House Republicans Roll Out Election-Year Tax Cut Plan

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:
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.
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.