Legislation

Protections for Consumers and Consumer Lawyers: The ESCRA

Protections for Consumers and Consumer Lawyers: The ESCRA By Edward Boltz Shortly after the commencement of the 119th Congress, Reps. Young Kim (R-Calif.) and Sarah McBride (D-Del.) introduced the Ending Scam Credit Repair Act (ESCRA) 1 to crack down on fraudulent

Legislative Highlights January 2025

Legislation Reintroduced Taking Aim at Nonconsensual, Nondebtor Releases in Bankruptcy Sens. Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) on Dec. 5 reintroduced S. 5415, the “Nondebtor Release Prohibition Act,” to explicitly prohibit

Legislative Highlights December 2024

Legislative Highlights 119th Congress to Commence on January 3, 2025 The 119th Congress will commence on Jan. 3 at noon with both the Senate and House of Representatives under control of Republicans following the 2024 election. 1 On Nov. 13, Senate Republicans elected 2

Recapping the 118th Congress

Recapping the 118th Congress When the 118th Congress convened on Jan. 3, 2023, lawmakers were intent on examining the collapse of FTX bankruptcy and the cryptocurrency industry, many COVID-19 stimulus programs had sunset, and the political landscape saw Democrats

The HAVEN Act Goes to Kindergarten: Lessons and Opportunities Five Years In

The HAVEN Act Goes to Kindergarten:Lessons and Opportunities Five Years In By Katherine Everett Iskin On Aug. 23, 2019, Public Law No. 116-52, 133 Stat. 1076, titled “Honoring American Veterans in Extreme Need” (HAVEN) Act, became law. Its legislative history reflects

Legislative Highlights November 2024

Legislative Highlights House Democrats Reintroduce “Student Borrower Bankruptcy Relief Act of 2024” As the Department of Education’s student loan repayment “on ramp” expired on Sept. 30, House Judiciary Committee Ranking Member Jerrold Nadler (D-N.Y.) and Subcommittee

Legislative Highlights October 2024

Legislative Highlights Federal Reserve Proposes Scaled-Back Bank Capital Requirements Federal Reserve Vice Chair for Supervision Michael Barr on Sept. 10 unveiled changes to a proposed set of U.S. banking regulations that roughly cuts in half the extra capital that the

Legislative Highlights September 2024

Legislative Highlights Legislation Aims to Deter “Texas Two-Step” Maneuver in Bankruptcy U.S. Senators Sheldon Whitehouse (D-R.I.) and Josh Hawley (R-Mo.), and Representatives Emilia Sykes (D-Ohio) and Lance Gooden (R-Texas), on July 23 introduced the “Ending Corporate

Has Congress Opted Out of the Bankruptcy Clause?

Has Congress Opted Out of the Bankruptcy Clause? By Zachary A. Phillips More than two years have passed since the U.S. Supreme Court used the Bankruptcy Clause in Siegel v. Fitzgerald to rule that the differing fee systems for chapter 11 cases were unconstitutional

Legislative Hightlights August 2024

Legislative Highlights Number of Borrowers Utilizing New Student Loan Discharge Process Continues to Increase The Justice Department, in close coordination with the Department of Education, announced 1 on July 17 that the vast majority of student loan borrowers seeking