CLLA Newswire October 2017 Continued

Thursday, October 26, 2017
Update: The Bankruptcy Judgeship Act  » As previously advised, On October 19, 2017 Senator McConnell made a Motion for Cloture to concur in the amendment by the House to H.R. 2266, after amending the effective date by five days.  Pursuant to the Cloture Motion the Senate debated on October 23rd and 24th as to the amendment by the House regarding disaster relief.

All but a handful agreed that the additional sums for disaster relief were necessary to aide California, Florida, Texas, and Puerto Rico.  Senator Rand raised a point of order pursuant to the Congressional Budget Act and requested that in lieu of borrowing for the additional aide, 1% should be cut from the budget to offset the additional aide either across the board or from areas of the budget that were less of a priority.

A vote was taken as to the point of order and by a three-fifths vote the point of order failed.  A roll call vote was then taken as to H.R. 2266 with the amendment of the House, and was passed by a vote of 82 yeas and 17 nays.

The Bill will now be engrossed, sent to the Speak of the House and the President Pro Temp for signature, and then sent for signature to the President.

Monday, October 23, 2017
Bankruptcy Filings Hit 10-Year Low  » The most recent figures out of the Administrative Office of the U.S. Courts show that bankruptcy filings, after falling again in September, have marked a 10 year low for a 12 month period.

Filings for year ending September 2017 fell 1.8% compared to year ending September 2016 (a total of 14,724 less filings).  This number breaks down to 11,825 less Chapter 7 filings, 398 less Chapter 11 filings, 2,551 less Chapter 13 filings, and an increase of 50 Chapter 12 filings.  The business filings fell to 23,109 filings down from 24, 457 filings last year.♦

Monday, October 23, 2017
Update: Bankruptcy Judgeship Act   » Yesterday the Senate voted on the Bankruptcy Judgeship Act as presented with the House Amendment.  When I was advised that it was being held at the desk there apparently was some miscommunication with the Senate library and myself.  The Act was at the desk, but because the Senate had just voted on it, not because it was processing to be voted on.

In the Senate, Mitch McConnell made a motion to concur in the House amendment (House Resolution 569) and made a Cloture Motion to amend the language within the Act to state “This Act shall take effect 5 days after the date of the enactment”.  This was voted on and passed in the Senate. ♦

Monday, October 23, 2017
Update: Bankruptcy Judgeship Act   » A quick history of the Bankruptcy Judgeship Act shows that it was introduced and passed in the House (5/17/2017) providing for the status of  temporary bankruptcy judges in certain districts to be converted to permanent positions as well as appoint additional judges in Delaware, the middle district of Florida and the eastern district of Michigan.  It further provided for an increase in the quarterly fee payable to the U.S. trustee by certain Chapter 11 debtors and for 97.5% of the quarterly U.S. trustee fees to be deposited as offsetting collections to the U.S. Trustee System fund for FY2018 – FY2022. Link

Wednesday, October 18, 2017
Senate Bill 1963  » The Senate introduced S. 1963 on October 17, 2017 to amend Title 11 of the U.S. Code to include certain pension as administrative expenses in bankruptcy.  The proposed bill was read twice and then referred to the Senate Judiciary Committee.  The text of the bill is not currently available.  I will update you when the text is published. ♦

Friday, October 13, 2017
House Resolution 569  » The House passed Resolution 569 on October 12, 2017.  The Resolution agreed to the amendments made to The Bankruptcy Judgeship Act by the Senate, and adding additional amendments.  The Resolution is attached for your review.♦

Monday, October 9, 2017
Bank of America Must Face Debt Collection Robocall Suit » Bank of America must defend a claim it violated the Telephone Consumer Protection Act as well as the Connecticut Creditors Collection Practices Act.  The Plaintiff had filed a request for a loan modification with Bank of America; her phone number was solicited and included on the loan modification form.  Bank of America allegedly stalled the modification process and in the interim, made over 104 unlawful autodialed phone calls without her permission, seeking collection in the context of an attempt to foreclose on the loan.

In response to Bank of America’s Motion to Dismiss, the court ruled that while the Plaintiff did provide her phone number on the modification form, autodialed calls in excess of 104 was more than necessary for debt collection attempts. The court further ruled that the Plaintiff is charged for the use of her mobile phone therefore, she has sufficient injury to constitute standing to sue.♦

Monday, October 9, 2017
H.R. 3969 Introduced » On October 5, 2017, Ohio Representative, Tim Ryan, introduced H.R.3969 into the house to amend Title 11 to include certain pensions as administrative expenses in a bankruptcy claim.  On the same day, the proposed legislation was referred to the House Judiciary Committee.  To date, a copy of the bill has not been published; however I will advise as to more details when it has become available.♦

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