By Thomas J. Salerno STINSON LLP
With a change in administration likely within the next two months, and Congress scrambling to agree on another rescue package for millions of Americans facing yet more pandemic related economic hardship as many of the government subsidies and stimulus plans are set to expire the end of December, Senators Rubio and Collins have revamped S. 4321 initially introduced on July 27, 2020 ("Initial Proposed PPP III Legislation"), which would (finally) make the Payroll Protection Program loans ("PPP Loans") available to debtors in bankruptcy. The PPP expired in early August 2020, and S. 4321 became bogged down in neverending partisan politics, and, ultimately, put on the back burner by the Götterdämmerung that was the presidential election. The Initial Proposed PPP III Legislation still had issues, but was, at least, a step in the right direction.
On October 1, 2020, Senators Rubio and Collins apparently reintroduced a different version of the Initial Proposed PPP III Legislation, S. 4773 (the "Amended PPP III Legislation"). One of the first lessons all lawyers learn (some the hard way) is that the devil is always in the details, and you gotta read the fine print! Click here to read the full analysis.