Legislation Committee


Post date: Wednesday, April 08, 2020

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.

Post date: Wednesday, August 28, 2019

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.

Post date: Wednesday, August 28, 2019

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.

Post date: Thursday, January 24, 2019

           Each year presents its own set of developments with respect to legislative proposals and enactments that impact the bankruptcy bar.

Post date: Friday, June 01, 2018
Photo of Camisha L. Simmons
Camisha L. Simmons

[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.

Post date: Wednesday, November 29, 2017
Photo of Richard L. Wasserman
Richard L. Wasserman

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).

Post date: Wednesday, November 29, 2017

“Lending to the most highly indebted companies in the U.S. and Europe is surging.”—   Wall Street Journal[i]

Post date: Monday, January 18, 2016

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.

Post date: Tuesday, December 22, 2015

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.

Post date: Thursday, November 05, 2015
Photo of Camisha L. Simmons
Camisha L. Simmons

In late 2014, at the request of and in coordination with the global Financial Stability Board (FSB),[1] the International Swaps and Derivatives Association (ISDA) developed the ISDA Resolution Stay Protocol, which “will impose a stay on cross-default and early-termination rights within


Mr. Joseph Pack
Pack Law, P.A.
Miami, FL
(305) 916-8700

Mr. Donald L. Swanson
Koley Jessen
Omaha, NE
(402) 343-3726

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