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Courts Disagree on Chapter 11 Bankruptcy Amendment, to go to SCOTUS
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ԵՊՀ-ն նման բան թույլ չի տալու, դա կլինի իշխանության համար անհասանելի երազանք ԵՊՀ գիտխորհրդի անդամ
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By a two to one vote, in an April 29 opinion, the United States Court of Appeals for the Fourth Circuit reversed a decision of the United States Bankruptcy Court for the Eastern District of Virginia that a 2017 increase in U.S. Trustee’s fees violated the Uniformity Clause and the Bankruptcy Clause of the U.S. Constitution. In a dissenting opinion, Judge A. Marvin Quattlebaum, strongly stated his belief that the increase violated the Bankruptcy Clause, but agreed that the Uniformity Clause was not violated. All three judges on the Fourth Circuit panel agreed with the Bankruptcy Court that the increase applied to Chapter 11 cases that were already pending when the increase took effect, not only to cases filed after the increase went into effect.
On March 27, 2021, President Biden signed into law the
COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the
Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which were further amended and/or extended as part of the
Consolidated Appropriations Act (the CAA). Certain of the amendments included in the CAA and the Extension Act are highlighted below:
Debtors and Paycheck Protection Program Loans
Under the CARES Act, Congress established the Paycheck Protection Program (PPP) administered by the Small Business Administration (SBA), whereby businesses may obtain loans that would be forgiven if the borrowers used the funds for certain permitted purposes. The SBA promulgated a rule declaring debtors in bankruptcy ineligible for PPP loans. Debtors across the country have challenged this rule. The CAA attempts to address this issue by expressly authorizi
Bankruptcy Code Amendments in COVID-19 CARES Act
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