Skip to main content

%1

Student Loan Cancellation Sets Up Clash Between Biden and the Left

Submitted by jhartgen@abi.org on

President-elect Joseph R. Biden Jr. is facing pressure from congressional Democrats to cancel student loan debt on a vast scale, quickly and by executive action, the New York Times reported. Biden has endorsed canceling $10,000 in federal student debt per borrower through legislation, and insisted that chipping away at the $1.7 trillion in loan debt held by more than 43 million borrowers is integral to his economic plan. But Democratic leaders, backed by the party’s left flank, are pressing for up to $50,000 of debt relief per borrower, executed on Day 1 of his presidency. More than 200 organizations — including the American Federation of Teachers, the N.A.A.C.P. and others that were integral to his campaign — have joined the push. The Education Department is effectively the country’s largest consumer bank and the primary lender, since 2010, for higher education. It owns student loans totaling $1.4 trillion, so forgiveness of some of that debt would be a rapid injection of cash into the pockets of many people suffering from the economic effects of the pandemic. Many economists, including liberals, say higher education debt forgiveness is an inefficient way to help struggling Americans who face foreclosure, evictions and hunger. The working poor largely are not college graduates — more than 70 percent of currently unemployed workers do not have a bachelor’s degree, and 43 percent did not attend college at all, according to a report by the Committee for a Responsible Federal Budget.

Democrats Warren and Nadler Float Consumer Bankruptcy Overhaul

Submitted by jhartgen@abi.org on

Congressional Democrats yesterday introduced legislation overhauling the U.S. bankruptcy system to make it friendlier to consumers while opening the door to student-loan cancellation, among other proposals, the Wall Street Journal reported. Sen. Elizabeth Warren (D-Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) said that the proposed bill would streamline bankruptcy filings for individuals and families and reduce filing fees while addressing racial and gender disparities in how bankruptcy laws are applied. Some Democrats, including Sen. Warren, for years have been keen on changing the nation’s consumer bankruptcy laws, which last underwent a major amendment in 2005. President-elect Joe Biden’s election victory raised the odds of a significant revision, though any such proposal would face obstacles in a closely divided Senate. Control of the upper house, which now has 50 Republicans and 48 Democrats, will be determined by the two pivotal Georgia runoff races on Jan. 5. The Consumer Bankruptcy Reform Act of 2020 follows a framework put forth by Sen. Warren during the Democratic presidential primary that was later endorsed by President-elect Biden on the campaign trail. The legislation would create a new consumer bankruptcy option, chapter 10, replacing the current chapter 7 and chapter 13 routes individuals use to either liquidate or restructure their debts. Chapter 10 would let filers wipe out all unsecured debt, with narrow exceptions such as child support or debts incurred by fraud. Borrowers could also create repayment plans specific to different types of debt, including medical and credit card debt, as well as home mortgages and car loans. (Subscription required.)
https://www.wsj.com/articles/democrats-warren-and-nadler-float-consumer…

Click here to read the full bill text.
http://ct.symplicity.com/t/wrn/903126e8d662ad20ab57861668e9c2c7/3769411…

November Commercial Chapter 11 Filings Increase 46 Percent from Previous Year, Total Filings Decrease 39 Percent

Submitted by jhartgen@abi.org on

Commercial chapter 11 filings increased 46 percent in November 2020 over November of last year, according to data provided by Epiq. Increasing from November 2019’s commercial chapter 11 filing total of 449, nearly half of the 654 commercial chapter 11 filings registered in November 2020 were “related” filings. All other filing categories registered decreases from last year. The 34,478 total U.S. bankruptcies in November 2020 were down 39 percent from the 56,085 filings in November 2019. Consumer bankruptcies also decreased 39 percent in November 2020, as the 32,143 filings dropped from the 53,063 consumer filings registered in November 2019. Commercial bankruptcy filings totaled 2,335 in November 2020, a 23 percent decrease from the 3,022 commercial filings in November 2019.

Virginia City Official Fraudulently Misled Court in Bankruptcy, Judge Rules

Submitted by jhartgen@abi.org on

Arlington County (Va.) Board member Christian Dorsey, whose ethical and financial difficulties have tangled him in a web of false statements over the past year, fraudulently misrepresented his assets while filing for bankruptcy, a federal court ruled Friday, the Washington Post reported. Dorsey had listed a second mortgage payment as one of his obligations, which would have reduced the amount he had to pay toward his other debts. But a trustee charged with overseeing his case said in court on Thursday that the mortgage debt had been forgiven, and Dorsey had made no payments on it since October 2019, when he filed for bankruptcy. It was “an act of overt misrepresentation,” Thomas P. Gorman told the court at a hearing on Thursday, and “misconduct . . . so over the line” that punishment was warranted. Judge Brian F. Kenney sided with Gorman, calling Dorsey’s filings “a misrepresentation that requires that the case be dismissed with prejudice.” In an order published Thursday, he dismissed the bankruptcy under a code section reserved for cases involving fraud.

November Commercial Chapter 11 Filings Increase 46 Percent from Previous Year, Total Filings Decrease 39 Percent

Submitted by jhartgen@abi.org on

Alexandria, Va. Commercial chapter 11 filings increased 46 percent in November 2020 over November of last year, according to data provided by Epiq. Increasing from November 2019’s commercial chapter 11 filing total of 449, nearly half of the 654 commercial chapter 11 filings registered in November 2020 were “related” filings. All other filing categories registered decreases from last year. The 34,478 total U.S. bankruptcies in November 2020 were down 39 percent from the 56,085 filings in November 2019. Consumer bankruptcies also decreased 39 percent in November 2020, as the 32,143 filings dropped from the 53,063 consumer filings registered in November 2019. Commercial bankruptcy filings totaled 2,335 in November 2020, a 23 percent decrease from the 3,022 commercial filings in November 2019.

The 494,756 total bankruptcies through the first 11 months of 2020 are on pace to result in the lowest annual filing total since the 617,660 filings recorded in calendar year 2006, the year after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 went into effect and placed new requirements on filers.

"Government relief programs, moratoriums and lender deferments have helped families and businesses weather surging COVID-19 cases, elevated unemployment rates and growing debt loads to this point of the pandemic," said ABI Executive Director Amy Quackenboss. “Unless renewed by Congress, the expiration of the stabilization programs will leave struggling consumers and businesses in a challenging and uncertain position. Bankruptcy provides a proven shield to companies and consumers facing mounting financial distress.”

Commercial chapter 11 filings in November 2020 represented a 19 percent increase from the 550 filings recorded in October 2020. Total filings for November decreased 14 percent compared to the 40,218 total filings in October 2020. Total noncommercial filings for November decreased 15 percent from the October 2020 noncommercial filing total of 37,679.  November’s commercial filing total represented an 8 percent decrease from the October 2020 commercial filing total of 2,539.

The average nationwide per capita bankruptcy filing rate (total filings per 1,000 population) was 1.74 for the first 11 calendar months of 2020 (Jan. 1-Nov. 30), a slight decrease from the 1.78 rate registered during the first 10 months of the year. The average daily filing total in November 2020 was 1,815, a 39 percent decrease from the 2,952 total daily filings registered in November 2019. States with the highest per capita filing rates (total filings per 1,000 population) through the first 11 months of 2020 were:

1. Alabama (3.91)

2. Delaware (3.74)

3. Tennessee (3.46)

4. Nevada (2.95)

5. Mississippi (2.93)

For further information about the statistics or additional requests, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or jhartgen@abiworld.org.

###

ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

Epiq is a leading provider of managed technology for the global legal profession. Epiq offers innovative technology solutions for electronic discovery, document review, legal notification, claims administration and controlled disbursement of funds. Epiq’s clients include leading law firms, corporate legal departments, bankruptcy trustees, government agencies, mortgage processors, financial institutions, and other professional advisors who require innovative technology, responsive service and deep subject-matter expertise. For more information on Epiq, please visit https://www.epiqglobal.com/en-us.