BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month April 28, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

Uniform Assignment for Benefit of Creditors Act: Key Features, Adoption Status, and Application to ABC Practice

Modernizing Assignments for Benefit of Creditors for Predictability and Fairness

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About the Course

Introduction

This CLE webinar will discuss the challenges of existing assignments for benefit of creditors (ABCs), analyzing the key legal distinctions and operational challenges the recently promulgated Uniform Assignment for Benefit of Creditors Act (the Act) seeks to address. Participants will gain critical insights into the proposed statutory framework, how the Act compares to existing state practice and bankruptcy law, and strategies for counseling clients considering an ABC as a voluntary alternative to other insolvency regimes, such as bankruptcy and state law receiverships.

Description

ABCs have long existed at common law as an out-of-court, voluntary alternative to bankruptcy or a receivership for an insolvent business. Several states have a statutory framework for ABCs; some state statutes require court supervision but others do not. Despite its utility, ABC practice has historically been a legal patchwork, resulting in widely different procedures and creditor protections. The result is a landscape ripe with legal uncertainties for creditors and debtors alike

In an attempt to address this issue, the Uniform Law Commission promulgated the Act in 2025. The panel will discuss existing practice complications caused by varying state law and common law treatment of ABCs, and how the Act will change ABC practice in those states adopting it. The panel will also highlight various ABC practice pointers.

Listen as our experienced panel discusses the clarity, consistency, and modern statutory scaffolding the Act will bring to this insolvency mechanism. Learn more about the state law gaps the Act will fill, its proposed changes to creditor treatment, assignee powers and duties, and other proposed ABC process improvements from the Act.

Presented By

Laura Coordes
Professor of Law
Sandra Day O'Connor College of Law

Professor Coordes' research focuses on bankruptcy and financial distress and includes commercial law, large corporate reorganizations, international and comparative insolvency law, and local government finance and policy. She teaches Chapter 11 Bankruptcy, Advanced Bankruptcy, Secured Transactions (in-person and online), and Contracts. Professor Coordes is an active member of the American Bankruptcy Institute, served on the board of the American Bankruptcy Law Journal from 2019 until 2022, and is an Honorary Master of the Arizona Bankruptcy American Inn of Court. She is currently serving as the Reporter for the Uniform Law Commission's Drafting Committee on Assignments for the Benefit of Creditors and is Co-Chair of the Insolvency Law Academy's Insolvency Scholars Forum. Professor Coordes is a co-author of The Law of Bankruptcy (6th ed., West Academic, 2024) and Municipalities in Financial Distress: An ESG Critique (Edward Elgar 2025). She is also a contributing editor for Bankruptcy Law Letter. 

Edwin E. Smith
Senior Consultant
Morgan, Lewis & Bockius LLP

Mr. Smith concentrates his practice in commercial law, debt financings, structured financings, workouts, bankruptcies, and international transactions. He is particularly knowledgeable on commercial law and insolvency matters, both domestic and cross-border. His representations have included those in major bankruptcies including Refco, Lehman, the City of Detroit, and PG&E. He often advises financial institutions on documentation and risk management issues. Mr. Smith advises creditors and counter-parties on commercial and insolvency risks in sales, leasing, financing, investment securities, and derivatives and repo-style transactions and has represented parties in major insolvencies. Having actively participated as a Uniform Law Commissioner in the drafting of a number of the recent revisions to the Uniform Commercial Code (UCC), Chambers USA noted he “probably knows as much about UCC as anybody in the country.” Mr. Smith is a frequent guest speaker for numerous bar and trade organizations.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 28, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. ABC: history, usages in practice, and more

II. Key problems in ABC practice today

III. Overview of the Uniform Assignment for Benefit of Creditors Act

A. Assignees: who can assign and who can serve as assignee

B. Establishing the "assignment estate" and transfer mechanics

C. Assignee powers: authority over assets, redemption, operations, etc. 

D. Creditor claim procedures: proofs of claim, objections, judicial review

E. Priority, distribution framework, and state law integration

IV. Practical implementation questions: when an ABC may be preferable to bankruptcy or state law receivership, drafting ABC agreements, creditor notices, recording and priority issues

V. Forecast and enactment: what's next

The panel will review these and other key issues:

  • Explain how the Act fills gaps and corrects inconsistencies in current ABC law
  • Differentiate between traditional ABC common law practice and the proposed framework
  • Identify key creditor claim procedures and protections under the Act
  • Counsel clients on when an ABC may be preferable to a bankruptcy case or a state law receivership
  • Draft and negotiate assignment agreements and related creditor documentation with greater legal certainty