Consumer Debt

Individuals with Two-Year Gap in Medical Coverage Nearly Twice as Likely to File for Bankruptcy, According to Research Included in Summer ABI Law Review

Alexandria, Va. — Individuals who experienced a gap in medical care coverage over a two-year period were roughly twice as likely to file for bankruptcy as those who retained continuous coverage, according to an article in the Summer 2019 edition of the American Bankruptcy Institute (ABI) Law Review (Volume 27, No. 2). In their article “Moving Beyond Medical Debt,” Prof. Brook E. Gotberg of the University of Missouri School of Law (Columbia, Mo.) and Prof. Michael D. Sousa of the University of Denver Sturm College of Law (Denver, Colo.) detail their research looking at data from a national survey of adults from 2004 through 2014 that indicates that the principal predictor of consumer bankruptcy is a lapse in medical insurance coverage.

Gotberg and Sousa's study was funded in 2016 by ABI's Anthony H.N. Schnelling Endowment Fund to examine whether the expansion of Medicaid through the Affordable Care Act (ACA) has had a correlative effect on the rate of consumer bankruptcy filings across the country. “Most existing empirical studies attempt to quantify the percentage of consumer bankruptcies that are ‘caused’ by unmanageable medical indebtedness,” Gotberg and Sousa write. “This article addresses what we believe to be a more significant line of empirical inquiry, namely, the connection between health insurance coverage and consumer bankruptcy as a more precise measurement of how national health insurance programs may or may not affect bankruptcy filing rates.”

“These findings contribute to the ongoing debate regarding the Affordable Care Act and the provision of health insurance to low-income Americans, and the role consistent health insurance coverage plays in relation to the consumer bankruptcy system.”

Other articles included in the Summer 2019 ABI Law Review include:

  • “Credit Card Debt and Consumer Bankruptcy: Can We ‘Nudge’ Our Way Out?” by Prof. Robert J. Landry III of Jacksonville State University's School of Business and Industry (Jacksonville, Ala.).
  • “‘The Supreme Court’s Jevic Decision Regarding Structured Dismissals in Bankruptcy Is Wrong. What's a Lawyer to Do?” by Prof. Jeffrey Davis of the University of Florida Levin College of Law (Gainesville, Fla.).
  • “Escape from Pandemonium: Reconciling § 363(F) and § 365(H) in Qualitech’s Shadow and Spanish Peaks’ Wake” by Amir Shachmurove of Troutman Sanders (Washington, D.C.).

ABI’s Law Review, published in conjunction with St. Johns University School of Law in Jamaica, N.Y., is among the most cited and respected scholarly publications in the bankruptcy community. Now in its 27th year, it has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency issues, including chapter 11 reform, distressed sectors, single-asset cases, consumer bankruptcy, revised Article 9 of the Uniform Commercial Code and other topics.

Members of the press looking to obtain any of the articles from the Summer 2019 issue should contact John Hartgen at 703-894-5935 or [email protected].

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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 11,000 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.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

 

Senate Passes Four Bipartisan, Bicameral Bankruptcy Bills

August 1, 2019

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

Senate Passes Four Bipartisan, Bicameral Bankruptcy Bills

The U.S. Senate today passed four bipartisan and bicameral bankruptcy bills before adjourning for its August recess. The bills are H.R. 3311, the Small Business Reorganization Act; H.R. 2336, the Family Farmer Relief Act; H.R. 2938, the Honoring American Veterans in Extreme Need Act (HAVEN Act); and H.R. 3304, the National Guard and Reservist Debt Relief Extension Act. ABI testified in support of H.R. 3311, H.R. 2336 and H.R. 2938. All the bills passed the U.S. House of Representatives last week and are non-controversial. The bills received unanimous consent to proceed to passage. The legislation will now be sent to President Trump to be signed into law. Click here to read ABI’s press release.

Consumer Groups Seek Extension of FDCPA Comment Period

Consumer advocacy groups have formally requested a two-month extension — to Oct. 21 — on the comment period for the Consumer Financial Protection Bureau’s proposed debt-collection rule, Auto Finance News reported. The comment period is currently set to expire on Aug. 19. Seven advocacy groups signed the letter, citing the long and complicated nature of the proposal. “The proposal’s broad and potential impact — on virtually every person in this country — adds to the complexity of analyzing and commenting on the implications for different constituencies,” the letter said. In fact, the consumer advocacy groups hold that these rules affect not only consumers with debt, but “anyone who may mistakenly be the subject of debt collection communications and litigation against the wrong person, wrong number or email address, or debts paid long ago,” making it difficult to respond adequately. Further, the letter cites the CFPB’s other activities as having consumed many of the resources of the consumer advocacy groups, including a proposal to rescind much of the payday loan rule, request for comment on overdraft opt-in rules, and the proposed rule under the Home Mortgage Disclosure Act. As of yesterday, 1,978 comments on the proposal had been submitted on the CFPB’s website.



Tapping Homes for Cash to Get Tougher Under New FHA Limits

The Trump administration is moving to restrict mortgage refinancings in which borrowers withdraw cash, the latest effort to curb the federal government’s exposure to potential defaults, the Wall Street Journal reported. The Federal Housing Administration, an arm of the Department of Housing and Urban Development that insures loans for mostly first-time buyers, announced today that it will limit cash-out refinancings in its program. Borrowers will be able to pull cash out only when the new loan amounts to 80 percent of the value of the home or less, down from 85 percent. The policy change, expected to take effect in September, follows a sharp rise in the use of cash-out refinancings over the past several years. Officials believe this has added risk to the $1.3 trillion government mortgage program. Borrowers aren’t tapping their homes for nearly as much cash as they did before the financial crisis. But rising home prices have rewarded owners with more equity in their homes, and many are turning it into cash to make home improvements or pay bills. In the FHA program, there were nearly 151,000 cash-out refinances in the 12 months that ended in September, versus roughly 43,000 during the same period five years earlier. (Subscription required.)

Commentary: Mortgage Rates Are Already Lower, but Not Providing a Spark to Homebuying*

Cheaper mortgages are usually a boon to the housing market, but this year, a sharp drop in mortgage rates hasn’t provided much of a lift, according to a New York Times commentary. Consumer borrowing costs, including mortgage rates, are heavily influenced by the market for government bonds, and yields on those bonds have been falling this year. Similarly, the rate on the 30-year fixed mortgage rate is down more than one percentage point, to 3.75 percent last week, according to Freddie Mac. Over the last 30 years, the rate has averaged about 6.25 percent. So the current rates might reasonably have been expected to spark a flurry of refinancing and home buying. But, because of rising home prices, there has been no boom so far. Through June, sales of existing homes were down 2 percent from a year earlier, and investment in residential structures had declined for six straight quarters. Sales of newly built homes remain well below their recent peak in late 2017. The housing market has traditionally been one of the most important channels by which the Fed’s rates can influence the economy because it can spur construction employment, sales of appliances and furniture, and services such as landscaping, all of which multiply the economic impact of a home’s purchase. But the math facing prospective American home buyers is daunting. Since June 2009, when the U.S. economy started its current expansion, the median price of existing homes has risen nearly 60 percent, far outpacing the 24 percent gain in median weekly earnings.



*The views expressed in this commentary are from the author/publication cited, are meant for informative purposes only, and are not an official position of ABI.

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BLOG EXCHANGE

New on ABI’s Bankruptcy Blog Exchange: HUD Plan Would Raise Bar for Claims of Fair-Lending Abuse

Under a proposal yet to be officially unveiled, plaintiffs relying on the so-called “disparate impact” doctrine would have to show a more direct link between a lender’s policy and discriminatory effect, according to a recent blog post.

To read more on this blog and all others on the ABI Blog Exchange, please click here.

 
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Fifth Circuit Makes Student Loans Even More Difficult to Discharge

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
Court: 

Senate Passes Small Business Reorganization Act, HAVEN Act and Family Farmer Reorganization Act

Alexandria, Va. — The U.S. Senate today passed the Small Business Reorganization Act of 2019 (H.R. 3311), HAVEN Act (H.R. 2938) and Family Farmer Relief Act of 2019 (H.R. 2336) by a voice vote. ABI testified in support of the three bills. The legislation will now proceed to President Trump for signature into law.

“The three bills modernize the Bankruptcy Code to ensure that struggling veterans, Main Street businesses and family farmers have access to better tools for achieving a financial fresh start,” said ABI Executive Director Samuel J. Gerdano. “ABI commends the Senate action.”

H.R. 3311, the “Small Business Reorganization Act of 2019” (SBRA)

The SBRA would add a new subchapter V to chapter 11 providing a better path for small businesses to successfully restructure, reduce liquidations, save jobs and increase recoveries to creditors. It adopts the current definition of a “small business debtor” as a person in commercial or business activity with an aggregate or noncontingent liquidated secured and unsecured debts as of its bankruptcy filing date of not more than $2,725,625. Introduced by Reps. Ben Cline (R-Va.), David Cicilline (D-R.I.), Doug Collins (R-Ga.) and Steve Cohen (D-Tenn.), the SBRA is inspired by the work of the National Bankruptcy Conference and ABI’s Commission to Study the Reform of Chapter 11. A bipartisan companion bill (S. 1091) was sponsored in the Senate by Sen. Charles Grassley (R-Iowa).

“With proper planning and execution, that Small Business Reorganization Act enables financially troubled small businesses to emerge from bankruptcy within months following a court-approved plan of reorganization,” Gerdano said.

H.R. 2938, the “Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act)

The HAVEN Act was introduced in the House by Reps. Lucy McBath (D-Ga.) and Greg Steube (R-Fla.) to exclude VA and DoD disability payments from the monthly income calculation used for bankruptcy means testing. The bill was included in the National Defense Authorization Act, which passed on June 27. ABI Veterans Affairs Task Force Member Holly Petraeus, a former assistant director of the Consumer Financial Protection Bureau, testified in favor of the bill on behalf of the Task Force before the House Judiciary Committee. A bipartisan companion bill (S. 679) was introduced in the Senate by Sen. Tammy Baldwin (D-Wis.).

“VA and DoD disability payments made to veterans or their dependent survivors were earned in defense of our country,” Gerdano said. “The HAVEN Act corrects the Code to make sure that these payments are shielded from creditors.”

H.R. 2336, the “Family Farmer Relief Act of 2019”

The Family Farmer Relief Act of 2019 (H.R. 2336) was introduced in the House by Rep. Antonio Delgado (D-N.Y.) to update chapter 12 of the U.S. Bankruptcy Code to reflect the economic challenges facing distressed farmers. Chapter 12 was added to the Bankruptcy Code 1986 to provide reorganization relief to family farmers and fishermen to more properly handle this specialized area of bankruptcy law. Farm size has increased substantially since 1986; meanwhile, net farm income has declined since 2013. As the current debt limit for chapter 12 filings is $4.3 million, H.R. 2336 would raise this limit to $10 million. A bipartisan companion bill (S. 897) was sponsored in the Senate by Sen. Charles Grassley (R-Iowa).

"The Family Farmer Relief Act reinforces chapter 12 to provide family farmers with a durable tool to deal with the cyclical economic challenges faced in American agriculture, roiled by fluctuating land values, swings in commodity prices, weather calamities and adverse trade policies made by government," Gerdano said.

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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 11,000 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.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.