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House Republicans Roll Out Election-Year Tax Cut Plan

Submitted by ckanon@abi.org on
Republicans in the U.S. House of Representatives unveiled an election-year tax plan that is unlikely to become law but could energize party voters this autumn by promising permanent tax cuts for individuals and most business owners, Reuters reported. Days before lawmakers head home for five weeks of summer campaigning before the Nov. 6 congressional elections, House Ways and Means Committee Chairman Kevin Brady (R-Texas) rolled out a “Tax Reform 2.0” proposal that would also expand savings opportunities for families and workers while expanding write-offs for start-up businesses. “This is an excellent first step,” Rep. Brady said. House Republicans plan three pieces of legislation covering permanence, savings and business in hopes of reaping some success in the Senate. Other ideas, including a measure to protect capital gains on business investments from inflation, are also under discussion. Rep. Brady expects his committee to vote on legislation in September, setting the stage for a House floor vote. But new tax legislation is unlikely to succeed in the Senate, where Republicans would need support from Democrats, who opposed last year’s overhaul that permanently slashed corporate taxes but provided only temporary reductions for individuals and business owners. Democrats charged that the tax law largely benefited wealthy Americans and corporations. Some $1.1 trillion of the cuts will expire after 2025, a factor contributing to the overhaul’s unpopularity with voters. Republicans hope new legislation could appeal to voters while helping focus the congressional election campaign on buoyant economic growth.
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Chapter 11 Reform Commission Co-Chair Proposes Legislation for Viable Reorganization of Small and Medium-Sized Enterprises

Submitted by jhartgen@abi.org on

Alexandria, Va. Robert J. Keach of Bernstein, Shur, Sawyer & Nelson, P. A. (Portland, Maine) and co-chair of ABI's Commission to Study the Reform of Chapter 11 today proposed legislation to provide a viable option for small and medium-sized enterprises (SMEs) looking to reorganize under the Bankruptcy Code. “Most financially troubled SMEs simply avoid chapter 11 altogether,” Keach said in written testimony today before the Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts. The proposed legislation in Keach’s testimony is based on the Commission’s proposed reforms to reinstate reorganization under the Bankruptcy Code as a viable option for SMEs. “The bill is not just a ‘small business’ bankruptcy bill for the tiniest firms; the proposed restructuring option would apply to approximately 90 percent of all business filers by number,” according to Keach’s testimony.

Key provisions of the proposed legislation include:

  • Removing unrealistic and artificial deadlines and allowing SMEs to work with the courts and their stakeholders to establish sensible restructuring timelines.
  • Reducing the amount, and limiting the kinds, of information that an SME debtor must provide when filing a chapter 11 case.
  • Reducing the reporting requirements imposed on SMEs.
  • Not requiring the U.S. Trustee to appoint a committee of unsecured creditors in an SME case, unless requested by a creditor or needed for other reasons.
  • Allowing an SME debtor or other stakeholder in a case to request the appointment of a professional with skills tailored to the particular problems facing that debtor.
  • Encouraging parties, and allowing the court, to reduce or control the costs of a chapter 11 case by streamlining the plan of reorganization process, providing clear rules for the SME debtor’s reorganization, and structuring fees in the case to fit the size and resources of the particular SME debtor.
  • Providing a plan of reorganization option (as a default if a deal is not reached) that allows an SME owner to maintain some ownership interest in the company while preserving the rights of secured creditors and that seeks to repay unsecured creditors in full within a specified period.

 

Click here to read Keach’s full testimony and the proposed legislation.

“Because of the jobs it will save, this is a jobs bill that is already paid for,” according to Keach’s testimony. “The courts are there, the system is there, and it costs no more to make it work effectively to save companies.”

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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 12,000 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.

 

Small Businesses Say Federal-Disaster Aid Needs Strengthening

Submitted by jhartgen@abi.org on

Some small-business owners struggling to recover from this year’s series of brutal hurricanes said the federal government needs to beef up its response, the Wall Street Journal reported. Unlike individuals, businesses aren’t eligible for grants from the Federal Emergency Management Agency. They can receive disaster-recovery loans, but many entrepreneurs aren’t interested in taking on debt after a big storm, and some don’t qualify for a loan. The U.S. Small Business Administration’s disaster-loan program is the main source of federal aid for flood-ravaged entrepreneurs. It allows businesses to borrow up to $2 million to repair or replace damaged property and cover other disaster-related losses. But more than half of the loan applications are typically rejected, often because they don’t have the cash flow to support repayments.

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