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NBC Standing Committee

Avoidance & Claims Litigation

The Conference’s work on preferences, fraudulent transfers, the trustee’s avoiding powers (§§ 544–550), and the allowance and priority of claims.

What this committee does

Where the Conference shapes the law on avoiding powers.

The Avoidance & Claims Litigation Committee examines how trustees and estates recover value — preferences, fraudulent transfers, and the statutory avoiding powers — and how creditor claims are allowed, subordinated, and prioritized. Its reports propose targeted amendments to the Bankruptcy Code and flag where the case law has drifted from what Congress intended.

Avoiding powers

Preferences, fraudulent transfers, and the trustee’s recovery tools under §§ 544–550.

Claims & priority

How creditor claims are allowed, subordinated, and ranked within the estate.

Code amendments

Targeted proposals where case law has drifted from Congress’s intent.

Committee members

The full committee

Edwin E. SmithChair
Christopher Bradley
Leif M. Clark
Michelle M. Harner
Emil A. Kleinhaus
Bruce A. Markell
Thomas Moers Mayer
Isaac M. Pachulski
Brendan L. Shannon
Henry J. Sommer
Catherine Steege
For Congress

Weighing an avoidance provision?

Get the Conference’s non-partisan read — and a direct line for technical assistance on avoiding-powers questions.

Committee Chair

Edwin E. Smith

Senior Consultant, Morgan, Lewis & Bockius LLP · Boston & New York

Edwin E. Smith is a senior consultant at Morgan, Lewis & Bockius LLP, resident in the firm’s Boston and New York offices. His practice concentrates on commercial law, debt and structured financings, workouts, bankruptcies, and cross-border transactions — advising financial institutions on documentation and risk management in domestic and international insolvency matters.

He has served as counsel in a number of the era’s landmark bankruptcies — among them Refco, Lehman Brothers, Pacific Gas & Electric, the City of Detroit, and SunEdison — representing creditors, lenders, asset purchasers, and plan administrators.

He is treasurer and a board member of the National Bankruptcy Conference, a life member of the American Law Institute, and a Uniform Law Commissioner for Massachusetts, where he chaired the drafting committee for the 2022 UCC amendments addressing emerging technologies. He has taught secured transactions at Harvard, Northeastern, and Suffolk law schools and at Boston University’s Morin Center for Banking Law Studies.

EducationJD, Harvard Law School (1974) · BA, Yale University (1968)
AdmissionsMassachusetts · New York
AffiliationsNational Bankruptcy Conference (Treasurer) · American Law Institute (Life Member) · Uniform Law Commission · American College of Bankruptcy · International Insolvency Institute