An assignment for benefit of creditors (ABC) is a voluntary, debtor-initiated state law alternative to bankruptcy, state receiverships, and voluntary workouts. Unfortunately, state laws surrounding ABCs lack detail and concrete guidance. To address this gap in the law, the Uniform Assignment for the Benefit of Creditors Act provides clarity by creating a streamlined assignment process, allowing states to modernize their assignment statutes and codify certain aspects of common law.
Existing law in many states permits judges in certain private civil proceedings to interview children outside of open court to ascertain the child’s views. The law in most states, however, does not provide a comprehensive framework for conducting judicial interviews of children. The Uniform Judicial Interview of Children Act provides a procedural framework for interviewing children, but is not the source of authority for a judicial officer to conduct an interview. The uniform act balances two compelling, but sometimes competing, interests: 1) protecting a child when that child’s views are elicited by a judicial officer, and 2) protecting the due process rights of the parties. The Uniform Judicial Interview of Children Act can be enacted by statute or court rule. For information about enacting this uniform act, please contact Special Counsel Libby Snyder at (312) 450-6619 or lsnyder@uniformlaws.org.
In 1944, the ULC drafted a model act to help states establish commissions on uniform state laws and appoint commissioners. This 1944 Act was adopted in 17 states, with 48 states now having some statute for appointing commissioners. Since then, changes in state government structure, legislative drafting practices, and updates to the ULC Constitution have prompted the need for a modernized version. The new Model State Uniform Law Commission Act updates and expands on the 1944 Act while keeping its core structure, which includes: establishing a state commission; appointment of commissioners; outlining duties of the commission; and requiring reports on the commission's work. The Act is not intended for universal adoption. It is meant for states lacking such legislation or where existing laws are outdated. States with existing laws may also choose to only enact certain sections of the Act to modernize provisions in the existing appointment statute or to expand the size of the state delegation. For more information about the Model State Uniform Law Commission Act, please contact ULC Special Counsel Libby Snyder at 312-450-6619 or lsnyder@uniformlaws.org.
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Uniform Law Commission The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.