[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] OVERSIGHT OF BANKRUPTCY LAW AND LEGISLATIVE PROPOSALS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON ANTITRUST, COMMERCIAL AND ADMINISTRATIVE LAW OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ TUESDAY, JUNE 25, 2019 __________ Serial No. 116-30 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 45-063 WASHINGTON : 2022 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chair MARY GAY SCANLON, Pennsylvania, Vice-Chair ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking SHEILA JACKSON LEE, Texas Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, Jr., HENRY C. ``HANK'' JOHNSON, Jr., Wisconsin Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania SYLVIA R. GARCIA, Texas BEN CLINE, Virginia JOE NEGUSE, Colorado KELLY ARMSTRONG, North Dakota LUCY McBATH, Georgia W. GREGORY STEUBE, Florida GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief Counsel BRENDAN BELAIR, Minority Staff Director ------ SUBCOMMITTEE ON ANTITRUST, COMMERCIAL AND ADMINISTRATIVE LAW DAVID N. CICILLINE, Rhode Island, Chair JOE NEGUSE, Colorado, Vice-Chair HENRY C. ``HANK'' JOHNSON, Jr., F. JAMES SENSENBRENNER, Jr., Georgia, Wisconsin, Ranking Member JAMIE RASKIN, Maryland KEN BUCK, Colorado PRAMILA JAYAPAL, Washington MATT GAETZ, Florida VAL BUTLER DEMINGS, Florida KELLY ARMSTRONG, North Dakota MARY GAY SCANLON, Pennsylvania W. GREGORY STEUBE, Florida LUCY McBATH, Georgia SLADE BOND, Chief Counsel DANIEL FLORES, Minority Counsel C O N T E N T S ---------- Tuesday, June 25, 2019 Page OPENING STATEMENTS The Honorable David Cicilline, Chair of the Subcommittee on Antitrust, Commercial and Administrative Law from the State of Rhode Island................................................... 1 The Honorable James Sensenbrenner, Ranking Member of the Subcommittee on Antitrust, Commercial and Administrative Law from the State of Wisconsin.................................... 2 The Honorable Jerrold Nadler, Chair of the Committee on the Judiciary from the State of New York........................... 3 The Honorable Doug Collins, Ranking Member of the Committee on the Judiciary from the State of Georgia........................ 5 WITNESSES Panel 1 The Honorable Richard Durbin, Member of Congress Oral Testimony................................................. 7 Prepared Testimony............................................. 9 The Honorable Nydia Velazquez, Member of Congress Oral Testimony................................................. 12 Prepared Testimony............................................. 14 The Honorable Ben Cline, Member of Congress Oral Testimony................................................. 19 Prepared Testimony............................................. 20 The Honorable Antonio Delgado, Member of Congress Oral Testimony................................................. 23 Prepared Testimony............................................. 25 Panel 2 Hollister Petraeus, Former Assistant Director, Consumer Financial Protection Bureau's Office of Servicemember Affairs Oral Testimony................................................. 29 Prepared Testimony............................................. 32 Robert Keach, American Bankruptcy Institute Oral Testimony................................................. 36 Prepared Testimony............................................. 49 Ed Boltz, National Association of Consumer Bankruptcy Attorneys Oral Testimony................................................. 58 Prepared Testimony............................................. 60 John Rao, National Consumer Law Center Oral Testimony................................................. 69 Prepared Testimony............................................. 71 Dalie Jimenez, Professor of Law, University of California Irvine School of Law Oral Testimony................................................. 94 Prepared Testimony............................................. 96 The Honorable Thomas Small, National Bankruptcy Conference Oral Testimony................................................. 114 Prepared Testimony............................................. 116 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Items submitted by Robert Keach, American Bankruptcy Institute for the record A statement from the American College of Bankruptcy, dated June 14, 2019, endorsing the Family Farmer Relief Act and the Small Business Reorganization Act............................ 38 A letter from the The American College of Bankruptcy, dated June 14, 2019, endorsing the Family Farmer Relief Act and the Small Business Reorganization Act............................ 42 A letter from the The National Conference of Bankruptcy Judges (NCBJ), dated June 21, 2019.................................. 44 A statement from the American College of Bankruptcy, dated June 11, 2019, supporting the HAVEN Act........................... 48 Attachment entitled ``Subchapter V--Reorganization of a Small Business Enterprise Debtor,'' submitted by the Honorable Thomas Small, National Bankruptcy Conference for the record........... 123 Items submitted by the Honorable David N. Cicilline, Chair of the Subcommittee on Antitrust, Commercial and Administrative Law from the State of Rhode Island for the record A statement from the American College of Bankruptcy, dated June 14, 2019, endorsing the Family Farmer Relief Act and the Small Business Reorganization Act............................ 152 A statement from the American College of Bankruptcy, dated June 11, 2019, supporting the HAVEN Act........................... 154 A statement from the Association of Young Americans endorsing the Student Borrower Bankruptcy Relief Act................... 155 APPENDIX Items submitted by the Honorable David Cicilline, Chair of the Subcommittee on Antitrust, Commercial and Administrative Law from the State of Rhode Island for the record A report entitled ``Effectuating the Fresh Star,'' American Bankruptcy Institute......................................... 160 An article entitled ``The Bankruptcy Code's Disservice to Those Who Served,'' American Bank Institute Journal................ 175 An article entitled ``Defending Our Veterans,'' American Bank Institute Journal............................................ 179 A letter from the Consumer Bankers Association (CBA) supporting reforming student loans...................................... 182 A letter from the The National Conference of Bankruptcy Judges (NCBJ), dated May 31, 2019, submitted by Robert Keach, American Bankruptcy Institute for the record................. 185 OVERSIGHT OF BANKRUPTCY LAW AND LEGISLATIVE PROPOSALS ---------- Tuesday, June 25, 2019 House of Representatives Subcommittee on Antitrust, Commercial and Administrative Law Committee on the Judiciary Washington, DC The Subcommittee met, pursuant to call, at 10:01 a.m., in Room 2141, Rayburn Office Building, Hon. David Cicilline [Chair of the Subcommittee] presiding. Present: Representatives Cicilline, Nadler, Neguse, Johnson of Georgia, Jayapal, Scanlon, McBath, Sensenbrenner, Collins, Buck, Armstrong, and Steube. Staff present: David Greengrass, Senior Counsel; John Doty, Senior Advisor; Lisette Morton, Director of Policy, Planning, and Member Services; Madeline Strasser, Chief Clerk; Moh Sharma, Member Services and Outreach Advisor; Susan Jensen, Parliamentarian/Senior Counsel; Julian Gerson, Staff Assistant; Joseph Van Wye, Professional Staff Member, ACAL Subcommittee; Slade Bond, Chief Counsel, ACAL Subcommittee; Daniel Flores, Minority Chief Counsel; and Andrea Woodard, Minority Professional Staff Member. Mr. Cicilline. The Subcommittee will come to order. Without objection, the Chair is authorized to declare recess of the Committee at any time. We welcome everyone to our hearing on Oversight of Bankruptcy Law and Legislative Proposals. I now recognize myself for an opening statement. The overriding principle of the bankruptcy system is to give people who are overwhelmed with unimaginable debt a fresh start through meaningful relief from their debt. The system is supposed to work for everyone, from consumer debtors and small business owners to family farmers, serviceMembers, and veterans, and give them a new pathway to economic prosperity. But as the witnesses at today's hearing will document, the bankruptcy system is not working. For example, as my colleague and friend, Senator Durbin, will attest, far too many student loan borrowers have been unable to succeed financially due to overwhelming student loan debt. The amount of outstanding student loan debt has skyrocketed to $1.5 billion. According to the Federal Reserve, this amount has tripled since 2006 and is expected to grow to $2 billion by 2022. In addition to undermining the quality of life and the earning of borrowers, the crisis has also severely affected the economy overall. The American Bankruptcy Institute reports that student loan debt has undermined homeownership, automobile ownership, and has also resulted in a decline in students choosing public service careers over the private sector. As this report notes, and I quote, ``student loan debt thus affects not only those who owe the loans, but also has consequences that ripple through our communities and our nation.'' Worse still, 20 states have passed laws to suspend or revoke occupational and driver's licenses for people in default for student loan debt. According to a 2017 report by the New York Times there have been at least 8,700 cases of at-risk or revoked professional licenses for student loan default. In one example, the 10nessee Board of Nursing, a State with nursing shortages, suspended the license of a nurse who defaulted on her student loan because she was unable to work for a period due to severe epileptic seizures. To reinstate her license, the state required her to pay more than $1,500, which she could not afford without a job, effectively ending her career as a nurse. This grotesque outcome is due to amendments to the bankruptcy code that have made educational debt virtually non- dischargeable. Under current law, student borrowers cannot discharge this debt unless they demonstrate that they would face an undue hardship if the debt were not discharged. While Congress intended that provision to provide relief for hard-hit borrowers, in practice it is an extremely high bar to relief for those with crushing debt. As an original co-sponsor of H.R. 2648, the Student Borrow Bankruptcy Relief Act of 2019, legislation introduced by Chair Nadler and Senator Durbin to repeal the undue hardship requirement, I look forward to hearing testimony from our witnesses on ending this crisis. Today's hearing is also an opportunity to examine other potential improvements to the bankruptcy system. These include several commonsense bills that would ease burdens, streamline the bankruptcy process, or expand eligibility for service Members, veterans, small businesses, and family farmers. Additionally, this hearing is an opportunity to consider heightened disclosure requirements for bankruptcy professionals retained by the board established by Congress to oversee the budget and fiscal plans of Puerto Rico's instrumentalities. I welcome each of our esteemed colleagues to offer testimony in support of these thoughtful measures. At this time, I now recognize the gentleman from Wisconsin, the Ranking Member of this subcommittee, Mr. Sensenbrenner, for his opening statement. Mr. Sensenbrenner. I thank the Chair. The bankruptcy system is an essential element of the U.S. economy. Rooted in the bankruptcy clause of the Constitution, it has, since the founding of our republic, provided the United States with the most stable lending environment in the world. I am pleased that with today's hearing, we can begin our examination of ways that we can make our bankruptcy system even better. The Subcommittee is considering a wide range of legislative proposals today. I am an original co-sponsor of one of them, the Family Farmer Relief Act of 2019. This bill would raise the level of debt that may be taken into a family farm bankruptcy under Chapter 12. It is important that we consider this bill as it modernizes Chapter 12 to account for the higher levels of investment needed to farm in today's family farming setting. We will also examine the Small Business Reorganization Act. This bill offers a way to make Chapter 11 bankruptcy more accessible to small businesses. That will make it easier for small businesses to reorganize their debts rather than liquidate when they fall on hard times. Modeled on the Chapter 12 small farm bankruptcy provisions that have proven successful, the Small Business Reorganization Act is a genuine promise to help the bankruptcy code better serve American business in the 21st century. Two other bills we will consider offer more flexibility in bankruptcy for serviceMembers and their families, and the third would require more transparency from firms helping to resolve Puerto Rico's insolvency under the 2016 PROMESA legislation. I am glad we are considering these bills as well. Finally, we will look at Chair Nadler's proposed legislation to make all student loans dischargeable in bankruptcy. The amount of student debt has reached crisis-level proportions for large numbers of young Americans who are the future our country. I am willing to consider that bankruptcy reform should allow them an easier chance to deal with substantial debt, but I must emphasize that since the great majority of new student loans are Federal loans, we must do everything we can to make sure that innocent taxpayers are not forced to pick up the tab for unpaid student loans. Further, Congress would be remiss in steering college students to bankruptcy court as the only help that we are willing to give. Regardless of this bill, we must address the skyrocketing costs of higher education. It is my hope my colleagues are willing to work across the aisle to achieve this goal, and I yield back the balance of my time. Mr. Cicilline. Thank you, Ranking Member Sensenbrenner. The Chair now recognizes Chair of the Full Committee, the gentleman from New York, Mr. Nadler, for his opening statement. Mr. Nadler. Thank you, Mr. Chair. I thank the Chair for holding today's hearing, the first hearing in the 116th Congress on the very important subject of bankruptcy reform. The Bankruptcy Code either directly or indirectly affects millions of Americans and all types of businesses, from the largest to the smallest. When it works properly, it offers a second chance to individuals and businesses in financial distress. Various reforms are necessary to ensure that it reaches its full potential. We are fortunate today to be joined by four Members who have introduced legislation to address certain deficiencies and unfairness in the Code. I am pleased that this undertaking is largely bipartisan, which I hope will help facilitate enactment of these needed reforms. I am especially appreciative that Senator Durbin is here today to share his thoughts on legislation that both he and I introduced earlier this year, the Student Borrower Bankruptcy Relief Act. Our legislation would address head on the manifest unfairness that student loans, unlike every other unsecured debt, such as credit cards or auto loans, are effectively non- dischargeable in bankruptcy. This Subcommittee last considered such relief more than 10 years ago, and unfortunately the problem of crushing student loans has only worsened. Currently 45 million Americans owe student loan debt estimated at a total of $1\1/2\ trillion, an amount that exceeds outstanding credit card and auto loan debt combined. Some of this debt is attributable to for-profit education mills that promise much but deliver little. Some of this debt is also the result of predatory lending practices that target young Americans desperate to improve their lives and contribute to society, but who do not fully understand the terms of the loans they take on. Some of this debt is disparately borne by minorities who, on average, own more than their White counterparts, and who are more often the targets of such predatory lending practices. There is no reason that this one category of debt should be singled out for special treatment that makes relief under the Bankruptcy Code virtually impossible. I thank Senator Durbin for joining me in attempting to put an end to this injustice. The problem of student loan debt is just one of the many issues we must address. As today's witnesses will explain, we also need to address two important provisions affecting those who serve our country in the military. According to a 2018 Lifestyle Survey of Service Members and Veterans, financial issues were the top lifestyle stressor, and unfortunately bankruptcy is sometimes the best answer for those in financial distress. Under current law, National Guard Members and reservists who serve on active duty are, like other active service Members, exempt from the Bankruptcy Code means test, which determines whether a debtor's income is too high to have all his or her debts erased in bankruptcy. This critical protection for National Guard Members and reservists must be extended before it expires at the end of the year. In addition, although Social Security benefits are not treated as income for purposes of the means test, veterans' disability benefits do constitute income under this test. Fortunately, bipartisan legislation addressing this inequity has been introduced in both the House and the Senate. We must also ensure that family farmers in financial distress are eligible for Chapter 12 of the Bankruptcy Code, the specialized form of bankruptcy relief specifically intended for family farmers. I am pleased that the gentleman from New York, Mr. Delgado, is here today to discuss his bipartisan legislation that will accomplish this vital goal. In addition to these concerns, further reforms are necessary to better effectuate the financial reorganization of small businesses debtors. Experiences since the enactment of the 2005 amendments to the Bankruptcy Code show that provisions intended to streamline the bankruptcy process for these debtors fail to address certain fundamental concerns, such as the ability to cram down dissenting creditors who object to a debtor's reorganization plan. I thank the gentleman from Virginia, Mr. Cline, for his leadership on this issue. Finally, Congress should consider the need to promote greater transparency and integrity with respect to the ongoing financial reorganization of Puerto Rico. In response to dire fiscal issues facing Puerto Rico at the time, Congress passed the Puerto Rico Oversight Management and Economic Stability Act, or PROMESA, in 2016. That legislation established the Financial Oversight and Management Board with control over Puerto Rico's budget, laws, financial plans, and regulations, and the authority to retain professionals to assist the Board in executing its responsibilities. Although largely patterned on Chapter 11 of the Bankruptcy Code, PROMESA did not incorporate all facets of Chapter 11 into other relevant provisions of the Code, including, for example, the Code's mandatory disclosure requirements regarding actual or potential conflicts of interest that professional persons seeking to be retained in a bankruptcy case must make to the court prior to their retention. Fortunately, our colleague from New York, Ms. Velazquez, is with us today to discuss her legislation that addresses this shortcoming in PROMESA. In addition to our colleagues who will be testifying, we have a distinguished panel of other witnesses who will share their perspectives on the important issues under consideration today. Accordingly, I look forward to hearing from all of today's witnesses, and I yield back the balance of my time. Mr. Cicilline. I thank the gentleman. I am now pleased to recognize the Ranking Member of the full committee, the gentleman from Georgia, Mr. Collins, for his opening statement. Mr. Collins. Thank you, Chair Cicilline and Ranking Member Sensenbrenner. I am glad that we are having this hearing today, and it is good to be on something that we can all discuss and hopefully move forward on. It is good to see the senator and the rest of our Members here as well. The bankruptcy system is a critical component of the economy. It provides for an important safety net for entrepreneurs and households when they need a fresh start. It also stabilizes and encourages lending because it is a tried- and-true way for creditors to recover as much as feasible when things go wrong for borrowers. I particularly applaud this Subcommittee for considering today the Small Business Reorganization Act. This important bill, recently introduced by Representative Cline and Subcommittee Chair Cicilline, offers long-term and long-needed reform to Chapter 11 of the Bankruptcy Code to help small businesses. Chapter 11 has for many years been the key to survival for firms that need to reorganize their debt so they can continue in business. Reorganization preserves jobs, investments, and valuable contributions to our economy. For just as many years, Chapter 11's terms have been poorly suited to allow small businesses and their creditors to take full advantage of the relief it promises. To solve this problem, this bill takes up as a model for small business the provisions of Chapter 12 that help small family farmers to reorganize their farming enterprises when needed. Chapter 12 has long worked well for family farmers. Weaving models based on it into Chapter 11 for general use in small business cases is a terrific idea. I was proud to have introduced the Small Business Reorganization Act last term with the Subcommittee Chair Cicilline, and I am proud to be an original co-sponsor this term. This bill promises to finally make Chapter 11 work for the entrepreneurs whose small businesses form the backbone of job creation in communities across our Nation. We also consider today several other bills. Respectively, they offer more flexibility in bankruptcy for service Members and their families, an increase in the amount of debt that can be reorganized in Chapter 12 bankruptcies, and increased transparency concerning firms helping to resolve Puerto Rico's insolvency under the 114th Congress' PROMESA legislation. I am glad that we have the chance to examine these bills today. We are also, though, here to consider Chair Nadler's proposed legislation to expand the amount of student loan debts that can be discharged in bankruptcy, and I also recognize the senator's work on that as well. However, like many Members, I am deeply touched by the skyrocketing cost of higher education and the massive amounts of debt students are taking on to shoulder these costs. To be the best help, Congress must find ways to stop the explosion of costs. Congress' answer to students should not be, sorry, we are unwilling to drive down costs, but we want to make it easier for you to end up in bankruptcy court. The answer needs to be about the costs themselves and the institutions with a firm look at the total picture. As someone who just came from, you know, a few years ago on the state level, this is one of the biggest issues we have, and I am glad we are discussing it. We need to find an answer to this, but I think we cannot also discharge the cost aspect of university and college systems as we go forward. Also, since the vast majority of students loans are now Federal loans, our answer to taxpayers shouldn't be that in response to unbearable student loan levels, all Congress can do is to increase the ways in which taxpayers get left holding the bag. That is exactly what happens when Federal student loans are discharged in bankruptcy cases. I really want to help Chair with his proposal and the senator as well and would ask all my colleagues to join in a real search for real solutions that we can find a total picture of this problem we have. It is something that needs to be fixed, but simply in life, sometimes the best answer is not free. It is how do we get in and dig and find our important answer. With that, I yield back. Mr. Cicilline. I thank the gentleman. We have two panels of witnesses today. It is now my pleasure to introduce today's first panel. Our first witness is Senator Dick Durbin. Senator Durbin is the 47th United States senator from the State of Illinois and is the state senior senator. He serves as the Senate Democratic Whip. Currently he sits on the Senate Judiciary, Appropriations, Agriculture, and Rules Committees. Senator Durbin is the author of S. 1414, the Student Borrower Bankruptcy Relief Act of 2019, which is identical to H.R. 2648, a bill introduced by Chair Nadler earlier this year. Our second witness, Congresswoman Nydia Velazquez, is the representative for New York's 7th Congressional District in the 116th Congress. She is the Chair of the House Small Business Committee, a senior member of the Financial Services Committee, and a member of the House Committee on Natural Resources. She is currently serving her 14th term as a member of Congress. She is also the author of H.R. 683, which would impose disclosure requirements for professional persons employed by the Financial Oversight and Management Board for Puerto Rico. Our third witness on the panel is Representative Ben Cline of Virginia's 6th Congressional District. He is a member of both the House Judiciary Committee and the Education and Labor Committee. He previously served as a member of the Virginia House of Delegates from 2002 to 2018. Representative Cline is the author of H.R. 3311, the Small Business Reorganization Act of 2019. Our fourth witness on the first panel is Congressman Antonio Delgado, the first-term representative from New York's 19th District. He is a member of the Agriculture, Small Business, and Transportation and Infrastructure Committees. Additionally, he is the author of H.R. 2336, the Family Farmer Relief Act of 2019. We welcome all our distinguished witnesses on our first panel and thank them for participating in today's hearing. Please note that each of your written statements will be entered into the record in its entirety. Accordingly, I ask that you summarize your testimony in 5 minutes. As you know, to help you stay within this time, there is a timing light on your table. When the light switches from green to yellow, you have 1 minute to conclude your testimony. When the light turns red, it signals your 5 minutes have expired. We will, of course, try to afford you every courtesy we can. We will begin, of course, with Senator Durbin. You may begin. STATEMENT OF THE HON. RICHARD DURBIN Senator Durbin. Chair Cicilline, thank you for the introduction. Chair Nadler, good to see you again. My friend, Congressman Sensenbrenner, it is great to be here with you, and Congressman Collins who left earlier, we have worked together. I am going to submit my statement for the record. I would like to just make three or four points if I can. Number one, I recently had a conversation with a member of the Federal Reserve--I won't name the person--and I asked about the issue of student loans. This person said to me, this noted economist said to me, I don't get it. Why is it that no matter what you borrow money for, whether it is essential or frivolous, under our bankruptcy system, you can be discharged from that decision to borrow that money under certain economic circumstances, but not student loans. Student loans trail you to the grave. This is a decision you are making that is going to be with you to the bitter end because you cannot discharge it in bankruptcy. Now, think of the people most affected by it. They are the people in America least experienced when it comes to debt: 19- 20-year-old college students? What does $30,000 mean to that student? What does $50,000 mean to that student? Probably nothing because they don't have a life experience to measure it against as to what they are likely to earn and what they are likely to be able to pay back. That is the largest class of people who are affected by this decision which says we will not allow you to discharge your decision, even if it's a bad one, in bankruptcy except in the most extreme circumstances. I also would like to make a point that the Wall Street Journal a look at how many people qualify to be discharged in bankruptcy for student debt because of undue hardship. The Wall Street Journal found in the year 2017, despite the fact, as Chair Nadler said, we have tens of millions of people in debt with student loans, four--exactly four--in the entire United States of America could prove undue hardship. The Department of Education enforces the collection of most of these student loans. I have asked them to consider the possibility that if you are a quadriplegic disabled veteran saying it is an undue hardship to pay back your student loan, you just might be credible. Well, I haven't been able to convince them of that, but it shows you the extreme circumstances we have here. The only debt you cannot discharge in bankruptcy is incurred by people with little life experience and virtually no way to escape it by the current law requiring undue hardship to be proven. The other point I want to make to you is a point well taken. We need to address not only student debt, but the increasing cost of education. It has gone through the roof, and it is out of control. First stop, let me suggest to you, I will give you two numbers, and these two numbers are going to be on the final, so you might want to write them down: 9 and 35. Nine percent of high school graduates in America go to for-profit colleges and universities, 9 percent. Thirty-five percent of all student loan defaults are students from for-profit colleges and universities. What does that tell us? They are over- charging and under-educating. They are not preparing the people with this debt to move forward in a life that can pay of that debt. So, 35 percent of all the student loan defaults can be addressed by addressing the outrages involved in the for-profit college and university industry. Secondly, I happen to believe that when it gets right down to it that there is going to be a restructuring within higher education. Jack Reed, well known to Chair, has a provision which says to a school you are going to have skin in the game. If you drag this student into a debt that is unimaginable, unpayable, your institution is going to be on the line, too. Why is that such an outrageous idea? They are borrowing money through the Federal government and, in some cases, in the for- profit cases, running all the way to the bank. Why shouldn't they have some skin in the game when it comes to defaults on student loans? They might think twice about the loan. They might think twice about the cost of tuition in higher education. We have got to get them in sync with the reality that unless we do something, they have got a perfect world. They can use Federal taxpayers' dollars, make the profit off them, and leave the responsibility to those kids, their families, and future generations. Let's start with this. Let's do this change in bankruptcy. It wasn't that long ago that people could discharge loans in bankruptcy. Let's return to that. It will give not only these young people a second chance, but it will be a dramatic boost to the economy. Thank you, Mr. Chair. [The statement of Senator Durbin follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Senator Durbin. The Chair now recognizes Representative Velazquez for 5 minutes. STATEMENT OF THE HON. NYDIA VELAZQUEZ Ms. Velazquez. Chair Cicilline, Chair Nadler, Ranking Member Sensenbrenner, and Members of this subcommittee, thank you for the opportunity to testify today on my legislation, the Puerto Rico Recovery Accuracy in Disclosures Act. This important bill will close a loophole in the Island's debt restructuring process, improve transparency, and restore confidence and integrity in the process. Before Hurricane Maria devastated Puerto Rico in late 2017, the Island was already in a deep recession brought on in part by trying to pay down over $120 billion in government debt. In response, Congress passed the Puerto Rico Oversight Management and Economic Stability Act, known as PROMESA, in 2016 to set up an orderly bankruptcy process to restructure this debt, stimulate economic development, and put the Island on a path to financial recovery. While we can have a difference of opinion on how well the Oversight Board is carrying out its mission, one thing should be clear: the Island and her people are entitled to the same rights and protections as any debtor on the mainland. As the Committee is aware, the trust the American people have placed in our bankruptcy system is based on a fair, efficient, and transparent process. Transparency, as required by section 327 of the Code and Rule 2014, applies to every corporate bankruptcy, and ensures any conflicts of interest or even the perception of a conflict between those working on the bankruptcy and the debtor are disclosed. However, PROMESA does not have a similar requirement. My bill will address this oversight and apply a robust disclosure requirement to all PROMESA title III proceedings, eliminating the double standard the people of Puerto Rico are facing. Puerto Ricans should be confident that the Board's bankruptcy advisors do not have their thumb on the scale to favor certain debts where they have a self-interest and ensure integrity in the PROMESA process. The need for PRRADA was recently articulated when the Board-appointed law firm investigated potential conflicts in Puerto Rico's bankruptcy. One of the main recommendations in the law firm's report was that vendors should disclose affiliate relationships and found that trading in Puerto Rico's public debt is particularly problematic as it gives rise to the appearance of conflict. This is exactly what the PRRADA bill requires vendors to do and why the bill should become law. PRRADA will guarantee to the people of Puerto Rico the same transparency and disclosure practices required by law in U.S. mainland bankruptcies. In the interest of fairness for Puerto Rico's people and for the impartiality in restructuring and thereby securing Puerto Rico's future, we must pass H.R. 683 and close this loophole. I am proud to say this is bipartisan legislation with co-sponsors from both sides of the aisle, including Members of this Committee and Members of the Natural Resources Committee, which, as you may know, has been deeply involved in Puerto Rico policy. I kindly ask that the Judiciary Committee look favorably on this bill, and I thank you again for the opportunity to be here today and to bring fairness to the people of Puerto Rico. Thank you. [The statement of Ms. Velazquez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Chairwoman Velazquez. The Chair now recognizes Representative Cline for his opening statement. STATEMENT OF THE HON. BEN CLINE Mr. Cline. Thank you, Mr. Chair, Ranking Member Sensenbrenner, and Chair Nadler for holding this hearing today and for the opportunity to appear before you to discuss the Small Business Reorganization Act, which I am proud to introduce alongside Chair and Ranking Member Collins. In 2010, the National Bankruptcy Conference Small Business Working Group identified a problem regarding small businesses in the current bankruptcy law and presented to Congress a report which recommended amendments to the Bankruptcy Code to add a new Chapter for small business reorganizations. Chapter 11 of the Bankruptcy Code was primarily designed to allow a business to restructure its debt obligations while maintaining operations with the underlying principle being that a business in its entirety is more valuable than assets valued independently. The point of Chapter 11 is that preservation of the business benefits both the creditor, who should receive a higher recovery because of the debtor's restructuring than they would otherwise obtain through a liquidator, and the debtor, who can remain in business. Unfortunately, the current Bankruptcy Code makes it difficult for small businesses to reorganize and forces them to use alternatives that often lead to liquidation. When the choice is between a process that is time consuming and needlessly expensive or the simpler route of negotiating with creditors for liquidation under State law, many small businesses overwhelmed by their situation choose the latter. Our legislation intends to fix this problem by allowing small businesses with less than $2.5 million in debt to file bankruptcy in a timely, cost-effective manner, and hopefully allows them to remain in business. This not only benefits the owners, but employees, suppliers, customers, and others who rely on that business. Under our legislation, small business owners could retain a stake in the company if the reorganization doesn't discriminate unfairly and is fair and equitable with respect to each class of claims or interests. Bankruptcy courts couldn't approve the plan unless all of the small business' disposal income, excluding amounts necessary for the payment of ordinary operating expenses, is applied to the plan over a 3-5-year period. Mr. Chair, as you well know, our districts depend on their small businesses. They are convenience stores, restaurants, and pharmacies. Those who endeavor to open and run a small business are proud of their work and their standing in our communities. Unfortunately, they also take on sometimes insurmountable financial burden. When they are forced to close, it has a great impact on the community. I am proud to join you, Mr. Chair, in introducing the Small Business Reorganization Act to provide an important avenue of relief to the people in our communities who employ countless individuals and who drive our local economies. With that, thank you, Mr. Chair. [The statement of Mr. Cline follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Representative Cline. Representative Delgado is now recognized for 5 minutes. STATEMENT OF THE HON. ANTONIO DELGADO Mr. Delgado. Thank you, Chair Cicilline. I also want to thank Ranking Member Sensenbrenner as well as Chair Nadler, Ranking Member Collins, and the entire Subcommittee for the invitation. I appreciate you holding this hearing to make sure our nation's bankruptcy laws reflect today's economy and represent the experiences of our nation's farmers. I am proud to represent New York 19th Congressional District, which stretches nearly 8,000 square miles. It is made up of 11 counties and includes the beautiful Hudson Valley and Catskill Mountains. My district is the 8th most rural in the country and the 3rd most rural represented by a Democrat. It is home to more than 500 farms, 8,000 farm operators, and 5,000 farmers. Today I am here to speak on behalf of family farmers across my district, who, along with farmers across the country, are facing alarming rates of foreclosure during this down-farm economy. I would like to take this opportunity to articulate for the Committee exactly what a down-farm economy looks like. Farmers are currently facing a 5th year of declining net farm income. Prices are low, inputs are high, and current trade policies make the future unknown. The year 2018 marked the 4th consecutive year of rising bankruptcy rates as a proportion of the farm population. In addition, at the 2018 Agriculture Economic Outlook Foreign Trade Forum, the USDA chief economist said net farm income is expected to remain flat over the next 10 years, and, when accounting for inflation, to fall in real terms. This is a down-farm economy, and this story is not unique to New York 19 or upstate New York. This is an urgent national issue for our farmers. According to the National Farm Bureau, last year just 498 farms filed for Chapter 12 bankruptcy compared to nearly 766,000 consumer filings through Chapter 7 and 13. Over the last 10 years, Chapter 7 and Chapter 13 have seen 10 million total filings compared to just 5,039 Chapter 12 filings. It is clear the current debt cap has rendered Chapter 12 inaccessible for today's farm families. This farm economy is exacerbated by an outdated filing cap that leaves farmers without options to restructure or repay their debt. This is why I introduced the Family Farm Relief Act, along with the Ranking Member, Mr. Sensenbrenner, and our colleagues on both sides of the aisle. H.R. 2336 is a bipartisan step to give these family farmers long-overdue relief through Chapter 12. Chapter 12 debt relief was, in fact, originally written for family farmers experiencing a down-farm economy. The rules as written allow for a seasonal repayment as farmers' incomes shift with the seasons. Our legislation modifies Chapter 12 bankruptcy rules to increase the debt cap for eligibility from $3,237,000 to $10 million. These changes reflect the increase in land values as well as the growth over time and the average size of U.S. farming operations. These changes will provide farmers additional options to manage the current farm economy. Lifting the cap will allow farmers to retain assets and continue farm operation. The Family Farm Relief Act, which also has a bipartisan Senate counterpart, has the support of important voices in the farming community, including the American Farm Bureau Federation and the National Farmers Union. Upon introduction, the American Farm Bureau said this legislation will help to align bankruptcy law with the scale and credit needs of U.S. agriculture. The National Farmers Union also joined in endorsing the Family Farm Relief Act saying that it will help more family farmers avoid liquidation or foreclosure, allowing them to stay in operation. This legislation aims to do just that: Keep farmers operational. Allowing farmers increased flexibility is critical to the health and wellness of our family farmers in the upstate economy at large. I encourage the Committee to mark up this legislation and bring it to the House floor so we can give our farmers and growers the flexibility they need to continue operations. Thank you all again for the opportunity to testify today to address how we can aid our farmers in this difficult farm economy. I look forward to working with you all to advance the Family Farm Relief Act. Thank you. [The statement of Mr. Delgado follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Representative Delgado. In keeping with our committee's practice, the witnesses are at this point excused. We thank you very much for coming here today to share your thoughts about these various pieces of legislation and thank you for your leadership on this very important issue. This was very informative to the Committee and will certainly guide us as we consider these legislative proposals. Thank you again. The witnesses for the second panel will please take your seats after our staff have made the administrative arrangements, which is code for placing your name cards on the table. Thank you and welcome to our witnesses. Our first witness on our second panel is Hollister Petraeus. Ms. Petraeus retired from the Consumer Financial Protection Bureau in 2017 after spending 6 years as the director of the Office of Servicemember Affairs where she worked to strengthen consumer protection measures for the military, veterans, and their families. Prior to joining the CFPB, Ms. Petraeus served as the director of BBB Military Line, a program with the Council of Better Bureaus that fosters outreach between local better business bureaus and military communities. She currently sits on the board of directors of the Children of Fallen Patriots Foundation and the Board of Governors of the National Military Family Association. Ms. Petraeus received her bachelor's degree from Dickinson College and is the recipient of the Department of Defense Medal for Distinguished Public Service. Welcome. The second witness on our panel is Robert Keach, who appears on behalf of the American Bankruptcy Institute. He is a shareholder at Bernstein, Shur, Sawyer, & Nelson, and focuses on bankruptcy reorganization and out-of-court workouts. He has appeared before bankruptcy courts in seven districts across New England, New York, and California. He has been a panelist for national bankruptcy, lender liability, and creditors' rights programs. Mr. Keach served as the President of the ABI from 2009 to 2010 and is currently an adjunct professor teaching cross-border insolvency and business bankruptcy at Boston College Law School. He received his B.A. from the University of Vermont and his J.D. from the University of Maine School of Law. Our next witness is Edward Boltz, representing the National Association for Consumer Bankruptcy Attorneys. Mr. Boltz currently serves as an attorney and managing partner at the Law Offices of John Orcutt. There he represents consumers across a broad spectrum of financial matters, including Chapter 7 and 13 bankruptcies, mortgage issues, and student loan legislation. Mr. Boltz is also the vice President of NICBA, a position he has held since 2007. At various points he has served as the NICBA's director, president, and co-chair of the Legislative Committee as well. Mr. Boltz received his B.A. from Washington University in St. Louis and his J.D. from George Washington University Law School. Our third witness is John Rao, who appears on behalf of the National Consumer Law Center. Mr. Rao has been a staff attorney at NCLC since 1996 focusing on consumer credit, mortgage servicing, and bankruptcy issues. He provides testimony to Congress and Federal regulatory agencies on issues affecting low-income consumers and has filed amicus briefs in cases before the Supreme Court and various courts of appeal. Before joining NCLC, he was a managing attorney at the Providence office of Rhode Island Legal Services, heading the program's consumer unit. He received his B.A. from Boston University and his J.D. from the University of California Hastings Collee of Law. A special welcome to you, Mr. Rao. Our fifth witness is Professor Jimenez, a professor at the University of California Irvine School of Law. Professor Jimenez's research focus is on bankruptcy, consumer financial distress, and financial product regulation and their intersection with consumer protection and access to justice. She was a founding staffer with the Consumer Financial Protection Bureau where she worked on debt relief, credit reporting, and student loan issues. She received her M.S. from the Massachusetts Institute of Technology and her J.D. from Harvard Law School where she won the Outstanding Bankruptcy Student Award from the American Bankruptcy Institute. Welcome. Our last witness today is Judge Thomas Small, who is representing the National Bankruptcy Conference. Judge Small served as a bankruptcy judge for the Eastern District of North Carolina from 1982 to 2007, and as chief judge from 1992 to 1999, and again from 2006 to 2007. From 2000 to 2001, he served as President of the National Conference of Bankruptcy Judges and chaired the U.S. Judicial Conference Advisory Committee on Bankruptcy Rules from 2000-2004. Additionally, since 2007, Judge Small has sat on the Board of Editors of the Collier on Bankruptcy Treatise. He received his B.A. from Duke University and his J.D. from the Wake Forest University School of Law. We welcome all our very distinguished witnesses on the second panel and thank you for participating in today's hearing. Now if you would please rise, I will begin by swearing you in. Please raise your right hand. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information, and belief, so help you God? [A chorus of ayes.] Mr. Cicilline. Let the record show the witnesses answered in the affirmative. You may be seated. Thank you. Please note that each of your written statements will be entered into the record in its entirety. Accordingly, I ask that you summarize your testimony in 5 minutes. To help you stay within that time, there is a timing light on your table. When the light switches from green to yellow, you have 1 minute to conclude your testimony. When the light turns red, it signals that your 5 minutes have expired. Ms. Petraeus, we will begin with you. You are recognized for 5 minutes. TESTIMONY OF HOLLISTER K. PETRAEUS Ms. Petraeus. Chair Cicilline, Ranking Member Sensenbrenner, Chair Nadler, and distinguished Members of the subcommittee, thank you for the opportunity to speak to you today, most notably on the HAVEN Act, which was recently introduced by Representatives McBath and Steube. Let me say up front that I'm not a bankruptcy expert nor a lawyer, but I do have a long history of advocacy for the military on consumer financial matters. I'm the daughter, wife, and mother of Army officers. As I've lived a life of constant moves and, more recently, combat deployments, I saw the impact those events had on the finances of military personnel and their families. During the first year of the Iraq War, my husband's division went to war. I saw the families' financial challenges firsthand during that year, not just those of the active-duty troops, but also families of the Guard and Reserve who came to our family assistance center for help. I did what I could to help raise awareness with our Federal and State legislators who visited. I also worked with local business leaders to include the Better Business Bureau, which led to the job that I held there for 6 years. Running the BBB Military Line was an education for me on the fact that many scammers specifically target the military for their steady paycheck, which is often coupled with youth and financial inexperience. While I was at the BBB, we developed a number of free financial readiness workshops to provide in-person financial education for serviceMembers and their families. But while education is important, the sad truth is that in many cases, serviceMembers' finances are impacted by events that they cannot control: Deployments, shoddy loan servicing, inaccurate credit reporting, and the flouting of important consumer financial laws. So, when I was offered the opportunity to head up the Office of Servicemember Affairs at the newly-formed Consumer Financial Protection Bureau, I jumped at the chance. I knew that the Bureau had the power to enforce consumer financial laws, and that to me was a vital part of protecting military families' hard-earned money. I ran that office for 6 years, and in that time, we saw over $120 million returned to serviceMembers. Last year, I was asked to join an American Bankruptcy Institute Task Force on Veterans and Service Members. One of its most immediate missions was to correct a glaring error in the Bankruptcy Code of 2005, language that effectively denied disabled veterans the protections it provided to all other disabled Americans. Under the 2005 law, judges could no longer decide the debtor's disposable income but had to include virtually all income that the debtor received, except for three things: Benefits received under the Social Security Act, payments to victims of war crimes, and payments to victims of terrorism. That first item is the problem. Civilians receive disability benefits from the Social Security Administration, but disabled Service Members and Veterans do not. They get their disability benefits from the VA and from the Department of Defense. So, by using specific language referencing the Social Security Act, Congress effectively denied those who had become disabled in the service of their country the rights given to others who had not served, and that is obviously not right. I cannot imagine that Congress intended this, but with their disability pensions counted, veterans may fail the means test and not qualify for Chapter 7 bankruptcy which allows for a quick, fresh start. Instead, they must file for Chapter 13 with a 3- to 5-year payment plan that they must fund from their current monthly income, including their military disability pension. Surely Congress never intended that a military disability benefit should go into the pockets of creditors. The HAVEN Act will fix that problem. Let me also mention one other item you are considering for National Guard and Reserve Members. Combat deployment, while a source of extra pay, could have a catastrophic impact on their civilian small business. If they opted for bankruptcy, the means test counted their military special pay and allowances, even though they were no longer receiving them. That could make their income too high for bankruptcy. The National Guard and Reservists Debt Relief Act of 2008 fixed that issue, and today you are looking to extend it for another 4 years, an action I support. Our citizen soldiers who put on the uniform of our country should not be financially penalized for doing so. Ideally, no one should need to declare bankruptcy, but it happens and at a higher rate for veterans. Many of them have disabilities that make it hard to earn a living wage, and that may limit their caregiver spouse, too. No veteran should face the added stress of pledging their disability benefits to creditors. You can eliminate the roadblocks and make it harder for them to discharge their debts, and I commend you--excuse me--for your efforts today. Thank you. [The statement of Ms. Petraeus follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Ms. Petraeus. Mr. Keach is now recognized for 5 minutes. TESTIMONY OF ROBERT KEACH Mr. Keach. Mr. Chair-- Mr. Cicilline. Would you please turn on your microphone? Mr. Keach. Thank you. Mr. Cicilline. Thank you. Mr. Keach. Chair Cicilline, Ranking Member Sensenbrenner, and Chair Nadler, distinguished Members of the subcommittee, thank you for inviting me to present the views of the American Bankruptcy Institute in support of the several bipartisan bankruptcy measures now pending before the subcommittee. ABI is the world's largest association of professionals practicing in appropriately structuring in personal bankruptcy with nearly 11,000 Members worldwide. I was honored to serve as the co-chair of the ABI's Commission to Study the Reform of Chapter 11. The 400-page report of the Chapter 11 Commission was the product of more than 3 years of study on how best to improve and modernize the Bankruptcy Code with input from all sectors and viewpoints. The report has been an influential resource for stakeholders and cited by numerous Federal courts, including the Supreme Court, and inspires reform efforts like the bipartisan, bicameral items on today's agenda. Others will speak on some of these bills, but let me focus on two: The Family Farmer Relief and the Small Business Reorganization Act. The ABI endorses and urges passage of the Family Farmer Relief Act. This bipartisan and bicameral legislation would increase the debt limits for the filing of Chapter 12 cases from the existing limits, now about $4.1 million, to $10 million. Since its enactment in the midst of the severe farm crisis in 1986, Chapter 12 has been a useful and durable support for the cyclical and economic challenges faced in American agriculture. The original debt limit for Chapter 12 eligibility was $1.5 million. That was set in 1986. However, today's farming operations are larger. Farming has become much more expensive due to the need to access technology. Accordingly, debt loads are much larger given the capital requirements for farmland, equipment, and inputs. As a result, the liability cap under Chapter 12, which has been increased for cost of living and other factors over the years, does not align with the modern credit and risk environment associated with family farming. This bill would increase that cap to $10 million, which we think is long overdue. A crisis in this sector is already unfolding. Uncertainties in both the trade and commodities markets as well as the impact of natural disasters makes this an ideal time to reset Chapter 12 before a larger crisis arrives. I would also, Mr. Chair, move to admit a letter from the American College of Bankruptcy in support of the Chapter 12 reform. Mr. Cicilline. Without objection, so ordered. [The information follows:] MR. KEACH FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Keach. Thank you. Let me speak also briefly about the Small Business Reorganization Act. Chapter 11 of the Bankruptcy Code has long been of great value in preserving going concern value jobs and maximizing creditor recoveries from any businesses. Small businesses are the entities that drive job creation in a dynamic economy, but they are also most likely to experience financial distress. As Congress looks to find ways to help small businesses enter the marketplace and create jobs, it should also focus on helping existing businesses succeed and save jobs that otherwise would be lost if those businesses closed their doors. The Small Business Reorganization Act of 2019 is a good start, and we thank Representative Cline and Chair Cicilline for sponsoring it in the House. This is the jobs bill that has already been paid for. It costs us nothing to make the bankruptcy system work better for small business. With some tweaking, it can be an even more effective remedy. The testimony before the ABI Commission strongly established that the Chapter 11 process simply does not work for small- and medium-sized businesses. Witnesses testified consistently that small businesses were running away from Chapter 11, and those that filed were filing, frankly, merely to facilitate a quick liquidation. Only 27 percent of small businesses that file Chapter 11 confirm plans. Why is Chapter 11 in its existing form not working? It's simply too complex and too costly for these businesses. More importantly, current doctrines that apply in Chapter 11 means that it is a virtual certainty that the existing owners of the business will not get to retain their ownership interest in reorganizing under Chapter 11. The Small Business Reorganization Act fixes those problems. However, like the Chapter 12 bill, we think its debt limit is somewhat too low at $2.6 million. ABI would encourage that the same change be made to this bill in increasing the debt limit to $10 million for small businesses. The data studied by the ABI Commission seem to establish that as the right level to encompass the businesses that need help. Here, too, I would like to introduce letters from the American College of Bankruptcy and the National Conference of Bankruptcy Judges in support of this legislation. Mr. Cicilline. Without objection, so ordered. [The information follows:] MR. KEACH FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Keach. My time is about up, but I would just take my last statement to also note that the ABI supports the HAVEN Act, and like to submit a letter from the American College of Bankruptcy in support of the HAVEN Act as well. [The information follows:] MR. KEACH FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Mr. Keach. The Chair now recognizes Mr. Boltz for 5 minutes. TESTIMONY OF ED BOLTZ Mr. Boltz. On behalf of NACBA, I want to thank Chair Nadler, Ranking Member Collins of the Judiciary Committee, and Chair Cicilline and Ranking Member Sensenbrenner of this Subcommittee for the opportunity to offer our views on the State of consumer bankruptcy and pending legislative proposals. While there are many issues related to consumer bankruptcy in play in both the courts and throughout the economy as a whole, I will limit my remarks to some currently-pending legislation directly related to bankruptcy as well as several other topics to which proposed legislation may serve as effective vehicles for essential change. First, we would talk about restoring the bankruptcy discharge for student loans. NACBA through its Members and, more importantly, its clients are often the first to see economic troubles affecting Americans. In 2007, NACBA, with the Center for Responsible Lending and the Consumer Federation of America, released a survey finding that there was a sharp rise in subprime mortgage-related problems. Shortly thereafter, we hit the great recession caused by the housing crash. In 2012, again NACBA first forecast the coming student debt bomb. Since then, student debt has skyrocketed to over $1.5 trillion, and the amount of student loan debt now surpasses all other consumer debt except for mortgage debt. In response to this unabated growth of the student loan crisis and greater questions about higher education, there have been numerous proposals, both large and small. While the Department of Justice, after consultation with NACBA, among others, has given guidelines about allowing Chapter 13 debtors to participate in various income-driven repayment plans during their bankruptcies, such plans have often faced resistance from bankruptcy courts as purportedly constituting unfair discrimination. Additionally, in February 2018, the Department of Education issued a request for information regarding its application of the undue hardship standard currently under the Bankruptcy Code. Despite more than 400 responses highlighting the harsh effects of this standard submitted more than a year ago, there have been no results, let alone any changes, in the practices by the Department of Education in this regard. Additional congressional oversight of the Department of Education would be welcome. These minimum efforts, however, show the inadequacy of piecemeal, non-comprehensive changes that stop short of restoring the general dischargeability of student loans in bankruptcy. Furthermore, while government loan programs generally lend to borrowers without regard to creditworthiness, private student loans are largely underwritten on the same basis as other consumer debts with lending risk reflected in the interest rates charged as well as requiring co-signers, often parents or elderly grandparents, and other demands for security. Research indicates that the non-dischargeability of private student loans made in 2005 by BAPCPA did not result in the lowering of interest rates by student borrowers, in large part because there is no showing of strategic default by borrowers prior to BAPCPA or since. Restoration of the discharge of bankruptcy for student loans and private student loans would help restore the most debt-burdened and make them economically functional again. For these reasons, we support Senator Durbin and the House bill, H.R. 2648, that would restore the complete discharge. We also would support as a smaller step H.R. 885, which would restore the dischargeability of private student loans. Regarding the HAVEN Act, the Bankruptcy Code uses a means test to determine the projected disposable income a debtor has to pay to unsecured creditors. These tests are based currently on monthly income, which excludes the debtor's Social Security Act, while Social Security and disability retirement benefits are excluded based on the protections outside of bankruptcy from collection by any creditors, with the sole exception largely being student loans. Debtors receiving veterans' disability benefits as well as veterans retirement benefits have these same protections outside of bankruptcy as do other forms of public retirement benefits, such as railroad workers and certain public school workers. As written in an article published earlier today, many of these people are worse off in bankruptcy than they would be outside of bankruptcy. For these reasons, NACBA supports the HAVEN Act, but would encourage this Subcommittee to look at expanding such to cover not just disability benefits, but also veterans' retirement benefits. We do recognize that should be capped, however, at the maximum amount of Social Security so as to not provide a windfall for retirees with substantial benefits otherwise. I thank you for your time. [The statement of Mr. Boltz follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you. Thank you, Mr. Boltz. The Chair now recognizes Mr. Rao for 5 minutes. TESTIMONY OF JOHN RAO Mr. Rao. Chair Cicilline, Ranking Member Sensenbrenner-- Mr. Cicilline. Please put on your microphone. Thanks. Mr. Rao. Chair Cicilline, Ranking Member Sensenbrenner, and Chair Nadler, Members of the subcommittee, thank you for inviting me to testify today. While there are a number of bills and proposals before this Committee that are worthy of consideration, including those in the report of the ABI's Commission on Consumer Bankruptcy, I wish to voice my strong support for Chair Nadler's Student Borrower Bankruptcy Relief Act, and will focus on that bill. When the bankruptcy discharge for student loans was eliminated in the Higher Education Reauthorization Act in 1998, the conference report stated that some protections still remain for borrowers in the form of undue hardship. While this was a questionable premise even then, we now know with certainty that undue hardship is effectively a non-existent right. It is virtually never used. One study has found that only one-tenth of 1 percent of bankruptcy filers with student loans seek an undue hardship discharge. The barriers to getting an undue hardship discharge are enormous and deny access to those most needing relief. Some will suggest more borrowers would try for undue hardship if Congress defined it in a way that would allow courts to apply a more lenient standard. No matter how defined, the undue hardship method of discharge will be random and arbitrary. In the two circuits where a less stringent test is currently used, student borrowers fare no better in the outcomes of their cases, and no more cases are brought in those circuits. Even with a less strict standard, the burden is on the student borrower to bring a court action and prove that their loan should be discharged. Any system that requires the poorest and most in need to come up with thousands, even tens of thousands, of dollars to fund contested litigation will not work. This economic reality alone explains why no cases are brought now and why none will be brought under a redefined standard. Another reason given in 1998 for changing the law was that borrowers in financial distress could rely upon the Department of Education's income-driven repayment plans. We now know after many years of experience that these programs are fraught with problems and their reach is limited. Many eligible borrowers are not enrolled in these plans despite clear potential benefits. Instead, borrowers are steered by servicers into forbearances and deferments, which causes their balances to grow as interest continues to accrue and is capitalized. Services do this because it is more profitable for them as it is much easier to put someone on forbearance than to enroll them in an income-driven repayment plan. Making bankruptcy dischargeable or making bankruptcy discharge available to borrowers would incentivize servicers to Act more responsibly. Even if servicer problems were fixed, it makes no sense to keep borrowers who might otherwise seek bankruptcy relief on an IDR for 20 years, especially those who don't have repayment ability to be paying nothing or some minimal amount. The administrative costs of annual recertifications and collection costs if the debtor re-defaults are a waste of taxpayer funds and further drains the student loan program. As each of the bankruptcy discharges for student loans was eliminated over the period 1977 to 2005, there was no evidence of abuse by consumer borrowers. The debate was moved by perception rather than reality. Still, any concern about the potential abuse is even less compelling now because of the substantial changes that were made in the Bankruptcy Code in 2005, including a means test, document requirements, and exemption limitations. The question remains, why student loans are treated differently? The government financially supports a number of loan programs with laudable goals similar to student loans, such as loan programs for veterans, farmers, small business owners, and homebuyers. While many of these programs also have less strict underwriting, somehow, we treat them differently and make them non-dischargeable. Some argue that this is because student loans help borrowers obtain a college degree, which is an asset that will guarantee future income. This ignores the many student borrowers who are struggling with large amount of debt never completed their schooling or obtained a degree. Even those borrowers who obtain a degree run into unexpected life traumas or other circumstances that prevent them from having sufficient incomes to repay their loans. In conclusion, it is time to directly confront the myths about student loans dischargeability and rebut the rationales for treating student loans differently in bankruptcy. Congress should reverse this policy and Act immediately to ensure that student loans are not exempted from discharge. Thank you, Chair. [The statement of Mr. Rao follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Mr. Rao. The Chair now recognizes Professor Jimenez for 5 minutes. TESTIMONY OF DALIE JIMENEZ Ms. Jimenez. Chair Cicilline, Ranking Member Sensenbrenner, and Members of the subcommittee, thank you for the opportunity to express my views to you today. In the few minutes before you, I want to urge the Subcommittee to approve bills that would make the bankruptcy discharge available to all student loan borrowers. The $1.5 trillion in outstanding student loans and the rising defaults are symptoms of structural problems that bankruptcy cannot solve. Bankruptcy, however, is well suited to bring relief to individuals who are today suffering greatly under the weight of this crushing system. I want to make the case for dischargeability of private student loans first and then focus on rebutting objections to the dischargeability of Federal loans. In 2005, owners of private student loan debt received a tremendous gift. With the stroke of a pen, the $56 billion of outstanding private loans that were originated at a time when those loans were immediately dischargeable in bankruptcy suddenly became practically nondischargeable. There was no economic justification for doing this. None. What did the American people get from this? A few studies examined the effect of the 2005 amendments on the private student loan market, including two studies that I coauthored. To summarize them, basically, making private student loans presumptively nondischargeable harmed students. It increased the cost of the loans. It did not translate into savings for subprime borrowers, and it was done despite any evidence of opportunistic behavior by private student loan borrowers. Since 2005, private lenders have increased their requirements for co-borrowers by 1.5 times. In 2005, it was 60 percent of under budget loans had a co-borrower. Now it is over 90 percent. What does the market look like today? Well, interest rates range from 0 to 20 percent, and defaults are quite low, similar to credit cards, around 2 percent. This is very different from Federal student loans that have about 11 percent default. Less than 2 percent is the only data we have from 2005 to 2011, less than 2 percent of private student loans are included in a bankruptcy filing. The special treatment of private student loans in bankruptcy is utterly indefensible, and I urge you to end it. I now want to address some of the arguments against discharging Federal loans--Federal student loans in bankruptcy. A typical one is the student benefited from the education at the expense of the creditor, and thus, they ought to be obligated to repay. That is an argument against bankruptcy discharge generally, and it ignores in this context the public benefits of a well-educated citizenry. Another common objection is that students will get loans, graduate, and file bankruptcy as quickly as possible. But there has never been any empirical evidence of any widespread abuse. In fact, the individual anecdotes that people point to are of cases in which the bankruptcy judge denied a discharge. That objection also ignores the moral hazard consequences of the current system on creditors and servicers. These players yield tremendous power by virtue of their treatment in bankruptcy and lack, therefore, market incentives to improve their treatment of students. Theorized objections to changing the system ignore the real-life consequences of bankruptcy. Filing bankruptcy is expensive. It affects the cost and availability of important products, like obtaining credit, insurance, living arrangements, and job prospects for years to come. These arguments also ignore the many tools the bankruptcy system already have to control abuse--means testing, good faith requirements, limit on how often someone can obtain a bankruptcy discharge, among others. Another argument for the status quo is that making these loans dischargeable would compromise the viability of the student loan program. That argument assumes that making a discharge available for Federal borrowers would precipitate massive numbers of the 45 million student loan borrowers to file bankruptcy. This would require astronomical growth in bankruptcy filings, which at their height saw about 2 million people filing. The numbers just don't add up. Second, this argument assumes that the availability of Federal student loans depends on repayment. The funding of the Federal student loan program is a political question. It does not depend on the fiscal solvency of the program itself. The real question is where do American people think their government should invest? I would argue that higher education is one such place, although we do not necessarily need to do it through loans. Changing the bankruptcy treatment of these students' loans would allow us to focus on the people who are suffering the most. I urge you to report these bills positively out of the Subcommittee and to amend the Bankruptcy Code immediately to make all student loans dischargeable. Thank you. [The statement of Ms. Jimenez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you very much, Professor Jimenez. I now recognize Judge Small for 5 minutes. TESTIMONY OF HON. THOMAS SMALL Judge Small. Thank you, Mr. Chair, Mr. Sensenbrenner, Committee Members. The National Bankruptcy Conference is grateful for the opportunity to participate at this hearing this morning to present its views with respect to small business reorganizations. As a bankruptcy judge, I saw this problem firsthand and have known for over 30 years that Chapter 11 doesn't work well for small businesses. Chapter 11 is too expensive. Confirmation requirements are too onerous. Creditors have too much control of the process. House bill 3311, which incorporates the essential aspects of the National Bankruptcy Conference's proposal, would remedy all these problems and provide incentives and procedures for debtors and creditors to arrive at consensual plans. There would be a new voluntary subchapter, Chapter 11, subchapter V, that small business enterprises could use to reorganize. The debtor would be a debtor in possession, but in every case, there would be a standing trustee, much like in Chapter 11--or Chapter 12. Only the debtor could file a plan, and the plan must be filed quickly, within 90 days. There would not be a creditors Committee in most cases. There would be no disclosure statement unless the court ordered otherwise. Even without a disclosure statement, the debtor would have to provide a lot of information, including all of the information and periodic reports that small business debtors now provide under Chapter 11. A confirmed plan under subchapter V may be either consensual or nonconsensual. If the plan meets most of the current Chapter 11 requirements, including the high voting requirements, the plan would be confirmed, and the case would proceed as if it were a regular Chapter 11 case. The trustee would disappear, and the debtor would receive a discharge upon substantial consummation. If the debtor cannot meet the requirements for a consensual plan, the plan can still be confirmed if it meets subchapter V's ``crammed down'' requirements, the most important of which is that the plan must provide that all the debtor's projected disposable income be received in a 3- to 5-year period, as determined by the court, and be applied to make payments under the plan. If the court confirms a nonconsensual plan, the trustee remains in place and monitors compliance with the plan, and the debtor's discharge would be delayed until all plan payments are made. Now the National Bankruptcy Conference tried really hard to make this a balanced proposal that would benefit both debtors and creditors. Obviously, reorganization will be more feasible for small businesses, but there are benefits for creditors as well. For one thing, every subchapter V case has an impartial, independent standing trustee who provides oversight of the debtor's operations. Every case will move fast. Debtors will not be allowed to languish in Chapter 11, and the plan may provide for specific remedies, including liquidation, that can be executed by the trustee if the debtor fails to meet its obligations under the plan. Most importantly, reorganizations would avoid liquidations, and asset values would be preserved. Now in 1985, I had the privilege of testifying before--with my late colleague, bankruptcy judge Thomas Moore before two Senate Judiciary Committee subcommittees looking into bankruptcy and the farm crisis. Our message in 1985 was that Chapter 11 did not work well for family farmers, and what was needed was a new Chapter to deal with their specific problems. Today, my message with respect to small businesses is similar. Chapter 11 does not work well for small businesses, and legislation is needed. Chapter 12 saved thousands of family farms for the benefit of family farmers and their creditors, and I strongly believe that today, House bill 3311 would save thousands of small businesses for the benefit of their owners, their creditors, their suppliers, their customers, their employees, and the economy as a whole. I would be glad to answer any questions you may have. [The statement of Judge Small follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. Thank you, Judge Small. Thank you to all the witnesses for your opening statements. We will now proceed under the 5-minute rule with questions, and I will begin by recognizing the gentleman from Georgia, Mr. Johnson, for 5 minutes. Mr. Johnson of Georgia. I thank Chair for holding this important hearing. Bankruptcy reform for vulnerable groups has gone overlooked for too long and gathering the experts we have before us today is an important step towards passing meaningful legislation and fixing the problems that they have testified about. Make no mistake. We are here because the rich are getting richer, and the poor are getting poorer. After decades of adding pro Wall Street laws to the books, we have settled into a system with loopholes that stack the deck against fairness for people in bankruptcy proceedings. The so-called Bankruptcy Abuse Protection--or excuse me, Bankruptcy Abuse Prevention and Consumer Protection Act, passed in 2005, made student loan debt nondischargeable in bankruptcy. This legislation should have been called the Bankruptcy Protection for Private Lenders for For-Profit Colleges and Universities Act because the private lenders were the ones who benefited the most from making student loans nondischargeable in bankruptcy. Ms. Jimenez, you say that it was $56 billion on the books at the time the 2005 legislation passed. That was a gift, a panacea for the private loan industry. These so-called schools that they left money for student loans too often had humongous advertising budgets. They swept in a bunch of unqualified students. They accepted everybody, regardless of whether you could read, and when you finished matriculating, the diploma that you received was not worth the paper that it was written on. Graduates had degrees but couldn't find a job. As a result of this change in Federal law, people are stuck paying back these student loans for the rest of their lives. Even gambling debt is dischargeable, but student loan debt is not dischargeable. Even timeshare debt is dischargeable in bankruptcy, but student loan debt is not. I am proud to be a cosponsor of Chair Nadler's bill. It is H.R. 2648, the Student Borrower Protection--excuse me, Student Borrower Bankruptcy Relief Act of 2019. I am proud to be cosponsor of that bill, and I hope that it will pass. It is time to take steps to ensure that groups such as these students are protected, and I am looking forward to hearing about the solutions that we are testifying about today. Ms. Jimenez--well, actually, Mr. Boltz, in your testimony, you discussed the development of bankruptcy law in the realm of student loans, commenting about Congress having made it increasingly difficult to discharge student loans. Why do you think that was the case? Why did Congress do that, Mr. Boltz? If you are-- Mr. Cicilline. Could you put on your microphone? Mr. Boltz. Mr. Johnson, as best I know, most of the changes that made student loans dischargeable were made in bills that were not even through the Judiciary Committee. They were often in a higher education act. Some of the changes were made in crime bills. Mr. Johnson of Georgia. Why was this change made, though? Mr. Boltz. It was often made as part of a deal to increase the amount of lending that was available on the idea that the poorest people who were unable to pay, if we kept them on the books, that somehow that would increase the liquidity of the student loan programs. As Ms. Jimenez has testified, that is really not the case. Mr. Johnson of Georgia. Well, what do you say about it, Ms. Jimenez? Why did they do it? Ms. Jimenez. I think it is partly as we opened, talking about Federal loans first or Government-guaranteed loans, is we opened up more and more Federal loans available to students and asked--didn't ask about their ability to repay, then it was basically the bogeyman story that people were going to come in and start filing bankruptcy--start going to school, graduate, file bankruptcy-- Mr. Johnson of Georgia. Do you think it was--let me ask you? Do you think it was to protect the lenders more than to protect borrowers and shore up the system? What do you think the real motivation was for passing the legislation? Looks to me like it was to protect those who were giving the campaign contributions to those who were passing the laws, but I will move on. Mr. Rao, according to a recent study, Black men and women who take out loans to finance their education are forced to take out more money than their White peers. What is the reason for this disparate impact on minority populations, and how can we in Congress work to stop it? Mr. Cicilline. The gentleman's time has expired, but the witness may answer the question. Mr. Rao. Yes, Mr. Johnson. I would say that, actually, Professor Jimenez has done a lot of research on this, and there has been a lot of evidence that minority families lack the same amount of resources that some White families have and will often be required to incur additional debt. They are also going often to private schools, which charge more. There are actually a number of reasons that Professor Jimenez has outlined in her research. So, thank you. Mr. Johnson of Georgia. Thank you. I yield back. I thank Chair. Mr. Cicilline. Thank you. The Chair now recognizes the Ranking Member of the subcommittee, Mr. Sensenbrenner, for 5 minutes. Mr. Sensenbrenner. Thank you very much. I have been on this Committee since I was first elected to Congress in 1978. Before I was elected to Congress, there was a major redo of the Bankruptcy Code that was passed in '78, and that made student loans nondischargeable. I believe in '82 or '83, this committee, which was still heavily run by Democrats, made the loans nondischargeable. Now at that time, there was very little Federal lending, and most of the lending were guaranteed student loans through the private banking sector. I remember the debate when that happened that said that there were a lot of graduates, particularly those with advanced degrees, that were filing for bankruptcy to discharge their student loans even before the ink was dry on the diplomas they got for getting an advanced degree. I think most of us agree that a college education is a way to have increased income, and an advanced degree is a way to have even better advanced incomes. I think with the exception of you, Ms. Petraeus, everybody here has a law degree on that. That might have been the motivation a while ago when you decided to go to law school. Now my question is, yes, there is a problem with student loans, defaulted student loans. If we make them nondischargeable, how do we prevent people who have a diploma that will get them having six-figure incomes in their practices from gaming the system and getting a major part of their debt discharged, when that debt ended up giving them the opportunity for significantly increased income if they did not have those degrees? So, who would likely to be first? [Laughter.] Mr. Sensenbrenner. Because we cannot repeat that mistake. If we repeat that mistake the American taxpayers will rise up, saying the Federal Government lent them money, and they had no intention of paying it back because the bankruptcy court was across the street. Mr. Rao. Ranking Member Sensenbrenner, that problem that you address, even though I don't acknowledge that it did exist, was fixed in 2005 by the amendments that Mr. Johnson referred to. While many of them have made bankruptcy filing much more difficult, they absolutely address the issue you are talking about, someone coming right out of college with--the doctor with the six-income figures, that person would never be able to get a discharge under our current bankruptcy law. The means test would preclude that person. Forgetting whether it is student loan or any other debt, they would never be able to get a discharge. The reports of abuse--and Ranking Member Sensenbrenner, you refer to 1978. This Judiciary Committee asked for a GAO study to be done to look at how much student loan was being discharged in bankruptcy when it was dischargeable, and that study showed that there was virtually no abuse and that the same amount of-- Mr. Sensenbrenner. Then why did the Judiciary Committee turn around and make it nondischargeable? Mr. Rao. Actually, it didn't. This Committee did not vote in favor of it. Eventually, it was included as a compromise with the GAO study, and then all the other changes were not done by this committee. They were done by the higher education committees. This-- Mr. Sensenbrenner. This doesn't answer my question. If we make student loans dischargeable again, how do we prevent a gaming of the system? Now, if you look at a means test on this, you walk out of med school or you walk out of law school, you don't have bags of money unless you have got a trust fund sitting around. So, most people will be able to qualify under a means test because their income is not very much, and their assets are probably negative. So, how do we do that? Because the key to getting this passed is to figure out how to prevent people from gaming the system. If we just say, well, nobody ever did that in the past, sir, you are in denial, and you are having this proposal, which I think has got some merit to it if it is properly done, leading it down to defeat. Now, somebody else in my remaining 24 seconds? Yes, Ms. Jimenez? Ms. Jimenez. Could I answer? So, I want to talk about both the idea that this is something that will happen, and even if it did, that we cannot stop it. The means test didn't just create barriers based on income, as you were just referring to, Ranking Member Sensenbrenner. It also added bad faith and dismissal for cause provisions to the code under both Chapter 7, 13, and 11 that allow a bankruptcy judge to take into account exactly the circumstances that you are afraid of, the person who graduates and then doesn't currently have a job, so has no income, but has very good prospects. In that situation, and there are a few other things in the Bankruptcy Code, the judge can dismiss those cases or deny a discharge in general or a discharge of that particular debt. Mr. Sensenbrenner. Yes, my time is up, but I am a skeptic. You have got to convince me. Thank you. Mr. Cicilline. Thank you, Mr. Sensenbrenner. The Chair now recognizes the Chair of the Full Committee, Chair Nadler, for 5 minutes. Mr. Nadler. Thank you, Mr. Chair. Before I ask my question, I want to note for the record that Professor Jimenez interrupted her stay with her family in Germany to fly back yesterday so she could participate in today's hearing, which was rescheduled from last week. I think all of us very much appreciate your significant efforts, and we are glad you are with us today. Now my question. Among the staggering statistics you cite in your prepared testimony are the following. One in five adults have student loans, and approximately 20 percent of the outstanding amount of these loans are in default. What impact do these factors have on our nation's economy? Ms. Jimenez. Thank you for the question, Representative Nadler. There is abundant evidence that the number of defaults and the amount of student debt that people are holding are delaying marriage, purchasing of homes, not--people are choosing not to go into public service careers. They are choosing to delay all sorts of purchases, including cars. We live in a consumption economy, and we need consumers to actually participate, and this is stopping that participation. Mr. Nadler. Thank you. As a result of your research, you have observed the disparate impact of student loan debt with respect to gender and race. Could you explain what those disparate impacts are and the principal factors causing them? Ms. Jimenez. Absolutely. So, basically, this is just reproducing the racial gaps and the racial differences that we have in our society. The racial wealth gap, in general, is widening and is wide, and that means that, say, Black borrowers are forced to borrow student loans at higher rates than White borrowers because they don't have family wealth to support them, and they also tend to attend for-profit schools, which are schools that are actually marketing themselves more towards blacks, Latinos, women, and working people. They have much worse outcomes in terms of graduation rates, employment rates, repayment rates, basically everything--everything that would matter. So, the higher education is sold as some kind of panacea out of poverty or lower middle class, and that works for some people, but it doesn't work for everyone. It is basically a bet that the student is taking, and sometimes that bet fails. It happens to fail more often for Black and Latinos. Mr. Nadler. Thank you. Mr. Rao, what are some of the so-called reforms enacted by the 2005 amendments to the Bankruptcy Code that make it more difficult for all consumers, let alone those with overwhelming student debt, to file for and obtain bankruptcy relief? Mr. Rao. Yes, Chair Nadler. The major change, of course, was the means test. There were also--and so that means test requires all filers to calculate their current monthly income. There are additional filing and document requirements. If you are above the median income in your state, you are subjected to the full means test, which does remove those who have an ability to repay. It creates a presumption of abuse and would ultimately deny those folks a discharge. There were also changes for exemptions so that particularly higher-income consumers couldn't move to States with unlimited homesteads and high assets in that way. There were also counseling requirements that were imposed that haven't actually proven to have done much in terms of really making bankruptcy relief having exposed those individual debtors to other options. Mr. Nadler. As a result of these reforms, if student loan obligations were made fully dischargeable, would the argument that such legislation would invite abuse be even less compelling? Mr. Rao. Yes, absolutely. It would address that problem, which even though I would say that it didn't exist, it certainly would address the problem of bankruptcy filers. Mr. Nadler. Thank you. Finally--thank you. Finally, Judge Small, you were a bankruptcy judge for many years. Based on that experience, what are your thoughts about the current law with respect to the dischargeability of student loans? Judge Small. It is almost impossible to discharge a student loan in most circuits under the Brunner undue hardship test. If you are not going to repeal 23(a)(8), you should at least do something to make the standard of the Brunner test easier so that a debt could be discharged for hardship, maybe not undue hardship. Mr. Nadler. Thank you very much. My time is 4 seconds from expiring. I yield back. Mr. Cicilline. Thank you, Mr. Chair. I recognize the gentleman from North Dakota, Mr. Armstrong. Mr. Armstrong. Thank you. So, I am a sponsor of H.R. 236, the Family Farmer Relief Act, and it is important because over the last 20 years, the increase in production from our farmers all across the country has gone up significantly. These are some of the best scientists and producers in any industry in the world. At the same time, the decline in farm income, combined with trade fluctuations, has created a really difficult time for farmers. I think one of the reasons we don't notice the farm crisis that is actually going on right now, and partially because of the farm crisis in the '80s, is because there are less family farmers than there were 20 years ago. Some of that is because of prior farm crises. Some of it is just based on economies of scale, which is where we get to a revamp of Chapter 12. According to the USDA, debt-service ratios are projected to reach all-time highs very shortly, with the 5-year 50 percent collapse in farm income, it is imperative that producers have adequate safety nets to rely upon should they need to make the extraordinarily difficult decisions for their farm. In both 2017 and 2018, approximately 500 farms filed each year under Chapter 12 bankruptcy. The Upper Midwest has witnessed a 19 percent increase in Chapter 12 filings since 2017, and that statistic does not include the effects of droughts, floods, and recent trade disputes. Just like any good business, our egg producers need updated and flexible tools to reorganize their debt. Chapter 12 bankruptcy is an important and unique provision that allows farmers to restructure their debt while maintaining their farming operations and uniquely recognizes some of those challenges that are based on a farm business income. Unfortunately, the current debt cap from Chapter 12, it is $4.1 million, it unnecessarily excludes farmers' most desperate need of reorganization. Just to be quite frank, it doesn't recognize what the current family farm looks like. By increasing the debt cap from Chapter 12 bankruptcy from $4 million to $10 million, this bill will keep more farmers in fields and farms and in the family. I always am on a continuing quest to educate people about North Dakota, and one thing that is great, we do not have corporate farming. So, every farm in North Dakota is a family farm. I will note this bill is particularly beneficial to my State because we only have family farms. Yet the effect of this bill won't just be felt by farmers, but it is felt by the rural communities who rely on them as an economic driver. Strong farms support strong rural communities. So, we need to give them the tools that meet their needs in the current economy. Family farms are more than just a business. They are a commitment to a tradition passed down from generation to generation. We owe it to our farmers to make this simple change and stand with them when we need to make the most difficult decisions. I would just note that this bill was in desperate need of introduction prior to what is going on in the farm community right now, and whether it is floods that are going on all across the country, droughts that some people are experiencing, and obviously, the uncertain trade situation that everybody faces. Last, but not least is we have gone from a scenario where the family farmer can work on a $120,000 piece of equipment to a $1 million piece of equipment that is more computer than mechanical at this point, and inputs continue to rise, whether it is transportation, anhydrous, all these things. So, the number of acres you need to do to produce and have a valid family farm is going up every day. They provide not only my region, my State, but every State across the country with food and actually, quite frankly, feed the world. So, I am proud to be a part of that bill. I will just say one thing that on this student loan debt, and I think it is something that we have to address. That is that college tuition is increasing at an unsustainable rate. There has been a 213 percent in tuition from 1987 to 2017, and we have great colleges in North Dakota. We have great colleges all across the country. I am not sure they are getting 217 percent better education than those people who got in 1987 did. There really are no market forces that drive down college tuition, but there are plenty of market forces that benefit schools increasing, whether it is a local chamber of commerce, State education. We continue to grow these campuses. Oftentimes, employment is going up at not quite 213 percent, but a very high rate. The employment that is on college campuses isn't academic. It is more administrators, more deals with those. So, when we deal with these student loan issues, we also have to figure out how to put some kind of federally backed student loan. We have an incentive to keep local college tuition costs down, and that has to be a part of this conversation. Otherwise, I worry that we open the flood gates to an ever-increasing tuition cost where we get into a situation where not only are we increasing college tuition everywhere, but we are not necessarily preparing our students for a 21st century workforce. So, I yield my time without asking a single question, and I don't think I have done that before. Mr. Cicilline. Very thoughtful comments. Thank you. The gentleman yields back. I now recognize the gentlelady from Washington, Ms. Jayapal, for 5 minutes. Ms. Jayapal. Thank you so much, Chair Cicilline, for holding this hearing, and thank you to all of you for your comments. I am confused by the comments earlier about people gaming the system because I feel like the student loan system is a giant trap. We say to people you have to get an education. K-12 used to be enough to get a good job. It isn't anymore. We all know that. We say to people go get a trade or a vocational skill or do something, get a 4-year degree. Then they do that, but they come out with an average of $40,000 to $50,000 in debt, $1.5 trillion in student loan debt in this country. When I think about gaming the system, I think about the fact that, actually, the Federal Government right now is charging so much on interest, so much more than we actually pay for that money, that many of these borrowers--I got a whole bunch of tweets yesterday because we introduced our ``College for All'' bill. A whole bunch of these borrowers were telling me they are paying $700 a month for their principal payments, trying to pay off their student loans, and $4, $5 is actually going to principal. The rest of it is going to interest because we are charging these enormous interest rates for these students. So, they are never going to be able to get out of debt. When I think about, again, gaming the system, I wonder how it is that we can bail out Wall Street firms because they are supposedly too big to fail, but these student borrowers, 44 million people with student loan debt in this country today, are too small to fail. They can have their entire lives destroyed, no future, and yet somehow there is this different standard. So, let me ask you, when big businesses fall on hard times--you have all talked about this--they can take advantage of the relief that bankruptcy offers. When students have the same problem, they cannot. That means an organization like the Trump Administration, for example--the Trump organization, excuse me, can declare bankruptcy with taxpayer costs. Any big organization, I am not picking on Trump. Any of them can declare bankruptcy, and somehow, they are not gaming the system. Tet students are. So, why aren't we worried about the gaming of the system with those big organizations or, to the counter, why don't we say, look, to these students, we can give you the same benefit? So, Mr. Boltz, in your written testimony, you described this ever-increasing set of restrictions on how and when ordinary people can discharge their loans. What is any logical reason--I will take any single logical reason for why clients with student debt should face this heavier, higher burden to discharge their student loans than major corporations? Your mike. Mr. Boltz. Thank you, Ms. Jayapal. Particularly, in regard to the private student loans, there is absolutely no basis for this whatsoever. When it comes to the Federal loans, there is the argument that has been made and is not terribly solid that because the Government is on the hook for these amounts that it affects the liquidity of making future loans. One of the things that is important to consider, however, of the $1.5 trillion in student loans, 11 percent of the borrowers, of the 44 million people, they are in default, which is a technical term under--in student loan law, which means they are more than 9 months without a payment. More than a third of people are delinquent on their student loan. So, part of what that means is that of the $1.5 trillion, the Government is not going to ever see all of that. So, there is a large fallacy that this is somehow going to undermine the ability to continue to make loans for students. Ms. Jayapal. In fact, if we are really concerned about the State of the economy, there are reports that say that if we were to cancel all $1.5 trillion in student loan debt, we would bring $1 trillion over the next 10 years into our economy. Even the Federal Reserve has said people are putting off major decisions like buying homes or investing in a car or whatever else they need, even getting married or having kids, because of their student debt. Mr. Rao, you are an attorney at the National Consumer Law Center, and you pointed out that currently in bankruptcy law, the business entrepreneur is given an opportunity for a fresh start, while the student borrower is given no margin of error. Do student borrowers present some very special risk to the bankruptcy system that I am missing? Mr. Rao. No, I don't believe they do. In fact, they probably present less risk than particularly some of the business filers or, you know? There was one point in 1978 when, as a member of this Committee had said, that it was inappropriate to really view the student loan programs as a social program when we are granting the loans, but then to treat them as business, strictly as business when you are trying to collect the debt. I would say it is even worse than that because, as you have pointed out, we allow the business entrepreneur to get a discharge, but we don't allow the student loan borrower. Ms. Jayapal. Thank you, Mr. Rao. Thank you, Ms. Jimenez, for making the trip back. I had one more question, but I am out of time. I would just say before I yield back, Mr. Chair, that yesterday, I introduced with Senator Sanders and Representative Omar a bold package to cancel $1.5 trillion in student loan debt and to ensure that we can actually invest in the future of our young people by making college tuition free and debt free. I look forward to the day when we can make that kind of investment for our future. Thank you. Mr. Cicilline. I thank the gentlelady. I now recognize the gentlelady Pennsylvania, Ms. Scanlon, for 5 minutes. Ms. Scanlon. Thank you very much. The issue of student loan debt is one that comes up at every town hall and every constituent conversation that I have. Pennsylvania has the highest student debt levels in the country, 1.8 million people have some amount of student loan debt in Pennsylvania, and the average of $36,000 per person is about 20 percent higher than the rest of the country. So, it is a huge issue in my community. What has really been striking to me is the intergenerational impact that we are seeing now. So, last August I met a woman who had just dropped her daughter off at college, and she was emotional. It wasn't because her daughter was going to college. It was because her daughter was going to her second-choice college. Mom and Dad were still paying off their student debt, so the daughter couldn't go to her first- choice college. Then there is Nate and Natalie, who attend church with me. Young parents, they have boys ages 4 and 6. They can't start saving for their kids' education because they are still paying their student loans. These are responsible people. They are paying their taxes. They are paying their loans. They are doing what they are supposed to do. My own kids' friends, my three have just graduated from college, and I am hearing how people aren't buying cars, and they are not buying houses. They are not getting married and they are delaying having children. So, clearly, there is an emotional drag on the system. I just saw an article a couple days ago from Adweek about targeting millennial customers, millennial consumers. Our corporations are having to adjust their marketing tactics because the metrics that held true for previous generations aren't working because the millennials have such a debt load, they don't have the discretionary income. So, this whole drag on our economy is really something I am pleased that we are having this hearing to start chipping away. Obviously, amending the Bankruptcy Code does not solve the whole problem. We have to go after the predatory private colleges and the predatory loans and revamp the system for how people pay for it. I do think that this bankruptcy piece is so important. The piece that really is striking to me is that student loans were dischargeable. That there was this chipping away at it, and now we are treating student loans differently than credit card debt. It is kind of astounding to me. So, I guess maybe Ms. Jimenez, am I correct that the amendment suggested here would not create special rules for student loan debt, like favored treatment for student loan debt, but would lump it in with the general category of debt. Is that right? Ms. Jimenez. That is right. Absolutely correct. The student loan debt special treatment is the rare event, and so the Representative Nadler's bill and Senator Durbin's bill would just take that special treatment away. Ms. Scanlon. Okay. Mr. Rao, so when we are treating student loans like other debt, that doesn't mean that someone is going to be able to walk in and say I just don't feel like paying, kind of like I just don't feel like paying my credit cards, does it? Mr. Rao. Right. Again, the Bankruptcy Code does screen for consumers who would really have an ability to repay their debt based on their income. So, if they do have that, they would be presumed to be abusive and they would not get a discharge. Ms. Scanlon. Okay. So, we still have the courts and the rest of the Bankruptcy Code to Act as a stopgap against abuses? Mr. Rao. Yes. Ms. Scanlon. Okay. Ms. Jimenez, your statement talked a little bit about the difference in student loan debt and defaults with communities of color and that we have got some disparity there. Can you explain that a little? Ms. Jimenez. Absolutely. The fact that we have chosen to support the higher education system through loans means that we have created or re-created and exacerbated the wealth gap in this country because we are making people who already come from families who don't have as much wealth as others, we are making them borrow. They already don't have--there is already disparities in education, in job prospects based on implicit bias and just outright racism, and we are making those people take out loans. Then there is actually evidence that we are suing them more often and that they are not receiving the same benefits as others in income during the repayments. Ms. Scanlon. The thing that really surprised me when I started looking into this was the statistic that women actually hold more student loan debt. Two-thirds of all student loan debt is women, despite the fact that they have less wealth with which to repay. Can you comment on that? Ms. Jimenez. Exactly. A lot of that is actually working women, single parents, who are preyed upon by for-profit colleges. They mostly take out private loans. The for-profit college's business model is really around Federal loans. So there, even if we made private student loans nondischargeable, that wouldn't really solve that problem. Ms. Scanlon. Okay. So, that is kind of an intersection of the two problems? Ms. Jimenez. That is right. Ms. Scanlon. Okay, thank you. I yield back. Mr. Cicilline. I thank the gentlelady. The Chair now recognizes the gentleman from Colorado, Mr. Neguse, for 5 minutes. Mr. Neguse. Thank you, Mr. Chair, and thank you for holding this important hearing. I appreciate the witnesses and their testimony. I want to focus in on an issue that many of my colleagues have talked about already at great length, which is, of course, the student loan debt that is harming so many people across our country and really drastically impacting the lives of nearly 45 million people, and the crippling effect of student loans on our nation's financial health is, of course, well known to this Committee and, I believe, to the witnesses as well. Just to give you some sense of context, I represent the great State of Colorado. In Colorado, student loan debt, as of January 2019, is $26 billion and impacts 700,000 Coloradans, and more than 20,000 rural Colorado residents are severely delinquent. So, this is an issue that we must address with the urgency that it requires, which is why I am proud to be one of the co-lead and lead sponsors of the Student Borrower Bankruptcy Relief Act of 2019, with Chair Nadler and Senator Durbin, to ensure ultimately the Bankruptcy Code is fair to all. I want to have a question for you, Mr. Keach. I reviewed your written testimony. I guess I am trying to better understand the rationale for the exception as it was enacted in the early 1970s. Then, obviously, over time it was changed, right? So, in your written testimony, you offer that the Consumer Commission, which is the commission of the ABI, weighed the rationale--I am quoting from your written testimony--for student loan dischargeability against the current and projected student debt landscape. Then I will just give you a quote. ``The commission considered, but rejected the notion of making student loans freely dischargeable,'' which is a misnomer in terms of the word ``freely,'' but I understand that this is from the commission, ``freely dischargeable like any other debt, concluding that the rationale supporting nondischargeability remained valid.'' So, could you explain what was going on in the minds of policymakers 40 years ago as to why they came up with this exception in the first place? Mr. Keach. Sure, I can try. I think my colleagues to the left, all three of which are Members of the ABI Consumer Commission--and I thank them for their service--in that respect, could probably speak to this. The historical antecedents that have been talked about are largely accurate, and that is that there were beliefs about moral hazard. That has been addressed. The bigger concern was probably for the solvency of the Federal student loan program or at least for the liquidity and solvency of the program. The ABI Consumer Commission recommendation actually is somewhat of a midpoint between those people who are concerned about that and complete discharge and, in fact, would discharge private loans. It would also allow for the discharge of federally provided, guaranteed, or insured loans that were more than 7 years old at the time of the bankruptcy. It would also allow for discharge of loan obligations of people other than the students themselves. Would also materially reform the so-called Brunner hardship test to make that test meaningful and allow for people to actually get discharged under that test. As Judge Small said, that doesn't happen today. It doesn't allow for full dischargeability of federally funded, guaranteed, or insured student debt other than under the hardship test. Mr. Neguse. So, on that precise point, notwithstanding the undue hardship test and, obviously, the recognition that that test has not been--with the lack of any real discernible standards makes it largely toothless. I guess I am trying to better understand why adhere to this purported rationale that was adopted 50 years ago if the underlying presuppositions of that rationale have not come to pass? Mr. Keach. Sure. I don't want to speak for the full ABI Consumer Commission, but that I don't think there is any support in that commission or in the commission recommendation with a rationale about moral hazard. That has gone out the window. I don't think anybody is making that argument anymore. To the extent that there is balance built into the ABI Consumer Commission report, which is probably somewhere near where Ranking Member Sensenbrenner was and the Nadler bill, is really about a concern for continued solvency and funding of the Federal system. It doesn't at all try to protect the private lending system. Mr. Neguse. To that point, do we have--thank you for your answer--do we have any empirical data that suggests that that concern is substantiated? I guess that is my point. Because with a wide variety of other common loan structures, right, I am thinking home mortgages by way of example. We certainly-- those are dischargeable in bankruptcy, and we don't have wide concerns about the security of that program. I guess that is what I am trying to get at, and I-- Mr. Keach. Well, interestingly enough, actually, residential mortgages that are within the various Federal programs actually do have more protection under the Bankruptcy Code than regular private loans. So, there is actually a pretty direct parallel here. Mr. Neguse. They are dischargeable. Mr. Keach. Well, they are not fully modifiable or fully dischargeable, right? Mr. Neguse. Sure. They are in part dischargeable. Certainly, far more dischargeable than a student loan. Anyway, I see my time has expired, but-- Mr. Keach. Well, to the extent there is a deficiency, that is true. You can't actually modify materially in Chapter 13, for example, a first mortgage because of the Federal mortgage insurance program. So, there are some parallels to that. Mr. Neguse. Thank you, Mr. Chair. Mr. Cicilline. The Chair now recognizes the gentlelady from Georgia, Ms. McBath, for 5 minutes. Ms. McBath. Thank you, Mr. Chair. I am so glad for each of you spending a few moments with us this morning. I am very excited to be the cosponsor of the bipartisan HAVEN Act of 2019, along with my Republican colleague Mr. Steube. This measure has also been endorsed not only by Ms. Petraeus and Mr. Keach, but also endorsed by the Veterans of Foreign Affairs, the American Legion, Disabled American Veterans, among others. I appreciate this opportunity to discuss ways in which we can reform our bankruptcy system to better serve people and small businesses that are facing financial hardship. No one wants to turn to bankruptcy, and we should ensure that these systems effectively help people rescue their financial lives. I am especially pleased to have the opportunity to discuss my bill, the HAVEN Act, which I introduced, as I said once before, with my Republican colleague Congressman Steube. This bill would help veterans qualify for bankruptcy relief by excluding their VA and Department of Defense benefits from the calculation of their income, as it is already done with Social Security disability payments. This small change will help veterans who are most in need, and no one should ever be penalized for the payments they receive for their injuries resulting from their brave service to our country. I am proud to support this bipartisan bill and to discuss it with you today. Mr. Keach, I will turn to you, if you will. Can you think of any reason why Social Security benefits should be treated differently than VA or Department of Defense benefits for bankruptcy income calculations? Mr. Keach. The ABI can't think of any reason why that should be true. We fully support the HAVEN Act. We, frankly, are of a belief that the inclusion of these benefits for our veterans in disposable income calculation was an error, and that error should be corrected. This bill would do that. Ms. McBath. Thank you very much. Ms. Petraeus, in your written testimony today, you cite a study indicating that 125,000 veterans filed for bankruptcy in 2017. The study also found that although veterans comprise only 10.3 percent of the population, they make up 14.7 percent of Chapter 7 debtors and 15 percent of Chapter 13 debtors. Why is it important for veterans to be able to access Chapter 7 bankruptcy rather than counting their benefits as income and potentially making only Chapter 13 bankruptcy relief available for themselves? Ms. Petraeus. Thank you for the question. I must say this has been an education for me on bankruptcy. Chapter 7 is the equivalent of a fire sale. Everything must go. You dispose of your assets, and then you walk away, freed of your obligations. Chapter 13 is a whole other thing, where you end up paying for 3 to 5 years. You have to set up a payment plan. Frankly, for many of these veterans, they don't have a whole lot of money to start with. If they end up having to even take their disability pension and apply it to their payment plan, they have got almost nothing left. The military leads a very mobile lifestyle. I, myself, moved 24 times in 37 years while my husband was on active duty. The spouse unemployment is a very significant issue for the military, which means they have not had a spouse who has had the opportunity to build a career or to have a very significant income. When you add in disability, that spouse may now be a full-time caregiver as well. So, they just don't have a lot of money, frankly, and to, again, take away their pension and apply it to a payment plan is just punitive. I can't imagine that that was really intended. Ms. McBath. Thank you. One more question. Based on your many years of experience working with service Members and veterans dealing with financial challenges, why do you think so many veterans are seeking bankruptcy relief? Ms. Petraeus. Again, some of it is just a part of the life they have led. The military is not a place where you get rich. It is very meaningful service. I was lucky enough to live in that community my whole life. They do it for the best of reasons. But, they tend to have lower income as a group. A significant number of them do have issues after serving that may impact their ability to get or to keep a job. I will also say they are not exempt from the student loan crisis. Even though they have the GI bill, a surprising number of veterans have significant student loans, in many cases because they have been targeted by unscrupulous for-profit colleges that have marketed to them. They have spent not only their GI bill, but then taken out private student loans to fund what in many cases is a fairly worthless education. So, they have a lot of the same issues. They have a mobile lifestyle, and they don't have a good income to start with. So, when they get out of the military, that may put them in a very shaky financial situation. Ms. McBath. Thank you so much for your service, and thank you so much for your testimony. Ms. Petraeus. Thank you. Ms. McBath. I am out of time. Mr. Cicilline. I thank the gentlelady for yielding back. I now recognize myself for 5 minutes. Thank you again to our witnesses that have participated in today's hearing. Ms. Petraeus, thank you for your work and the passion with which you bring to this important work. We all recognize the current system that creates or provides or exempts, I should say, Social Security benefits from the law's current definition of current monthly income for purposes of determining eligibility for consumer bankruptcy relief. While at the same time disability benefits from the Veterans Administration and the Defense Department are not, seems to make very little sense to anyone. I am just wondering if any of the witnesses on the panel today can think of any good reason for this disparate treatment? [No response.] Mr. Cicilline. Okay. The record should reflect that no witness saw them. I thank you again for your advocacy for this important bill. I want to just turn now to the student loan bankruptcy. I misspoke in my opening statement when I indicated that student loan debt is at $1.5 trillion and will be at $2 trillion by 2022. I think I said billion by mistake. For me, sort of in line with what Ms. Jayapal said earlier, when we talk about this gaming the system, it is fair to say the system is gaming young people. That the system right now forces young people to go into tremendous debt with really no ability to get out, and the consequences for that on the individual borrower, as well as our economy broadly, is enormously significant. I want to just respond to a question that was raised earlier about how do we make sure young people aren't just gaming the system? There was--Mr. Rao, made references to this report. The GAO study found that only a fraction--in fact, I'll summarize the GAO findings. First, the general default rate on educational loans is approximately 18 percent. Of that 18 percent, 3 to 4 percent of the amounts involved are discharged in bankruptcy cases. Thus, approximately 0.5 to 0.25 of 1 percent--0.5 of 0.25 of 1 percent of all matured education loans are discharged in bankruptcy. This compares favorably with the consumer finance industry. So, there wasn't a problem of young people gaming the system. It was 0.5 or 0.25 of 1 percent. You must wonder what resulted in the creation of this undue hardship standard. In addition to there being no evidence that it is necessary, Mr. Rao, why has this standard been difficult to administer, and why has this undue hardship application kind of varied from case to case? What does that mean for kind of this system overall? Mr. Rao. Yes, Chair Cicilline. As I mentioned in my statement, it is just not a viable way to approach the student loan problem. The cost alone--so there is the issue of the vagueness of the standard and the fact that judges apply it in different ways and the fact that it has been interpreted by the circuit courts to apply a very strict standard. Even putting that aside for the moment, the system requires that there be a litigation. We are talking about the consumers who would be most eligible for an undue hardship could barely pay for the cost to file the underlying bankruptcy case, let alone tens of thousands of dollars to fund contested litigation. The Department of Education fights these cases very hard, as well as the contractor that is hired by them, ECMC. So, it is just not happening. People aren't getting undue hardship discharges. Mr. Cicilline. Many of my colleagues in this hearing have referenced our additional responsibility to figure out how we make the cost of higher education affordable and accessible, and we are dealing today with some of the symptoms of a system that is broken, where people are accumulating enormous debt and are unable to pay it. We have to do both. We have to address this question, but we also have to deal with kind of the source of the problem in a different Committee with different legislation. I really want to thank you because this is a very serious issue. We hear about it all the time from young people and from families. I hear about it every day from my sister, who has two children who just finished school and are saddled with enormous student loan debt. We hear this wherever we go. So, these are important bills that we intend to move. The last issue I want to just raise is a slightly different issue, and that relates to Chapter 7 bankruptcies. Trustees Act as a fiduciary appointed by the Justice Department to ensure that debtors comply with various requirements, including filing documents with the court and surrendering their nonexempt assets for liquidation, along with other essential responsibilities. The fee for trustees is paid by debtors, and in addition to paying for legal representation and compulsory debt counseling, debtors must also pay a $335 fee to file for Chapter 7 bankruptcy. The Chapter 7 trustees receive just $60 of this filing fee, a compensation level that has not been adjusted in 25 years and the only method of compensation in more than 90 percent of Chapter 7 cases. So, this is a significant problem. It is an understatement that increasing Chapter 7 trustees' compensation is long overdue. Everyone recognizes that. Mr. Rao, you previously testified in favor of adjusting this problem to resource the funds outside of steep increases in consumer debtor filing fees. What are some of those sources, and what are some other ways to reduce consumer debtors' burdens in bankruptcy while also addressing this sort of unfairness of the $60 fee, which has been unchanged for 25 years? Mr. Rao. Yes, Chair Cicilline. Trustees are also compensated by the assets which are sold in a bankruptcy case, and there is a certain percentage that are in the Bankruptcy Code as to how much of a percentage of the asset that they are able to receive as a commission. Our proposal would be to adjust those cutoffs so that they would receive higher amounts in those asset cases through the commission on the sale of assets. The other way to approach the problem, the opposition that we have had to the bills that have been introduced is that they focus solely on having debtors pay for the increased compensation through filing fees. The other possibility is to make it possible so that there are savings for consumers in reducing some of the filing requirements so that there is less burden on them in filing the case, and then possibly there may be that they could share some of the costs through an increase in filing fee, but only if there is a compensating reduction in their cost of access to the bankruptcy system. Mr. Cicilline. Thank you. With that, I think there are--no, sorry. I just want to make sure I properly close the hearing. First, I want to say thank you to the witnesses for this incredibly useful testimony. It will inform and guide our work. I ask unanimous consent to include a number of letters and statements in the record regarding proposed measures to address issues in our Bankruptcy Code--two statements from the American College of Bankruptcy, one endorsing the Family Farmer Relief Act and the Small Business Reorganization Act, one supporting the HAVEN Act, and a statement from the Association of Young Americans endorsing the Student Borrower Bankruptcy Relief Act. Without objection. [The information follows:] CICILLINE FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Cicilline. This concludes today's hearing. Thank you again to our distinguished witnesses. Without objection, all Members will have 5 legislative days to submit additional written testimony--sorry, additional written questions for the witnesses or additional materials for the record. Without objection, this hearing is adjourned. [Whereupon, at 12:03 p.m., the Subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]