Bankruptcy Law: Overview and Legislative Reforms

Small Business Administration OversightHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust · July 15, 2025 · 119th Congress
The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust held this bipartisan hearing to examine the effectiveness of the bankruptcy system and consider narrowly tailored legislative reforms, including restoring the higher subchapter 5 debt cap, raising Chapter 7 trustee compensation, extending expiring temporary bankruptcy judgeships, and making student loan debt easier to discharge. Begins at ▶ 0:18:50
Transcript
Highlights

Title

Bankruptcy reforms: subchapter 5 debt cap, trustee pay, student loans

Purpose

The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust held this bipartisan hearing to examine the effectiveness of the bankruptcy system and consider narrowly tailored legislative reforms, including restoring the higher subchapter 5 debt cap, raising Chapter 7 trustee compensation, extending expiring temporary bankruptcy judgeships, and making student loan debt easier to discharge. Six witnesses — a law professor, two sitting bankruptcy judges, a finance professor, and two practicing attorneys — testified on the data behind these proposals. Begins at▶ 0:18:50

Who spoke

• Chairman Scott Fitzgerald (R-WI)▶ 0:18:50: Opened the hearing, framing bankruptcy as balancing debtor relief and creditor repayment▶ 0:20:12; noted nearly 30 temporary judgeships expire in 2026 and Chapter 7 trustee pay has not risen in 30+ years▶ 0:20:41; later questioned witnesses on state insurance receiver liability▶ 1:11:31 and undue-hardship discharges granted▶ 1:13:16.

• Ranking Member Jerrold Nadler (D-NY)▶ 0:22:40: Backed restoring the $7.5 million subchapter 5 debt cap, citing double the plan confirmation rate and 20% lower dismissal rate while it was in effect▶ 0:24:30; supported reinstating the higher Chapter 13 debt limit▶ 0:25:00 and repealing the "undue hardship" barrier to discharging student loans▶ 0:25:59; pressed Professor Jacoby on why student debt alone should be treated differently▶ 0:37:39▶ 1:16:56.

• Ranking Member Jamie Raskin (D-MD)▶ 0:29:50: Argued the bankruptcy system has moral as well as economic implications, citing Federalist 42▶ 0:31:09; noted Maryland stands to lose three of seven temporary bankruptcy judgeships▶ 0:36:46; polled all witnesses yes/no on restoring the $7.5M cap and on student loan dischargeability▶ 1:26:34; pressed Judge Harner on the moral-hazard rationale for excluding education debt▶ 1:28:21.

• Douglas Baird, University of Chicago Law School / National Bankruptcy Conference▶ 0:41:18: Argued the subchapter 5 debt cap should rise because many viable small businesses (restaurants, contractors, manufacturers) carry debt well above $3.5 million▶ 0:42:40; noted the comparable chapter 12 farm-debt cap is $12.5 million▶ 0:44:48; called the current student-loan discharge standard "out of whack"▶ 1:37:59.

• Judge Paul Black, Chief Judge, U.S. Bankruptcy Court, W.D. Virginia▶ 0:46:18: Said the $7.5 million subchapter 5 cap was "effective and appropriate" and urged making it permanent▶ 0:47:53; described the $60 no-asset trustee fee, unchanged since 1994, and backed HR 3867 raising it to $120▶ 0:50:08; said he has not seen subchapter 5 abuse in his court▶ 1:15:22.

• Judge Michelle Harner, U.S. Bankruptcy Court, District of Maryland▶ 0:50:35: Reported over 500,000 bankruptcy filings in 2024, with subchapter 5 confirming plans in over 50% of cases (60%+ consensually)▶ 0:53:16; said the current debt cap excludes about 2,000 individuals a year from Chapter 13▶ 0:54:33; said COVID-era relief programs, not court capacity, explain why filings did not spike during the pandemic▶ 1:47:47.

• Melissa Jacoby, University of North Carolina School of Law▶ 0:56:20: Said subchapter 5 "reflects decades of development" and works well▶ 0:57:16; called the current one-path student loan discharge standard "broken"▶ 0:58:28; noted student debt discharge used to be available after 5-7 years of repayment independent of undue hardship until changed incrementally, roughly 1998▶ 1:21:03; discussed the 23andMe bankruptcy and treatment of genetic-data breach claimants as general unsecured creditors▶ 1:25:05.

• Dr. Edith Hotchkiss, Boston College▶ 0:59:38: Presented research showing 70% of small businesses under $7.5 million in liabilities went straight to Chapter 7 liquidation before subchapter 5▶ 1:02:01; found subchapter 5 more than doubles plan confirmation probability with no evidence of harm to unsecured creditors or excessive continuation of failing firms▶ 1:03:46; found no evidence of "bunching" below the debt threshold, though flagged the FTX/Alex Jones case as a manipulation risk▶ 1:05:06.

• Megan Murray, Underwood Murray▶ 1:05:29: Co-chaired an ABI task force studying subchapter 5 with Judge Harner▶ 1:06:25; said SBA loan maximums ($5M and $5.5M) plus other typical small-business debt show the current $3.4 million cap is too low▶ 1:08:46; argued creditor protections in subchapter 5 are sufficient to support raising the cap to $7.5 million▶ 1:10:34.

• Rep. Ben Cline (R-VA)▶ 1:21:03: Asked Judge Black about subchapter 5's benefits, citing his lead role passing the Small Business Reorganization Act▶ 1:21:31; introduced the bipartisan "Don't Sell My DNA Act" addressing genetic data in bankruptcy following the 23andMe case▶ 1:24:10.

• Rep. Jimmy Gomez (D-CA)▶ 1:32:01: Introduced the Student Loan Bankruptcy Improvement Act to strike "undue" from the hardship test, co-sponsored by several members▶ 1:33:15; polled witnesses on whether the change tilts the system toward debtors▶ 1:36:32.

• Rep. Darrell Issa (R-CA)▶ 1:37:55: Challenged the premise that discharge protection drives non-payment, noting the federal student loan program was intended to break even but has taken major losses▶ 1:38:22; asked why student debt cannot follow an IRS-style abatement model▶ 1:42:24.

• Rep. Becca Balint (D-VT)▶ 1:44:51: Criticized the Trump administration's staffing lockout at the CFPB▶ 1:45:43; asked Judge Harner whether economic hardship drives bankruptcy filings and why COVID did not increase filings▶ 1:47:27.

• Rep. Addison McDowell (R-NC)▶ 1:50:01: Asked Judge Black about recruiting younger Chapter 7 trustees given stagnant $60 fees▶ 1:50:58 and about the effect of losing North Carolina's two temporary judgeships▶ 1:53:21.

• Rep. Jonathan Jackson (D-IL)▶ 1:55:11: Raised the Puerto Rico Electric Power Authority (PREPA) bankruptcy, now in its ninth year, and asked Jacoby about Puerto Rico's exclusion from the bankruptcy code▶ 1:58:15.

• Rep. Zoe Lofgren (D-CA)▶ 2:01:19: Described bankruptcy "venue shopping," citing Purdue Pharma and a San Diego company that opened a Texas P.O. box to file there▶ 2:02:20; announced plans to reintroduce the Bankruptcy Venue Reform Act▶ 2:04:19.

• Rep. Hank Johnson (D-GA)▶ 2:06:05: Noted the Chapter 7 filing fee rose from $130 to $338 since 1994 while trustee pay stayed flat, asking where the difference went▶ 2:06:55; criticized provisions in the recent reconciliation ("big ugly") bill eliminating Grad PLUS loans and deferment options▶ 2:10:55.

Key moments

• Nadler cited that while the temporary $7.5M subchapter 5 cap was in effect, cases had double the plan confirmation rate and 20% lower dismissal rate than non-subchapter 5 Chapter 11 cases▶ 0:24:30.

• Hotchkiss's empirical study found 70% of small businesses under $7.5M in liabilities liquidated directly under Chapter 7 pre-subchapter 5, and only a third of those attempting reorganization succeeded▶ 1:02:01▶ 1:02:28.

• Judge Black testified the no-asset Chapter 7 trustee fee has been $60 since a 1994 increase from $45, even as HR 3867 would raise it to $120 funded by a 0.3% fee increase in certain Chapter 11 cases▶ 0:50:08▶ 0:50:35.

• Raskin's rapid-fire poll: all five willing witnesses (Hotchkiss and Murray declined) said the subchapter 5 cap should return to $7.5 million, and four of the five willing to answer said the student-loan discharge standard needs reform▶ 1:26:34▶ 1:27:17.

• Judge Harner described granting a partial student-loan discharge to a 67-year-old woman with over $500,000 in debt under the Brunner "undue hardship" test — the only such case in her tenure — which was not appealed▶ 1:14:15.

• Jacoby noted that before 1998, student loans became dischargeable automatically after 5-7 years of repayment regardless of hardship, a path Congress later eliminated▶ 1:21:03.

• Issa and Professor Baird sparred over whether bankruptcy protection itself causes non-repayment of student loans, with Baird countering that much student debt is simply "uncollectible" because interest outpaces repayment ability▶ 1:39:38▶ 1:42:01.

• Johnson highlighted that the Chapter 7 filing fee rose from $130 in 1994 to $338 in 2025 while trustee compensation stayed at $60, asking witnesses where the difference went — none had a clear answer▶ 2:06:55▶ 2:07:24.

• Harner said national data show subchapter 5 debtors between the current $3M cap and $7.5M actually used the tool "even more effectively" than the current eligible pool▶ 1:50:01.

• Jackson detailed the PREPA (Puerto Rico Electric Power Authority) bankruptcy entering its ninth year, with creditors winning a claim over all past, present and future net revenues while Puerto Rico remains excluded from the bankruptcy code▶ 1:57:00▶ 1:57:25.

Metadata

CommitteeHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Chamber / CongressHouse · 119th Congress
DateJuly 15, 2025
TypeHearing
Witnesses
Mr. Douglas Baird — Harry A. Bigelow Distinguished Service Professor of Law, University of Chicago Law School
The Honorable Paul Black — Chief Judge, United States Bankruptcy Court
The Honorable Michelle Harner — Bankruptcy Judge, United States Bankruptcy Court
Ms. Melissa Jacoby — Graham Kenan Professor of Law, University of North Carolina at Chapel Hill
Dr. Edith Hotchkiss — Professor of Finance, Boston College
Ms. Megan Murray — Attorney and Founding Shareholder, Underwood Murray
Videoyoutube
Transcript259 caption blocks · 17,576 words · 2:12:02 runtime
EventCongress.gov 118492