Legislation Committee Newsletter

vol 16, num 1 | February 2019

Legislation

AN ABI COMMITTEE NEWSLETTER

Visit the Legislation Committee page

► IN this issue:

Recapping 2018: Highlights of the Year’s Legislative Developments
New Judiciary Committee Leadership for the 116th Congress
Annual Spring Meeting Registration Open Now!

Recapping 2018: Highlights of the Year’s Legislative Developments

Camisha L. Simmons
Simmons Legal PLLC
Dallas

Each year presents its own set of developments with respect to legislative proposals and enactments that impact the bankruptcy bar. In 2018, we saw, among other developments, the introduction of legislation to ensure fair treatment for military veterans seeking bankruptcy protection and to help small businesses reorganize in bankruptcy, privacy law enactments and proposals in the U.S. and abroad, and the failure of a proposed change to Bankruptcy Rule 2004. Those developments are discussed in further detail below.

Ensuring Fair Treatment for Military Veterans Seeking Bankruptcy Protection
Many military veterans have defended our country in war zones, including in Iraq and Afghanistan, and some of these veterans now suffer from post-traumatic stress disorder and other military service-related disabilities for which they receive disability payments. The Bankruptcy Code as currently written, however, does not exclude these disability payments from the calculation of the current monthly income of the individual debtor. This is the case even though all benefits under the Social Security Act, including disability benefits, payments to victims of war crimes or crimes against humanity, and payments to victims of international and domestic terrorism, are excluded.

New Judiciary Committee Leadership for the 116th Congress

The year on the calendar was not the only thing that changed as we moved into 2019; there were also several changes in leadership in both the House and Senate Judiciary Committees that will be taking place in the 116th Congress.

With the Democratic takeover in the U.S. House of Representatives, new leadership has taken the reins at the top of the committee. Rep. Jerrold Nadler (D-N.Y.), who previously served as the Ranking Member of the committee, will now assume the role of Chairman of the committee, replacing Rep. Bob Goodlatte (R-Va.). Mary Gay Scanlon (D-Pa.) will be serving as Vice Chair.

Congressman Doug Collins (R-Ga.), who previously served as the Vice Chairman of the House Republican Conference, will now serve as Ranking Member of the House Judiciary Committee.

Over on the Senate side, former Chairman Sen. Chuck Grassley (R-Iowa) stepped down from his position as Chairman to serve as Chairman of the Senate Finance Committee. Sen. Lindsey Graham (R-S.C.) will take on the role of Chairman of the committee after having served as a member of the committee for many years. On the Democratic side, Dianne Feinstein (D-Calif.) will remain Ranking Member of the committee.

Annual Spring Meeting Registration Open Now!

Join the Legislation Committee at ABI's Annual Spring Meeting , one of the biggest insolvency events of the year! Mix professional development and networking at a variety of timely educational sessions, networking events, and optional programs — all in the heart of Washington, D.C.

This year, the Committee will be pairing with the Young & New Member Committee to host a session titled, Changes in Latitude, Changes in Attitude. Speakers for this session include:

Brendan Gage (Moderator) - Paul Hastings; Chicago
Jonathan D. Canfield - Stroock & Stroock & Lavan LLP; New York
James J. Mazza, Jr. - Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
Lara Sheikh - Thomson Reuters; New York