News
Federal Jobless Aid, a Lifeline to Millions, Reaches an End on 9/4/21
Unemployment benefits have helped stave off financial ruin for millions of laid-off workers over the last year and a half. After this week, that lifeline will snap: An estimated 7.5 million people will lose their benefits when federally funded emergency unemployment programs end, the New York Times reported. Millions more will see their checks cut by $300 a week. The cutoff is the latest and arguably the largest of the benefit “cliffs” that jobless workers have faced during the pandemic. Last summer, the government ended a $600 weekly supplement that workers received early in the crisis, but other programs remained…
Bankruptcy Code 11 USC 523(a)(3)(A)
There is a split in case law, on how courts read Bankruptcy Code 11 USC 523(a)(3)(A) (which is about nondischargeability of late filed claims, where creditor did not have knowledge or notice of existence of bankruptcy case in time to file a proof of claim before the deadline set by the Bankruptcy Court for filing proofs of claim), should be read in conjunction with 11 USC 726(a)(2)(C) (which is about paying late filed claims under some circumstances). A Bankruptcy Court decision from Florida, Creative Enterprises HK Ltd. v. Simmons (In re Simmons), ___BR___20-0081 (Bankr. M.D. Fla. Aug. 24, 2021). discusses…
The Family Farmer or Family Fisherman Chapter of the Bankruptcy Code
Chapter 12—the Family Farmer or Family Fisherman Chapter of the Bankruptcy Code (11 USC 1201 to 1232)–was added to the Bankruptcy Code in 1986 in response to the farm crisis of the 1980s. Chapter 12 became a permanent part of the Code in 2005. For many reasons, farmers have continued to struggle in the intervening years, causing this chapter to be more relevant than ever. In 2016, farm real estate debt surpassed the 1981 peak. In 2019, commodity prices were 50 percent lower than their peak in 2012, and the weather in 2019 — including massive Midwest floods — prevented…
Four Presidents of the United States Filed for Bankruptcy
Did You Know? Four Presidents of the United States filed for Bankruptcy: Thomas Jefferson, Abraham Lincoln, Ulysses S. Grant and William McKinley [as reported by Credit & Collection e-newsletter of 8/23/21].
$5.8 Billion in Automatic Federal Student Loan Forgiveness
American Bankruptcy Institute article reports that the Biden administration on 8/19/21 announced it would line up more than 323,000 borrowers with a total and permanent disability (TPD) for $5.8 billion in automatic federal student loan forgiveness. The Education Department announced that it would no longer make those classified as totally and permanently disabled by the Social Security Administration (SSA) apply for their federal student loans to be discharged. Instead, borrowers with TPDs will be able to receive automatic forgiveness thanks to a new rule allowing student loan servicers to match customer data with the SSA. “Today’s action removes a major…
American Bankruptcy Institute 8/12/21 e-newsletter reports that: With Tenants Who Won’t Pay or Leave, Small Landlords Face Struggles of Their Own
Advocates for renters celebrated last week when the Biden administration effectively extended a Centers for Disease Control and Prevention ban on most evictions. But for some small landlords — struggling to pay mortgages and taxes — it was the last straw, the Washington Post reported. The CDC’s ban legally protects only renters who have suffered financially because of the pandemic, who are at risk of homelessness and who meet other criteria. But landlords say some tenants are abusing the eviction ban to live rent-free. Others cannot be evicted for any reason because of state and local rules enacted in response…
Nondebtor Release Prohibition Act of 2021
On July 28, 2021, democrats introduced bicameral legislation in the US Congress, titled the Nondebtor Release Prohibition Act of 2021, in an effort to ensure bad actors in bankruptcy cases—including Purdue Pharma, Boy Scouts of America, USA Gymnastics, and others—are held accountable. The legislation proposes to amend the Bankruptcy Code by adding a section that would essentially prohibit courts from approving the discharge, release, termination, or modification of claims or causes of action belonging to third parties that are not property of the estate. The bill also proposes to prohibit courts from permanently enjoining the commencement or continuation of such…
Biden Administration Issues New Eviction Moratorium
The previous federal moratorium on residential evictions (of tenants not paying their rent to the tenants’ landlords ended on July 31, 2021. But on Aug. 3, 2021 7:14 pm ET, President Biden announced a new federal moratorium on residential evictions to last through October 3, 2021. President Biden did this even though he admitted that this additional 60 day moratorium would likely be held to be unconstitutional by the US Supreme Court, when the US Supreme Court ruled on the constitutionality/unconstitutionality of this additional 60 days extension of moratorium on residential evictions. The new moratorium applies to over 80% of…
Date for Debt Collection Final Rules
Consumer Financial Protection Bureau (“CFPB”), which is a US Government Agency, Confirms November 30, 2021 is Effective Date for Debt Collection Final Rules which include that debt collectors cannot threaten to sue consumers, or sue consumers, on time-barred debt. This is a BIG Change, because debt collectors have been suing consumers on time-barred debts for decades. The CFPB recently announced that its two final debt collection rules implementing the Fair Debt Collection Practices Act (FDCPA) will take effect as planned on November 30. 2021. The first rule, issued in October 2020, involves debt collection communications and clarifies restrictions on harassment…
Recommend Improvements to the Consumer Bankruptcy System
The ABI Commission on Consumer Bankruptcy was created in December 2016 to research and recommend improvements to the consumer bankruptcy system that can be implemented within its existing structure. The Commission’s Final Report contains recommendations for amendments to the Bankruptcy Code, and to the Federal Rules of Bankruptcy Procedure, designed to make the consumer bankruptcy system more accessible and efficient for both financially struggling Americans and the professionals who serve them. After soliciting public feedback, Commission members identified nearly 50 discrete issues for study and divided these issues among three advisory committees composed of 52 bankruptcy professionals. The Comissions’ NUMBER…