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CLLA News and Updates
PRESS RELEASES
Find A CLLA Attorney
Find A CLLA Certified Agency
Find A CLLA Agency
Find A CLLA Professional
Press Releases
2024
September 16, 2024
ASSEMBLY COMMITTEE ON BANKING AND FINANCE
Timothy Grayson, Chair
SB 1286 (Min) – As Amended April 25, 2024
SENATE VOTE: 28-9
SUBJECT: Rosenthal Fair Debt Collection Practices Act: covered debt: commercial debts
SUMMARY: Expands the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act) to cover commercial debts owed by specified types of debtors.
Specifically, this bill:
1.) Adds “covered commercial debt” to the Rosenthal Act, subjecting persons that engage in debt collection related to a covered commercial debt to that act.
2.) Defines the following terms:
a) “Covered debt” means a consumer debt or a covered commercial debt.
b) “Covered credit” means consumer credit or covered commercial credit.
c) “Covered commercial debt” and “covered commercial credit” mean money, property, or their equivalent, due or owing or alleged to be due or owing from a natural person to a lender, a commercial financing provider, or a debt buyer, as specified, by reason of a covered commercial credit transaction. “Covered commercial credit transaction” means a transaction between a person and another person in which property, services, or money, of a total value of no more than $500,000, is acquired on credit by that person from the other person primarily for other than personal, family, or household purposes.
3.) Provides that a debtor includes a natural person who guarantees an obligation related to a covered commercial credit transaction and does not include a corporation or limited liability company.
4.) Replaces “consumer debt” with “covered debt” throughout the Rosenthal Act, except in provisions related to communications with a debtor’s employer, consumer debt originated by a hospital, and an incorporation by reference of provisions of specified federal law related to consumer debt collection.
June 11, 2024
The Commercial Law League of America Fully Endorses Maintaining the Subchapter V and Chapter 13 Debt Limits for Another Two Years
Rolling Meadows, IL, June 11, 2024 –
On April 17, 2024, Senate Judiciary Chair Richard Durbin (D-IL) introduced bipartisan legislation, which would extend by two years the $7.5 million debt limit for the Small Business Reorganization Act (the “SBRA”), and also maintain the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million, which limits are due to revert back to $3,024,725 for Subchapter V and the pre-COVID limits for Chapter 13 on June 21, 2024. The legislation, which is co-sponsored by Sens. Lindsey Graham (R-SC), Sheldon Whitehouse (D-RI), Charles Grassley (R-IA), Christopher A. Coons (D-DE) and John Cornyn (R-TX), is the “Bankruptcy Threshold Adjustment Extension Act” (S. 4150). The Commercial Law League of America wholeheartedly supports this proposed legislation.
The proposed legislation would continue to allow greater access to the Small Business Debtor Reorganization provisions of the Bankruptcy Code, known as Subchapter V, allowing small businesses and individuals engaged in business a greater opportunity to successfully reorganize, pay creditors’ claims and save jobs. Additionally, by maintaining the debt limit for Chapter 13 bankruptcy eligibility, S. 4150 would continue to expand the options available to individuals who wish to effectively reorganize their debts without the need of filing a more complicated individual Chapter 11 case. The proposed legislation will continue to help promote small businesses to get back on track to build, innovate and grow the
economy.
April 25, 2024
Commercial Law League of America Announces Additional Certified Agency
Rolling Meadows, IL, April 25, 2024 –
The Commercial Law League of America (CLLA) is pleased to welcome into the esteemed group of Certified Agencies, MNS Credit Management.
MNS Credit Management has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Anushree Sharma, Manager of Business Development of MNS Credit Management shared the following, “MNS has chosen to become certified with the Commercial Law League of America to uphold the highest standards of compliance and ethical conduct in our operations. This certification allows us to expand our network, connecting with leading Attorneys and Credit and Collection Professionals, enhancing both our knowledge base and collaborative opportunities. Through this enhanced educational access and peer engagement, we aim to refine our methodologies and strategies, ensuring we deliver exceptional results to our clients. Ultimately, our goal is to leverage this certification to solidify our reputation as a trusted leader in the industry.”
All CLLA Certified Agencies including MNS Credit Management have passed an audit conducted by an independent third-party auditing firm. CLLA confirms their compliance with all relevant federal and state laws and regulations governing the collection of debts and in all jurisdictional registration and licensing requirements. The CLLA Certification, endorsed by the International Association of Commercial Collectors (IACC), has set the standard of agency certification in the credit industry since 1975.
March 4, 2024
The Commercial Law League of America Announces the Recipient of the 2024 Lawrence P. King Award
Rolling Meadows, IL, March 4, 2024 –
The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to announce that they will present the Lawrence P. King Award to Ralph Brubaker at the National Conference of Bankruptcy Judges (NCBJ) in Seattle, WA on September 19, 2024.
The King Award: Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher, or legislator who exemplifies the best in scholarship, advocacy, judicial administration, or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.
This year’s recipient — Ralph Brubaker — is the James H.M. Sprayregen Professor of Law at the University of Illinois, where he teaches courses in bankruptcy, bankruptcy procedure, corporate reorganizations, federal courts, conflict of laws (private international law), contracts, and restitution. Professor Brubaker has three degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A., and he received Bronze Tablet distinction (highest honors) and C.P.A. certification as an undergraduate. He clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit, and he practiced in the bankruptcy and corporate reorganization group with the law firm Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio. Professor Brubaker was a member of the faculty at the Emory University School of Law in Atlanta, Georgia from 1995 until 2004, when he returned to his alma mater.
Professor Brubaker is the Editor-in-Chief and a contributing author for West’s Bankruptcy Law Letter, he is co-author of a bankruptcy casebook, and he has written dozens of journal articles and essays. He is particularly expert in the complex jurisdictional and procedural facets of federal bankruptcy proceedings. Professor Brubaker has been an editorial advisor for the American Bankruptcy Law Journal, the American Bankruptcy Institute Law Review, and the Emory Bankruptcy Developments Journal. He is a member of the American Law Institute, a Conferee of the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy, for which he has been the Scholar-in-Residence.
Professor Brubaker has served on the executive committee of the board of directors of the American Bankruptcy Institute (ABI), and he was a member of the advisory committee on business enterprise sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
February 7, 2024
The Commercial Law League of America Announces the Recipient of the 2024 President’s Cup.
Rolling Meadows, IL, February 7, 2024 –
Honorable (Ret.) Judith K. Fitzgerald will receive the Commercial Law League of America (CLLA) President’s Cup Award at its 130th National Convention on May 17th in Chicago, Illinois at the Annual Awards brunch. This award, along with the CLLA Lawrence P. King Award which she received in 2011, is a testament to her contributions to the field of commercial law and to the CLLA which she joined 35 years ago. Judge Fitzgerald is revered in the area of bankruptcy law, with over 25 years of experience as a bankruptcy judge.
The President’s Cup was first presented to the CLLA in 1964 by the American Lawyers Quarterly and is awarded to the CLLA member who rendered outstanding service for the benefit of the CLLA, made a substantial contribution to the improvement of the standards and practice of commercial law, and elevated the image of the CLLA through excellence and personal and professional conduct.
About Honorable (Ret.) Judith Fitzgerald
Judge Fitzgerald is a retired United States Bankruptcy Judge who served in the Western District of Pennsylvania from 1987 to 2013. She also sat by designation in the District of Delaware, the Eastern District of Pennsylvania, and the U.S. Virgin Islands.
Judge Fitzgerald has extensive experience in mediation and arbitration. She is a member of FedArb, an association of former federal judges who provide mediation and arbitration services. She has mediated and arbitrated a wide variety of cases, including complex commercial disputes, bankruptcy matters, and personal injury cases. She is a highly respected mediator with a proven track record of success. She is known for her ability to bring parties together and help them reach mutually agreeable solutions. She is also known for her fairness and impartiality. Judge Fitzgerald has extensive experience in mass tort bankruptcy cases and dealing with plans and trusts that resolve those difficult issues. She is frequently retained as a consultant, expert witness and lecturer in matters involving mass torts, trial strategy, evidence, procedure, contracts, bankruptcy, and professional responsibility. She participates on several committees and boards dedicated to fostering legal education and improving access to justice.
2022
2021
2020
ARCHIVAL
Press Releases
2024
June 11, 2024
The Commercial Law League of America Fully Endorses Maintaining the Subchapter V and Chapter 13 Debt Limits for Another Two Years
Rolling Meadows, IL, June 11, 2024 –
On April 17, 2024, Senate Judiciary Chair Richard Durbin (D-IL) introduced bipartisan legislation, which would extend by two years the $7.5 million debt limit for the Small Business Reorganization Act (the “SBRA”), and also maintain the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million, which limits are due to revert back to $3,024,725 for Subchapter V and the pre-COVID limits for Chapter 13 on June 21, 2024. The legislation, which is co-sponsored by Sens. Lindsey Graham (R-SC), Sheldon Whitehouse (D-RI), Charles Grassley (R-IA), Christopher A. Coons (D-DE) and John Cornyn (R-TX), is the “Bankruptcy Threshold Adjustment Extension Act” (S. 4150). The Commercial Law League of America wholeheartedly supports this proposed legislation.
The proposed legislation would continue to allow greater access to the Small Business Debtor Reorganization provisions of the Bankruptcy Code, known as Subchapter V, allowing small businesses and individuals engaged in business a greater opportunity to successfully reorganize, pay creditors’ claims and save jobs. Additionally, by maintaining the debt limit for Chapter 13 bankruptcy eligibility, S. 4150 would continue to expand the options available to individuals who wish to effectively reorganize their debts without the need of filing a more complicated individual Chapter 11 case. The proposed legislation will continue to help promote small businesses to get back on track to build, innovate and grow the
economy.
April 25, 2024
Commercial Law League of America Announces Additional Certified Agency
Rolling Meadows, IL, April 25, 2024 –
The Commercial Law League of America (CLLA) is pleased to welcome into the esteemed group of Certified Agencies, MNS Credit Management.
MNS Credit Management has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Anushree Sharma, Manager of Business Development of MNS Credit Management shared the following, “MNS has chosen to become certified with the Commercial Law League of America to uphold the highest standards of compliance and ethical conduct in our operations. This certification allows us to expand our network, connecting with leading Attorneys and Credit and Collection Professionals, enhancing both our knowledge base and collaborative opportunities. Through this enhanced educational access and peer engagement, we aim to refine our methodologies and strategies, ensuring we deliver exceptional results to our clients. Ultimately, our goal is to leverage this certification to solidify our reputation as a trusted leader in the industry.”
All CLLA Certified Agencies including MNS Credit Management have passed an audit conducted by an independent third-party auditing firm. CLLA confirms their compliance with all relevant federal and state laws and regulations governing the collection of debts and in all jurisdictional registration and licensing requirements. The CLLA Certification, endorsed by the International Association of Commercial Collectors (IACC), has set the standard of agency certification in the credit industry since 1975.
March 4, 2024
The Commercial Law League of America Announces the Recipient of the 2024 Lawrence P. King Award.
Rolling Meadows, IL, March 4, 2024 –
The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to announce that they will present the Lawrence P. King Award to Ralph Brubaker at the National Conference of Bankruptcy Judges (NCBJ) in Seattle, WA on September 19, 2024.
The King Award: Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher, or legislator who exemplifies the best in scholarship, advocacy, judicial administration, or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.
This year’s recipient — Ralph Brubaker — is the James H.M. Sprayregen Professor of Law at the University of Illinois, where he teaches courses in bankruptcy, bankruptcy procedure, corporate reorganizations, federal courts, conflict of laws (private international law), contracts, and restitution. Professor Brubaker has three degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A., and he received Bronze Tablet distinction (highest honors) and C.P.A. certification as an undergraduate. He clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit, and he practiced in the bankruptcy and corporate reorganization group with the law firm Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio. Professor Brubaker was a member of the faculty at the Emory University School of Law in Atlanta, Georgia from 1995 until 2004, when he returned to his alma mater.
Professor Brubaker is the Editor-in-Chief and a contributing author for West’s Bankruptcy Law Letter, he is co-author of a bankruptcy casebook, and he has written dozens of journal articles and essays. He is particularly expert in the complex jurisdictional and procedural facets of federal bankruptcy proceedings. Professor Brubaker has been an editorial advisor for the American Bankruptcy Law Journal, the American Bankruptcy Institute Law Review, and the Emory Bankruptcy Developments Journal. He is a member of the American Law Institute, a Conferee of the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy, for which he has been the Scholar-in-Residence.
Professor Brubaker has served on the executive committee of the board of directors of the American Bankruptcy Institute (ABI), and he was a member of the advisory committee on business enterprise sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
February 7, 2024
The Commercial Law League of America Announces the Recipient of the 2024 President’s Cup.
Rolling Meadows, IL, February 7, 2024 –
Honorable (Ret.) Judith K. Fitzgerald will receive the Commercial Law League of America (CLLA) President’s Cup Award at its 130th National Convention on May 17th in Chicago, Illinois at the Annual Awards brunch. This award, along with the CLLA Lawrence P. King Award which she received in 2011, is a testament to her contributions to the field of commercial law and to the CLLA which she joined 35 years ago. Judge Fitzgerald is revered in the area of bankruptcy law, with over 25 years of experience as a bankruptcy judge.
The President’s Cup was first presented to the CLLA in 1964 by the American Lawyers Quarterly and is awarded to the CLLA member who rendered outstanding service for the benefit of the CLLA, made a substantial contribution to the improvement of the standards and practice of commercial law, and elevated the image of the CLLA through excellence and personal and professional conduct.
About Honorable (Ret.) Judith Fitzgerald
Judge Fitzgerald is a retired United States Bankruptcy Judge who served in the Western District of Pennsylvania from 1987 to 2013. She also sat by designation in the District of Delaware, the Eastern District of Pennsylvania, and the U.S. Virgin Islands.
Judge Fitzgerald has extensive experience in mediation and arbitration. She is a member of FedArb, an association of former federal judges who provide mediation and arbitration services. She has mediated and arbitrated a wide variety of cases, including complex commercial disputes, bankruptcy matters, and personal injury cases. She is a highly respected mediator with a proven track record of success. She is known for her ability to bring parties together and help them reach mutually agreeable solutions. She is also known for her fairness and impartiality. Judge Fitzgerald has extensive experience in mass tort bankruptcy cases and dealing with plans and trusts that resolve those difficult issues. She is frequently retained as a consultant, expert witness and lecturer in matters involving mass torts, trial strategy, evidence, procedure, contracts, bankruptcy, and professional responsibility. She participates on several committees and boards dedicated to fostering legal education and improving access to justice.
2022
2021
2020
ARCHIVAL
Press Releases
2023
October 5, 2023
Commercial Law League of America and the Venue Reform Group Files Amicus Brief in Purdue Pharma Supreme Court Bankruptcy Appeal, Advocating for Venue Reform
Rolling Meadows, IL, October 5, 2023 – Throughout its 129 years of existence, the Commercial Law League of America (CLLA) has consistently promoted and supported the fair, equitable, and efficient administration of collection and bankruptcy laws for all parties-in-interest, which includes advocating for bankruptcy venue reform. On September 27, 2023, the CLLA, along with the National Bankruptcy Venue Reform Committee, filed an Amicus Brief with the Supreme Court of the United States in the appeal of the Purdue Pharma case in which the 2nd Circuit Court of Appeals upheld the use of non-consensual third-party releases. Although the CLLA did not take a position with regard to the main issue for the Supreme Court to determine, which is whether non-consensual third-party releases can be approved as part of a Chapter 11 plan of reorganization, the CLLA advocated for venue reform, noting how the Purdue case itself had been shopped and the systemic dangers of forum shopping in Chapter 11 bankruptcy cases.
The CLLA noted that H.R. 1017, presently pending in the House of Representatives, would require that companies file for bankruptcy in the jurisdiction where their principal place of business or principal assets are located. In supporting that bill, the CLLA noted in the Amicus Brief that “While the issue before the Court is not about venue shopping, it is part of the fabric of how this case came to be before the Court. The Court should ensure that its ruling on the issue before the Court—nonconsensual third-party releases—does not further exacerbate the deleterious use of venue shopping in bankruptcy cases”. The Amicus Brief can be found here: DOWNLOAD PDF
March 13, 2023
Tucker, Albin & Associates Joins the Elite Group of CLLA Certified Agencies
Rolling Meadows, IL, March 13, 2023 –The Commercial Law League of America (CLLA) is pleased to announce the addition of Tucker, Albin & Associates, Richardson, TX, to the list of esteemed certified agencies. As required of the Certified Agencies, Tucker, Albin & Associates adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices, and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
“On behalf of Tucker, Albin and our staff, we are honored to be partnered with such esteemed organizations as the IACC, CLLA and fellow members, and value this certification bestowed on us,” said Jason Wetenhall, Vice President of Sales for Tucker, Albin. He continued, “We look forward to not only learning from the other members but to help share some of the experiences we have learned over the years to help bring success to the other members as well. By aligning ourselves with the IACC and CLLA, it will open opportunities to our staff to expand their reach in our industry.”
CLLA confirms Tucker, Albin & Associates is in compliance with all relevant federal and state laws and regulations governing the collection of debts and in all jurisdictional registration and licensing requirements. They have passed an audit conducted by an independent third-party auditing firm. The CLLA Certification, endorsed by the International Association of Commercial Collectors (IACC), has set the standard of agency certification in the credit industry since 1975.
To find a CLLA Certified Collection Agency near you, visit https://clla.org/list-of-certified-agencies/
March 7, 2023
CLLA and IACC Renew Their Commitment to the Premier Commercial Agency Certification Program
Rolling Meadows, IL, March 7, 2023 –In the fall of 2014, the International Association of Commercial Collectors (IACC) joined into a strategic alliance with the Commercial Law League of America (CLLA) to develop and promote a single agency certification program. The organizations recognized participation in multiple programs put an undue burden on members and as such, they developed one unified program administered by CLLA and endorsed by IACC, drawing from the strength of both organizations’ long-standing individual certification programs. Recently, both organizations renewed their commitment to the program and to each other by signing an evergreen Agreement approved by both the CLLA Board of Governors and IACC Boards of Directors. The new Agreement also incorporates a new set of Continuing Education Unit (CEU) standards. Each agency must accumulate (10) ten hours of Continuing Education Units (CEUs) per calendar year in order to recertify.
CLLA prides itself on the strength of the initial and annual qualification audit process, handled by an independent, unbiased third-party auditor. CliftonLarsonAllen (CLA) has been secured as the auditor for the certification program. CLA is a professional services network and the tenth-largest accountancy firm in the United States. With decades of experience, CLA knows collection agencies, having served as the auditor of the ACA and IACC commercial collection agency certification programs prior to the Agreement with CLLA, and has been working with CLLA since 2019.
February 15, 2023
Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO) Re-Introduce H.R. 1017, the Bankruptcy Venue Reform Act
Rolling Meadows, IL, February 15, 2023 – Today, Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO), re-introduced H.R. 1017, the Bankruptcy Venue Reform Act, a bill to reform the venue provisions of the U.S. Bankruptcy Code.
This bipartisan legislation seeks to add a common-sense requirement to the Bankruptcy Code: that companies who file Chapter 11 bankruptcy do so where their principal place of business is located, or where they have their principal assets. Currently, companies are allowed to flee their communities, employees, and local creditors to reorganize in another state or jurisdiction, typically unrelated to their operations. The sponsors of the bill remarked:
“Rep. Buck and I are reintroducing this commonsense legislation because we know that it is simply unfair that corporations can game the bankruptcy system by choosing a distant court where there is a cottage industry to advantage their interests,” said Rep. Lofgren. “Justice is best served when corporate bankruptcies are adjudicated locally, with convenient court access for employees, retirees, and local creditors, as well as a judge who knows the affected community.”
“Under current U.S. law, corporations filing Chapter 11 bankruptcy have the ability to “venue shop” and potentially choose a court that has issued lenient rulings in similar cases. Our bill will require corporations filing Chapter 11 bankruptcy to go through those proceedings in the forum they are primarily located rather than running off to a court across the country. This will eliminate companies’ ability to tilt the scale of justice and ensure the case is heard in a court familiar with all the affected stakeholders,” said Rep. Buck.
2022
September 14, 2022
Commercial Law League of America Announces Additional Certified Agency
Rolling Meadows, IL, September 14, 2022 – The Commercial Law League of America (CLLA) is pleased to announce the addition of Enterprise Recovery, LLC, West Chester, PA, to the esteemed and growing list of Certified Agencies. As required of the Certified Agencies, Enterprise Recovery adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Raymond Stein, Senior Vice President of Operations for Enterprise Recovery commented, “Enterprise Recovery, LLC, a commercial collection agency, is pleased to announce its achievement of CLLA Certified Agency designation. Our focus on compliance, professional development, and proprietary technologies delivers exceptional results to our clients. This successful business model has led to a well-deserved recognition with our newly awarded membership. The Enterprise Recovery team looks forward to continued growth and success alongside our other esteemed CLLA members.”
June 23, 2022
President Signs Bankruptcy Legislation Increasing Eligibility Limits for Subchapter V
and Chapter 13
Rolling Meadows, IL – June 23, 2022 –On June 21, 2022, President Biden signed into law Senate Bill 3823, the “Bankruptcy Threshold Adjustment and Technical Corrections Act” (the “Act”).
The Act reinstates the threshold debt limit of $7.5 million for Subchapter V of Chapter 11, retroactive to the original expiration date of March 28, 2022 for an additional two-year period. The Act also increases the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million, and removes the distinction between secured and unsecured debt for that calculation.
The Act serves to modify the debt limit qualifications for the Small Business Reorganization Act, or “SBRA,” which addressed significant deficiencies and gaps in the Bankruptcy Code for small business debtors. The increased debt limit will ensure that small businesses are able to take advantage of restructuring under Subchapter V without having to endure or possibly be prohibited from filing a more costly, time and resource consuming Chapter 11 case. Since its enactment in February 2020, over 3,450 small businesses and individuals engaged in business have taken advantage of filing for bankruptcy under the provisions of the SBRA.1
According to a report from the U.S. Small Business Administration2, small businesses create two-thirds of net new jobs and drive U.S. innovation and competitiveness. That SBA report indicates that small businesses account for 44% of U.S. economic activity, and are at the forefront of driving innovation, jobs and economic growth in the U.S. Enactment of this legislation will provide these small businesses with the tools necessary to reorganize should their businesses encounter financial distress in this increasingly uncertain economic environment.
The Act’s increased debt limitation for Chapter 13 cases is also a long awaited change. Many individuals with disposable monthly income seeking bankruptcy relief have found themselves ineligible under Chapter 7 and over the debt limit to file under Chapter 13. Now that the President has signed the Act into law, the current Chapter 13 eligibility limits have been raised from $419,275 of noncontingent, liquidated and unsecured debt or $1,257,850 of noncontingent, liquidated and secured debt to $2.75 million of noncontingent and liquidated debts, regardless of whether the debt is secured or unsecured. This will enable many more individuals to file under Chapter 13 and confirm plans which will pay creditors a portion, or in some cases 100%, of the debtors’ obligations to such creditors.
While passage of the Act is welcomed news to the Commercial Law League of America and the small business community, further action is needed to assist this most important segment of the U.S. economy. The SBRA enhanced debt limit provisions of the Act will sunset two years after enactment, again restricting small businesses access to the SBRA.
The CLLA has been a vocal advocate of both the SBRA and the Act, and will continue to work hard to make permanent and/or expand these enhanced debt limitations in future legislation.
[1] According to statistics maintained by the American Bankruptcy Institute https://www.abi.org/sbra
June 15, 2022
Important News for America’s Small Business Community
Rolling Meadows, IL – June 15, 2022 – Throughout its 127 years of existence, the Commercial Law League of America has consistently promoted and supported the fair, equitable, and efficient administration of collection and bankruptcy laws for all parties-in-interest. On April 7, 2022, the Senate passed amended S. 3823, the “Bankruptcy Threshold Adjustment and Technical Corrections Act” (the “Act”) and on June 8, 2022, the Act was passed by the House. It is now on its way to the President for signature.
The Act reinstates the threshold debt limit of $7.5 million for Subchapter V of Chapter 11, retroactive to the original expiration date of March 28, 2022. The Act also increases the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million and removes the distinction between secured and unsecured debt for that calculation.
The Act serves to modify the debt limit qualifications for the Small Business Reorganization Act, or “SBRA,” which addressed significant deficiencies and gaps in the bankruptcy code for small business debtors. The increased debt limit will ensure that small businesses are able to take advantage of restructuring under Subchapter V without having to endure or possibly be prohibited from filing a more costly, time and resource consuming Chapter 11 case. Since its enactment in February 2020, over 3,450 small businesses and individuals engaged in business have taken advantage of filing for bankruptcy under the provisions of the SBRA1
According to a report from the U.S. Small Business Administration2, small businesses create two-thirds of net new jobs and drive U.S. innovation and competitiveness. That SBA report indicates that small businesses account for 44% of U.S. economic activity, and are at the forefront of driving innovation, jobs and economic growth in the U.S. Enactment of this legislation will provide these small businesses with the tools to reorganize in an increasingly uncertain economic environment.
The increased debt limitation for Chapter 13 cases is also a long-awaited change. Many individuals with disposable monthly income seeking bankruptcy relief find themselves ineligible under Chapter 7 and over the debt limit to file under Chapter 13. If signed by the President, the Act will raise the current Chapter 13 eligibility limits from $419,275 of noncontingent, liquidated and unsecured debt or $1,257,850 of noncontingent, liquidated and secured debt to $2.75 million of noncontingent and liquidated debts, regardless of whether the debt is secured or unsecured. This will enable many more individuals to confirm Chapter 13 plans which pay creditors a portion, or in some cases 100%, of the debtors’ obligations to such creditors.
While passage of the Act is welcomed news to the Commercial Law League of America and the small business community, further action is needed to assist this most important segment of the U.S. economy. The SBRA enhanced debt limit provisions of the Act will sunset two years after enactment, again restricting small business access to the SBRA.
The CLLA has been a vocal advocate of both the SBRA and the Act, and will continue to work hard to make permanent and/or expand these enhanced debt limitations in future legislation.
1 According to statistics maintained by the American Bankruptcy Institute https://www.abi.org/sbra
June 6, 2022
Commercial Law League of America Announces 2022 Lawrence P. King Award Recipient
Rolling Meadows, IL, June 6, 2022 – The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to announce that they will present the Lawrence P. King Award to Bruce A. Markell at the National Conference of Bankruptcy Judges (NCBJ) in Orlando, FL on October 20, 2022.
The CLLA events at NCBJ will take place on October 20, 2022. For more information, please visit https://clla.org/events/.
The King Award: Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher, or legislator who exemplifies the best in scholarship, advocacy, judicial administration, or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.
April 18, 2022
Great News! – Small Business and Chapter 13 Measures are Progressing
Rolling Meadows, IL, April 18, 2022 – On April 7, 2022, the Senate passed the amended S. 3823, the “Bankruptcy Threshold Adjustment and Technical Corrections Act”. The Commercial Law League of America (CLLA) supported the original version of this legislation and believes that this proposed legislation will continue to allow greater access to the Small Business Debtor Reorganization provisions of the Bankruptcy Code. The House of Representatives will next consider this proposed legislation.
The proposed legislation will raise the debt limit for the Small Business Reorganization Act back to $7.5 million and also increase the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million and remove the distinction between secured and unsecured debt for that calculation. As amended, these provisions of the legislation will sunset two years after enactment. Together, these amendments to the Bankruptcy Code will help promote small businesses to get back on track to build, innovate and grow the economy. The CLLA will continue to advocate to make these amendments permanent in future legislation.
March 30, 2022
Commercial Law League of America Announces Additional Certified Agency
Rolling Meadows, IL, March 30, 2022 –The Commercial Law League of America (CLLA) is pleased to welcome RHK Recovery Group of Plainview, NY to the esteemed group of CLLA Certified Agencies. RHK Recovery Group has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Richard Klein, President and CEO of RHK Recovery Group, commented on their recent certification, “RHK Recovery Group is excited to join the elite group of agencies that have completed the CLLA audit and certification process. We look forward to continuing our growth while providing the highest standards possible to our clients.”
“The Certified Agency program is enjoying a period of growth and the addition of RHK Recovery Group is another testament to the value of the program,” stated Phil Lattanzio, Executive Vice President of CLLA. “We welcome RHK Recovery Group as the newest member of this esteemed group and look forward to working with them to promote their agency.”
March 21, 2022
The Commercial Law League of America Fully Endorses Making Subchapter V Permanent and Increasing the Debt Limits of Chapter 13 Cases
Rolling Meadows, IL, March 21, 2022 – On March 14, 2022, Sen. Charles Grassley (R-IA) introduced bipartisan legislation, which would make permanent the $7.5 million debt limit for the Small Business Reorganization Act, raise the debt limit for Chapter 13 bankruptcy eligibility to $2.75 million, and remove the distinction between secured and unsecured debt for that calculation. The legislation, which is co-sponsored by Senate Judiciary Chair Richard Durbin (D-IL) and Sens. Sheldon Whitehouse (D-RI) and John Cornyn (R-TX), is the “Bankruptcy Threshold Adjustment and Technical Corrections Act” (S. 3823). The Commercial Law League of America wholeheartedly supports this proposed legislation.
The proposed legislation would continue to allow greater access to the Small Business Debtor Reorganization provisions of the Bankruptcy Code, known as Subchapter V, allowing small businesses and individuals engaged in business a greater opportunity to successfully reorganize, pay creditors’ claims and save jobs. Additionally, by increasing the debt limit for Chapter 13 bankruptcy eligibility, S. 3823 would expand the options available to individuals who wish to more quickly reorganize their debts without the need of filing a more complicated individual Chapter 11 case. Together, these amendments to the Bankruptcy Code will help promote small businesses to get back on track to build, innovate and grow the economy.
March 15, 2022
Comment of the Commercial Law League of America Submitted to the United States House of Representatives in Opposition to H.R. 6814
The CLLA opposes this bill.
2021
December 21, 2021
Commercial Law League of America Announces Additional Certified Agency:
Debt Recovery & Administrative Services Ltd.
Rolling Meadows, IL, December 21, 2021 – The Commercial Law League of America (CLLA) is pleased to welcome Debt Recovery & Administrative Services Ltd., Chaguanas, Republic of Trinidad & Tobago, West Indies to the esteemed group of CLLA Certified Agencies. Debt Recovery & Administrative Services Ltd. has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
October 15, 2021
UPDATE Bill H.R. 5554
On October 12, 2021 Bill H.R. 5554 was introduced to the House.
Official Title: To amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals employed by the debtor and insiders of the debtor to perform services during the bankruptcy case, and for other purposes.
Sponsored by Rep. Cheri Bustos (D-IL-17)
Co-sponsored by Rep. Tim Burchett (R-TN-2
September 24, 2021
Press Release From warren.senate.gov
Warren, Cornyn Introduce Bill to Prevent Large Corporations From ‘Forum-Shopping’ in Bankruptcy Cases
Senators Call Out Corporations’ Attempts To Dodge Accountability by Filing Bankruptcy Cases with Favorable Judges
Washington, D.C. — United States Senators Elizabeth Warren (D-Mass.) and John Cornyn (R-Texas) today introduced the Bankruptcy Venue Reform Act of 2021 which would require large corporations and wealthy individuals to file for bankruptcy in their home states or where significant assets are located. In the last 20 years, more than 70% of public companies with at least $100 million in assets filed for bankruptcy in a district outside of the one closest to their headquarters. The legislation would prevent corporations from “shopping” for favorable bankruptcy judges and ensure that small businesses, employees, retirees, creditors, and other stakeholders can fully participate in cases that will have tremendous impacts on their lives. READ MORE
July 13, 2021
Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO) Introduce H.R. 4193, the Bankruptcy Venue Reform Act
Rolling Meadows, IL, July 13, 2021 – Recently, Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO), introduced H.R. 4193, the Bankruptcy Venue Reform Act, to reform the venue provisions of the U.S. Bankruptcy Code.
This bipartisan legislation seeks to insert a common-sense requirement into the Bankruptcy Code that companies which elect to file Chapter 11 bankruptcy do so where their principal place of business is located, or where they have their principal assets. Currently, companies are allowed to flee their communities, employees, and local creditors to reorganize in another state or jurisdiction that might be more sympathetic to their interests. Retired Bankruptcy Judge Steven Rhodes (Bankr. E. D. Michigan) commented in the Wall Street Journal (2015) that the current venue law is “the single most significant source of injustice in chapter 11 bankruptcy cases.”
“Under current U.S. law, corporations filing Chapter 11 bankruptcy have the ability to ‘venue shop’ and potentially choose a court that has issued lenient rulings in similar cases. Our bill will require corporations filing Chapter 11 bankruptcy to go through those proceedings in the forum they are primarily located rather than running off to a court across the country. This will eliminate companies’ ability to tilt the scale of justice and ensure the case is heard in a court familiar with all the affected stakeholders,” said Rep. Buck.
The interests of local economies, creditors, employees, and retirees are often ignored when a corporation flees to initiate a proceeding in a remote state. Allowing troubled companies to file in other jurisdictions far from home to achieve desired outcomes directly threatens the integrity of the bankruptcy system by eroding public confidence and calling into question the fairness of a system that can be so easily manipulated.
“The outcome of a Chapter 11 bankruptcy proceeding can have a profound impact on the local community where a corporation is based. It is simply unfair that corporations can game the bankruptcy system by choosing a distant court where there is a cottage industry to advantage their interests. Justice is best served when corporate bankruptcies are adjudicated locally, with convenient court access for employees, retirees, and local creditors and a judge who knows the affected community,” said Rep. Lofgren.
“The introduction of a bankruptcy venue reform bill for the third consecutive legislative session reflects the increasing momentum for passage of this valuable bill,” said Christopher Young, President of the Commercial Law League. “Last session’s House bill garnered the most co-sponsors ever, along with support from the National Association of Attorneys’ General and 163 current and former bankruptcy judges. Long overdue, venue reform will level the playing field for American business in debt collection and bankruptcy enforcement actions. Small business and entrepreneurs, the life blood of the American economy, will no longer be subject to the gamesmanship of forum shopping and the burden of foreign litigation. The League is proud to champion this bill.”
Amending the bankruptcy venue statute has been endorsed by several bar associations from around the country, state legislatures, law school professors, the Iowa Bankers Association, the National Association of Credit Management, the Texas Hotel & Lodging Association, the National Association of Attorneys’ General, and the United Mine Workers of America.
June 16, 2021
Commercial Law League of America Announces Additional Certified Agency:
Alternative Collections, LLC dba: Asset Compliant Solutions (ACS)
Rolling Meadows, IL, June 16, 2021 – The Commercial Law League of America (CLLA) is pleased to welcome Alternative Collections, LLC dba: Asset Compliant Solutions (ACS), Buffalo, NY to the esteemed group of CLLA Certified Agencies. ACS has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Brian Noble, President and CEO of ACS commented on their recent certification, “As a company that continually strives and evolves to be better than we were yesterday, to best serve our customer base our focus will always be on compliance, technology, and professional development. Recognizing what we don’t know, partnering with people who can provide the necessary knowledge and tools is important, such as The CLLA’s Agency Certification Program. We are proud to announce that ACS and its Employee Associates have completed the necessary steps to become a CLLA Certified Agency. This is a credential for our resume, and a signal to our clients, competitors and employees that we set high standards for the delivery of our service suite.”
To find a CLLA Certified Collection Agency near you, visit https://www.clla.org/list-of-certified-agencies/.
March 25, 2021
Commercial Law League of America Announces Additional Certified Agency:
Recovery Management Solutions LLC
Rolling Meadows, IL, March 25, 2021 –The Commercial Law League of America (CLLA) is pleased to welcome Recovery Management Solutions LLC, Cheektowaga, NY to the esteemed group of CLLA certified agencies. Recovery Management Solutions LLC has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
Additionally, Recovery Management Solutions LLC has passed an audit conducted by an independent third-party auditing firm. CLLA confirms their compliance with all relevant federal and state laws and regulations governing the collection of debts and in all jurisdictional registration and licensing requirements. The CLLA Certification, endorsed by the International Association of Commercial Collectors (IACC), has set the standard of agency certification in the credit industry since 1975.
To find a CLLA Certified Collection Agency near you, visit https://www.clla.org/list-of-certified-agencies/.
March 25, 2021
Commercial Law League of America Announces 2021 Lawrence P. King Award Recipient
Rolling Meadows, IL, March 25, 2021 – The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to announce that they will present the Lawrence P. King Award to the Honorable Laura Taylor Swain at the National Conference of Bankruptcy Judges (NCBJ) in Indianapolis, IN on October 7, 2021.
For more information on CLLA’s events taking place during NCBJ, please visit the Events page on www.CLLA.org.
The King Award: Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher or legislator who exemplifies the best in scholarship, advocacy, judicial administration or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.
This year’s recipient — Honorable Laura Taylor Swain — graduated from Hunter College High School in New York City in 1975; and earned her B.A. degree in government from Harvard-Radcliffe College in 1979; and her J.D. degree from Harvard Law School in 1982. READ MORE
March 12, 2021
Biden Signs Third Stimulus Into Law
Rolling Meadows, IL, March 12, 2021 – The U.S. passed a third COVID-19 relief bill, the “American Rescue Plan Act”, on March 11, 2021. The $1.9 trillion package includes $1,400 stimulus checks for qualifying households, unemployment benefits, and expanded the Paycheck Protection Program.
The legislation does not include a $15 federal minimum wage, and there are several things other things it does NOT include! There is no commercial debt amendment to the FDCPA, no blanket debt collection prohibition, no blanket medical debt prohibition, and no blanket student loan cancellation. READ MORE
March 11, 2021
The CLLA Supports Extension of the $7,500,000 Subchapter V Debt Limit
Rolling Meadows, Illinois, March 11, 2021 – Throughout its 126 years of existence, the Commercial Law League of America has consistently promoted and supported the fair, equitable, and efficient administration of collection and bankruptcy laws for all parties-in-interest. The Bankruptcy Code was recently amended to include a new subchapter of chapter 11, through the Small Business Reorganization Act (“SBRA”), referred to as Subchapter V. The SBRA, which became effective on February 19, 2020, provides small businesses with a more streamline process of proposing and confirming a plan of reorganization, as opposed to the more complex and expensive traditional chapter 11 process. Under the original SBRA, Small Business Debtors with less than $2,725,625 of debt were eligible to file under Subchapter V, however, in response to economic circumstances caused by COVID-19, under the CARES Act enacted on March 27, 2020, the debt limit was increased to $7,500,000 for a period of one year, which will sunset on March 27, 2021. DOWNLOAD PDF
2020
November 19, 2020
Commercial Law League of America Announces Additional Certified Agency:
Williams & Williams, Inc.
Rolling Meadows, IL, November 19, 2020 – The Commercial Law League of America (CLLA) is pleased to welcome Williams & Williams Inc., Louisville, KY to the esteemed group of CLLA certified agencies. Williams & Williams Inc. has demonstrated that the agency adheres to relevant regulations in the collection of commercial debt, uses generally accepted accounting practices and follows standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
“Williams & Williams, Inc. is proud to have passed the rigorous demands of the CLLA certified agency program. CLLA is a leader in the credit networking field, which we have long realized as a CLLA agency member for over 30 years. The prestigious Certified Agency designation is a substantial tool that separates Williams & Williams, Inc. from competitor, non-certified agencies. We look forward to continue serving credit granting professionals and through our mutual partnership with CLLA attorneys,” stated Tony Williams, Vice President.
DOWNLOAD PDF
August 21, 2020
Commercial Law League of America Takes Strong Approach Against Federal Legislation Prohibiting Debt Collections
Rolling Meadows, IL, August 21, 2020 – Continuing the long history of the Commercial Law League of America’s advocacy for the credit and business community, and continuing the decades-long engagement of Webster, Chamberlain & Bean, LLP as our lobbyist, the CLLA has taken a strong approach against federal legislation (such as Senate Bill 3565) that would seek to outright prohibit debt collection, suspend existing lawsuits, as well as amend the Fair Debt Collection Practices Act, to include original creditors and commercial transactions. We staunchly believe that such legislation has a myriad of unintended consequences that would cripple any economic recovery efforts.To that end, the CLLA wishes to thank the International Association of Commercial Collectors and the Commercial Collection Agencies of America, and their contributions to our unified cause against this kind of bad legislation. DOWNLOAD PDF
July 27, 2020
Commercial Law League of America Announces Two Additional Certified Agencies
Rolling Meadows, IL, July 27, 2020 – The Commercial Law League of America (CLLA) is pleased to welcome into the esteemed group of Certified Agencies, NACM Southwest and Northern California Collection Service, Inc. These organizations demonstrate that their agency adheres to relevant regulations in the collection of commercial debt, use generally accepted accounting practices and follow standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal.
All CLLA Certified Agencies including NACM Southwest and Northern California Collection Service, Inc. have passed an audit conducted by an independent third-party auditing firm. CLLA confirms their compliance with all relevant federal and state laws and regulations governing the collection of debts and in all jurisdictional registration and licensing requirements. The CLLA Certification, endorsed by the International Association of Commercial Collectors (IACC), has set the standard of agency certification in the credit industry since 1975. DOWNLOAD PDF
To find a CLLA Certified Collection Agency near you, visit https://clla.org/list-of-certified-agencies/.
April 10, 2020
Collection Industry Organizations Support Protecting Stimulus Payments from Garnishment
Three collection industry organizations, the Commercial Law League of America, International Association of Commercial Collectors, and the Commercial Collection Agencies of America, all support any action to protect the Coronavirus Aid, Relief, and Economic Security (CARES) Act (“CARES Act”) stimulus payments to individuals from garnishment. Leadership of all three organizations recognize the extent of the economic crisis and the impact the pandemic has had on our whole economy, but most particularly on small businesses and individual consumers. While many of our members and clients are small business owners who have been significantly impacted by the economic crisis, we agree that the CARES Act stimulus payments should be used by individuals for basic living expenses. We join the recommendation that any stimulus payment paid to an individual under the CARES Act be deemed as exempt from execution, and recommend that the Treasury Department code the individual’s stimulus payment as a federal benefit to ensure it is protected. READ MORE
March 30, 2020
Federal Government Resources for CLLA Members
If your state has received the necessary disaster designation, SBA’s Economic Injury Disaster Loan Program can provide low interest loans in this difficult time. A streamlined application process is now available at https://covid19relief.sba.gov/#
Information on administration and processing for the expanded SBA 7(a) loan program which is part of the CARES Act, which passed on Friday, March 27, 2020, is not yet available. Those loans are to be processed by approved SBA lenders. Your current bank or lender is the best current source for this information, as it becomes available. CLLA Board of Governors member Ted Hamilton, Esq. has published a summary of the CARES Act which may be of assistance in digesting the voluminous law.
Linked below, state specific programs may be available, including state disaster assistance available in:
Brief Summary of the Small Business Sections of the Coronavirus Aid, Relief, and Economic Security Act or the (“CARES Act”) enacted on March 27, 2020.
By: Theodore J. Hamilton, Esq., CLLA Attorney Board Member
This is a brief summary of the Small Business Sections of the third COVID-19 Act (H.R. 748) signed into law by President Trump on March 27, 2020 (herein “The Act” or “Act”). This Act distributes over $2 trillion of federal support to the U.S. Economy. The Act provides specific benefits to Businesses under 500 employees. These benefits include loans with low interest and with forgiveness provisions, tax credits for those that keep their employees working, and unemployment benefits for those laid off. In addition, tax credits are available to individuals. READ MORE
March 28, 2020
Massachusetts Bans Consumer Debt Collection for 90 Days
On March 27, 2020, the Attorney General of Massachusetts announced an enacted emergency regulation making consumer debt collection unfair and deceptive under the State’s Consumer Protection Act. The regulation is effective until the earlier of ninety (90) days or the end of the state of emergency declared by the Governor of Massachusetts. The State’s existing debt collection regulations and other applicable laws remain in effect.
March 27, 2020
Senate Passes Coronavirus Stimulus Bill: New Bankruptcy Amendments
Rolling Meadows, IL – March 27, 2020 – Early on the morning of March 27th, the Senate passed the CARES Act. The bill goes to the House of Representatives where it is expected to pass by unanimous consent. The President is expected to sign the bill.
The bill has some key provisions dealing with bankruptcy, which include the following:
First, the newly enacted Small Business Reorganization Act of 2019 (Chapter 13 for small business) will see an increase in the eligibility threshold from $2,725,625 to $7,500,000.
Second, the definition of ‘income” in the Bankruptcy Code for Chapter 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of filing bankruptcy. This provision affects the means test calculation.
Third, “disposable Income” for purposes of confirming a Chapter 13 plan shall not include coronavirus related payments.
Fourth, Chapter 13 debtors may seek plan payment modifications, if they are experiencing a material financial hardship due to the coronavirus pandemic, including extending their payments for up to seven years after their initial plan payment was due.
These provisions will sunset in one year.
Finally, there would be a six month repayment holiday with respect to student loans.
There are also discussions on Capitol Hill that the next phase of COVID19 relief may including expanding the dollar limits for Chapter 13 eligibility. The League is also watching to see if dischargeability of Student loans, an increase in Trustee Commissions and the elimination of credit counseling may work its way into future legislation.
March 27, 2020
CLLA Legal Update: Coronavirus Response Act
Rolling Meadows, IL – March 27, 2020 – Effect of Families First Coronavirus Response Act (FFCRA)H.R. 6201. The United States Congress and the President passed the second coronavirus response act in mid-March of 2020. It passed as House Resolution 6201. (Herein “The Act”) The Act became law on March 18, 2020 amid the Coronavirus outbreak in the U.S. This Act poses dramatic changes to small businesses and sole proprietorships throughout the Country including law firms and collection agencies. It goes into effect on April 3, 2020. Almost all Small Businesses in the U.S. will feel the effects of this law over the next few months.
This Article will provide a brief overview of the Act. It is not intended to be relied upon for a complete analysis of specific applications of the Act in all circumstances. Part of this Act included the Emergency Family and Medical Leave Expansion Act. This EFMLEA Act extends family and medical leave during the a Public Health Emergency to all employers who employ under 500 employees. The current threshold for family and medical leave is any business over 50 employees. As a result, all small businesses and sole proprietorships must now give Family and Medical Leave of up to 12 weeks for Coronavirus related causes. These causes include the following:
- Subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- Advised by a health care provider to self-quarantine related to COVID-19;
- Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- Is caring for an individual subject to a quarantine order or in self-quarantine;
- Is caring for a child whose school or place of care is closed for reasons related to COVID-19;
- Or is experiencing any other substantially-similar condition specified by the Secretary of HHS.
Duration of Leave:
For reasons (1)-(4) and (6) a Full-time employee is eligible for up to 80 hours of leave, and a part-time employee is eligible the number of hours of leave that the employee works on average over a two-week period.
For reason (5): A Full-time employee is eligible for up to 12 weeks of leave at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.
CALCULATION OF PAY
For Leave reasons (1),(2), or (3): employees taking leave shall be paid at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
For leave reason (4) or (6); employees taking leave shall be paid at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
For leave reason (5); employees taking leave shall be paid at 2/3 their regular pay or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period- two weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave). The first 10 days of leave are unpaid. After 10 days the Employer “shall provide paid leave for each day of leave taken after the 10 day unpaid period. The employee may then take 12 weeks of paid leave at 2/3 of the regular rate of pay not to exceed 200 per day or 10k in the aggregate.
GETTING IT BACK
The Employer receives a Tax credit against payroll taxes for each calendar quarter up to an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter. Should the payroll tax amount paid the employer on a quarterly basis not be sufficient to cover the amount paid under the act, the Employer treats the amounts paid as not covered by payroll taxes as a credit against estimated income taxes on taxes. Of course, this does not deal with the fact that there may be extensive losses due to the Virus outbreak. This entire provision sunsets on December 31, 2020.
February 21, 2020
Commercial Law League of America Advocates For Passage of The Bankruptcy Venue Reform Act of 2019 (H.R. 4421)
Rolling Meadows, IL – February 21, 2020 –On February 20, 2020, the National Association of Attorneys’ General (NAAG) announced its official support for passage of The Bankruptcy Venue Reform Act of 2019, pending in Congress as H.R. 4421. https://www.congress.gov/bill/116th-congress/house-bill/4421
Forty-Two (42) attorneys’ general signed a letter asking Congress to pass H.R. 4421 because:
“As state attorneys general, we are charged with guarding our states’ financial interests, enforcing consumer protection laws, protecting our citizens from environmental contamination, and combating wrongdoing in whatever form it takes. These duties are difficult enough to carry out when corporations file bankruptcy and claim to be financially unable to comply with their legal obligations. The difficulties are multiplied when bankruptcy law allows those debtors to seek relief in distant jurisdictions where the debtors have found rulings that are friendlier to their interests than to those of persons and agencies located far away who will have difficulty affording to appear and be heard.”
The NAAG’s press release and the letter from the 42 state attorneys’ general are available here: https://www.naag.org/naag/media/naag-news/attorneys-general-support-bankruptcy-venue-reform-act-of-2019.php; https://www.naag.org/assets/redesign/files/sign-on-letter/NAAG%20Support%20Letter%20-%20HR%204421.pdf.
The Commercial Law League of America has consistently advocated for bankruptcy venue reform and is the nation’s leading organization on this issue. On February 24, 2020, the CLLA and its members will be in DC on the Hill advocating for Congress to pass H.R. 4421. They will also be seeking corrective changes to recently enacted Small Business Bill (28 USC Section 1409(b)) relating to the jurisdictional provision for preferences, and opening discussions on discharging student loans utilizing the CLLA’s proposal to amend the statute to define hardship using the criteria from other statutes. To learn more about the CLLA’s 7th Annual Capitol Hill Day, please see here https://clla.org/wp-content/uploads/2020/2020HillDay/2020-Hill-Day-Web.pdf.
Join the CLLA by becoming a member here: https://clla.org/become-a-clla-member/.
February 20, 2020
Commercial Law League of America Announces 2020 President’s Cup Recipient
Rolling Meadows, IL – February 20, 2020 – The Commercial Law League of America, has named B. Emory Potter, Partner, Hays, Potter & Martin, LLP, as the 2020 President’s Cup award recipient. Emory Potter is a construction, commercial and civil litigation attorney with extensive trial experience.
His specialties include material man’s lien practice, bond work related to construction, creditors’ rights, and commercial collections, handling a large volume of litigation from initiation of suit through post-judgment collection. He has worked on all aspects of lien law, state bond claims, and Miller Act claims. Since 2009, Mr. Potter has acted as a Special Master for the Superior Court of Fulton County where he is asked to assist the Court with property disputes, quiet title actions, and other matters that the Court deems warrant special attention. READ MORE
January 29, 2020
Commercial Law League of America Announces Three Additional Certified Agencies
Rolling Meadows, IL – January 29, 2020 –The Commercial Law League of America (CLLA) is pleased to welcome into the esteemed group of Certified Agencies, Convergent Commercial Inc., White Plains, NY; Greenberg, Grant & Richards, Inc., Houston, TX; and Windham Professionals, Inc., Salem, NH. These organizations demonstrate that their agency adheres to relevant regulations in the collection of commercial debt, use generally accepted accounting practices and follow standards to protect and safeguard their clients’ funds. They join other commercial collection agencies around the country in proudly displaying the Certified Commercial Collection Agency Seal. READ MORE
January 28, 2020
Commercial Law League to Host 7th Annual Capitol Hill Day in Washington, D.C.
Rolling Meadows, IL – January 28, 2020 –The Commercial Law League of America will be conducting its seventh legislative event in Washington D.C. on February 24, 2020. CLLA held its first D.C. Legislative Day in February of 2014 and has since found success in building relationships with legislators and regulators and in forming relationships with other likeminded organizations. READ MORE
