Legislative Efforts in the Aftermath of Hurricane Katrina
Reps. John Conyers (D-Mich.), Mel Watt (D-N.C.), Jerrold Nadler (D-N.Y.) and Sheila Jackson-Lee (D-Texas) introduced legislation (H.R. 3697) to protect the families and small businesses that were financially devastated by Hurricane Katrina from being penalized by the provisions contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which is scheduled to take effect on Oct. 17, 2005.
Bankruptcy Judgeships
As a result of the Supreme Court vacancies created by the death of Chief Justice William Rehnquist and the retirement of Justice Sandra O’Connor, the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, which is chaired by Sen. Jeff Sessions (R-Ala.), has been heavily involved in the confirmation processes to fill these positions. On Sept. 29, 2005, the full Senate confirmed Judge John G. Roberts as the new Chief Justice following lengthy confirmation hearings. Filling Justice O’Connor’s seat is expected to be even more time-consuming and perhaps more acrimonious. As a result, the Subcommittee has deferred any hearings that would address the need for additional bankruptcy judgeships. However, as soon as the second Supreme Court position is filled, efforts will be made to obtain a hearing that was promised earlier by the Majority Counsel to the Subcommittee.
There is a likely possibility that a judgeship bill will be introduced in the House by Representative James Sensenbrenner (R-Wis.); chairman of the House Judiciary Committee. The bill will include circuit, district and bankruptcy judgeships. It will also include a split of the Ninth Circuit into three separate circuits. The Judicial Conference of the United States recently voted not to take a position as to the proposed split of the Ninth Circuit.
BAPCPA - Technical Corrections
Senator Jon Kyl (R-Ariz.), a member of the Senate Judiciary Committee, recently preparded for discussion a draft “Bankruptcy Reform Technical Amendments Act of 2005.” This bill contains various technical corrections that would affect attorney liability concerns, the definition of debt relief agency and provisions affecting the powers and duties of committees, as well as a separate chapter addressing federal workout proceedings, among many other provisions. The bill will be referred to the Judiciary committee for consideration.
Agenda for the 2005 Winter Leadership Conference
On Friday, Dec. 2, 2005, from 9:30-11:00 am, the committee program will consider the early implementation issues surrounding the effective date of BAPCPA, including the rules process, U.S. Trustee practices and court procedures.