by members of committees in Chapter 11 cases; these recommendations have been approved. We are now looking at a complete overhaul of the rules governing appeals from Bankruptcy Court Decisions and a revamping of many bankruptcy forms, and I look forward to continuing to work on these and other important issues."
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