Legislation Committee

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Post date: Sunday, March 23, 2014

In July 2010, amid the worst mortgage meltdown since the Great Depression,[1] the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) was enacted to promulgate pervasive new regulations on mortgage servicers.[2] In reviewing the causes of the mortgage crisis, the U.S. House of Representatives found a need to increase transparency and accountability in the mortgage-servicing field.[3] Accordingly, the Dodd-Frank Act incorporates new servicing regulations requiring mortgage servicers to disclose certain information to delinquent borrowers.

Post date: Friday, July 01, 2011
Photo of Larren Nashelsky
Larren Nashelsky

The appropriate venue for chapter 11 cases has long been the subject of debate, especially over the past decade.  The debate’s most recent development is the Chapter 11 Bankruptcy Venue Reform Act of 2011 (“H.R. 2533”), introduced on July 14, 2011, by Representatives Lamar Smith of Texas, John Conyers, Jr.

Post date: Friday, July 01, 2011

In 2008, Congress enacted the National Guard and Reservists Debt Relief Act of 2008 which allowed servicemembers, who have served on active duty for at least 90 days to be exempt from completing and satisfying the means test requirements set out in Section 707(b)(2)(A) in a Chapter 7 case filed between December 19, 2008 and December 19, 2011.  The exemption must be claimed while the servicememb

Post date: Friday, July 01, 2011

The story goes that a farmer bought a mule from a salesman who told him that if he were polite to the mule, it would do whatever he wanted. After months of being nice – but with no success in getting the mule to work, the farmer asked the salesman for help.

Post date: Sunday, May 01, 2011

In 2009, the bankruptcy courts for the Districts of Rhode Island and New York began loss-mitigation programs, whereby the court may order a homeowner and loan servicer to try in good faith to negotiate a settlement that would be preferable to foreclosure for all parties. [1] Under these programs, the servicer is required to provide a neg

Post date: Sunday, November 01, 2009

“But as the collapse of Lehman Brothers showed, the Bankruptcy Code is not an effective tool for resolving the failure of a global financial services firm in times of severe economic stress.”
Treasury Secretary Timothy Geithner, Oct. 29, 2009

Post date: Saturday, August 01, 2009

The “rationalization”—read, reduction—of Chrysler and GM’s dealership networks has taken center stage in their respective government-led restructurings.

Post date: Sunday, February 01, 2009

On Jan. 27, 2009, the House Judiciary Committee approved the Helping Families Save Their Homes in Bankruptcy Act of 2009 by a vote of 21-15, and reported it to the full House. The bill is expected to be folded into the 2009 Omnibus Appropriations Bill, slated for imminent consideration in the House. Introduced by Sen. Richard Durbin (D-Ill.), H.R.

Post date: Tuesday, November 11, 2008

With the recent economic turmoil, there have been rumors that the current 110th Congress may address modification of 11 U.S.C. §1322(b)(2). If not addressed by the 110th Congress in its waning days, legislation most certainly will be introduced in the 111th Congress to make primary home mortgages subject to cramdown.

Post date: Friday, February 01, 2008

The federal judiciary has not had a substantial pay raise since 1991, but on January 31, 2008 the Senate Judiciary Committee marked up and approved the Federal Judicial Salary Restoration Act of 2007 (S.

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