Legislation Committee
Committees
![Photo of Linda W. Knight [1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/LWK_0.png)
As most bankruptcy practitioners know, Congress adopted the Small Business Reorganization Act of 2019 (SBRA) in August 2019.[2] It took effect on Feb. 19, 2020, and is codified as subchapter V of chapter 11, title 11, U.S. Code, 11 U.S.C. §§ 1181-1195.
At last count, there were almost 100 pieces of legislation introduced into the 116th Congress relating to student loans, education financing and debt. As might be expected, a number of bills are related to the treatment of student loan debt in bankruptcy.
Many struggling to pay off student loans today may be surprised to find out that student loans were once freely dischargeable in bankruptcy. But due to abuse, it has become increasingly difficult to discharge student loan debt. It is currently one of the most difficult classes of debt to discharge.
Each year presents its own set of developments with respect to legislative proposals and enactments that impact the bankruptcy bar.
[1]The Great Recession in the U.S., which began around 2008, caused numerous company failures. There were, however, some large, complex private-sector companies that the U.S.
The Electronic Discovery (ESI) in Bankruptcy Cases Subcommittee of the ABA Business Law Section, Bankruptcy Court Structure and Insolvency Process Committee, chaired by the author, drafted a proposed amendment to add the concept of proportionality to Bankruptcy Rule 2004(c).
“Lending to the most highly indebted companies in the U.S. and Europe is surging.”— Wall Street Journal[i]
As the first session of the 114th Congress ended on Dec. 18, 2015, nearly 50 pieces of legislation addressing a variety of bankruptcy and debt issues were added to ABI’s Newsroom. Eleven bills introduced throughout 2015 focused on the issue of student loans, either allowing for the discharge of student loans in bankruptcy or proposing additional consumer protections.
2015 was an exciting and eventful year for the Legislation Committee itself, as well as for its leadership. While third-year Committee Co-Chair Jon Lieberman is concluding his final term, he is looking forward to his new role as an Associate Editor of the ABI Journal.
Tue, 2014-09-23
The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York).
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Prof. Christopher Hampson
Co-Chair
University of Florida Levin College of Law
Gainesville, FL
(617) 984-9923
Co-Chair
University of Florida Levin College of Law
Gainesville, FL
(617) 984-9923
Mr. Joseph Pack
Co-Chair
Pack Law, P.A.
Miami, FL
(305) 916-8700
Co-Chair
Pack Law, P.A.
Miami, FL
(305) 916-8700
Mr. Maurice Belmont VerStandig
Communications Manager
The Belmont Firm / The VerStandig Law Firm, LLC
Washington, DC, DC
(202) 875-8445
Communications Manager
The Belmont Firm / The VerStandig Law Firm, LLC
Washington, DC, DC
(202) 875-8445
Mr. Andrew D. Sorkin
Education Director
Latham & Watkins LLP
Washington, DC
(202) 637-3302
Education Director
Latham & Watkins LLP
Washington, DC
(202) 637-3302
Ms. Alison Elko Franklin, Esq.
Membership Relations Director
Greenberg Traurig, LLP
Atlanta, GA
(678) 553-7345
Membership Relations Director
Greenberg Traurig, LLP
Atlanta, GA
(678) 553-7345
Ms. Mariane L. Dorris, Esq.
Special Projects Leader
Shuker & Dorris, PA
Orlando, FL
(407) 337-2052
Special Projects Leader
Shuker & Dorris, PA
Orlando, FL
(407) 337-2052