Forbes' has an article titled Medical Bankruptcies: Can You File For Bankruptcy Over Medical Bills? The article can be found at https://www.forbes.com/advisor/debt-relief/medical-bankruptcies/The short answer is yes, medical and hospital bills can be "discharged" in bankruptcy. We have discharged hundred's of thousand of dollars in medical bills in bankruptcy for our clients!Jim Shenwick, Esq. 212-541-664 jshenwick@gmail.com

 Legal Desire has an article on "5 Benefits And Drawbacks Of Filing For Chapter 7 Bankruptcy. The article can be found athttps://legaldesire.com/5-benefits-and-drawbacks-of-filing-for-chapter-7-bankruptcy/Individuals with questions about chapter 7 bankruptcy can contact Jim Shenwick, Esq 212-541- 6224 jshenwick@gmail.com

 Bankruptcy trustees often perform a thankless job, scrubbing through thousands of no-asset files looking for that one case that will earn them a sizeable commission. While Chapter 7 trustees are paid a commission on funds distributed to creditors, compensation for Chapter 11 trustees more closely resembles an hourly fee engagement. A recent case from Judge Tony Davis of the Western District of Texas illustrates how the two forms of compensation may dramatically differ. In re WC Met Center, LLC, Case No. 21-10698 (Bankr. W.D. Tex. 7/15/22). The opinion can be found here. WC Met Center, LLC was one of dozens of cases filed in Austin relating to Nate Paul and World Class Capital. On March 31, 2022, the U.S. Trustee appointed Randolph Osherow as Chapter 11 trustee. The assignment was undesirable because the Debtor faced a deadline of April 15, 2022 at noon to sell or refinance its properties. The diligent trustee found a buyer for the property with just three days to go. Following an auction, the properties were sold to an affiliate of the Debtor for $53.5 million. The sale exceeded the liens on the property by approximately $9.5 million. Then the case was converted to Chapter 7 and Mr. Osherow was appointed as Chapter 7 trustee. Mr. Osherow requested compensation of $1.3 million based upon the commission structure set out in 11 U.S.C. Sec. 326. Rather than commending the Trustee for his exceptional service, the Debtor objected that the fee was too high. The Court agreed, at least in part. The Court found that because the case was in Chapter 11, that the fee was determined based upon the factors set out in 11 U.S.C. Sec. 330(a).  The Court explained:Section 330(a)(7) states that “[i]n determining the amount of reasonable compensation to be awarded to a trustee, the court shall treat such compensation as a commission, based on Section 326.” Section 326(a) then limits compensation to a chapter 7 or chapter 11 trustee to reasonable compensation under Section 330, not to exceed certain percentages based on monies disbursed or turned over in the case. So the compensation awarded is capped at the 1.3-million-dollar amount calculated using the formula in section 326(a). In other words, a Chapter 11 trustee's fee is based on the lodestar method, but is capped by the amount recoverable under section 326(a). In this case, the Trustee testified that he spent 125 hours and that he has billed as much as $1,500 per hour. The Debtor did not put on testimony to contest the rate even though it clearly exceeded customary rates in the Austin area. Based on 125 hours x $1,500/hr., the lodestar came out to $187,500. However, the court also considered the customary fee that a real estate broker would charge. The Trustee contended that a broker would have charged 4-6%. However, the Court countered that "the Court has routinely seen broker commissions and breakup fees of much lower than 3% when the transactions are priced at $50 million or higher." The Court found that a commission of 1% was reasonable. Thus, the Court awarded the Trustee $437,124.46 based on a 1% commission. While this was much lower than the $1.3 million the Trustee would have received if the sale had been concluded in Chapter 7, it was more than the $187,500 that a straight lodestar would have produced. The takeaway here is that compensation for a Chapter 11 Trustee is different than compensation for a Chapter 7 Trustee. However, the Court has the ability to adjust the lodestar based on the facts of the case. In this case, because the Trustee fulfilled the role of both Chapter 11 Trustee and real estate broker, he got paid at the low end of what a broker would have received but considerably higher than what he would have received on a straight hourly basis. Parties can also use this opinion as authority for the proposition that hourly rates of up to $1,500 per hour are permissible in extraordinary cases in the Western District of Texas and that real estate commissions on transactions above $50 million should be in the 1-3% range.   

Suppose you’re living with a medical condition that prevents you from working. In that case, you may be able to receive disability benefits. Before you can start receiving payments, however, you should know whether or not your condition qualifies you for benefits in New Jersey. In New Jersey, both physical and mental conditions can qualify residents for Social Security Disability (SSDI) benefits. When determining eligibility, condition severity matters, as well as the length of time you’re expected to live with your condition. To successfully apply for SSDI benefits, New Jersey claimants must compile evidence proving their conditions’ severity. An experienced attorney can help you apply for benefits and understand additional eligibility requirements so that you can receive SSDI payments in New Jersey. Our attorneys are here to help New Jersey residents recover the disability benefits available to them. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. What Physical Conditions Qualify You for SSDI Benefits in New Jersey? In New Jersey, residents that meet the criteria for certain physical conditions can qualify for Social Security Disability benefits. The list of qualifying physical conditions generally only includes disabilities that prevent New Jersey residents from earning a sufficient income to support themselves. Many physical disabilities and conditions qualify New Jersey residents for SSDI benefits. Physical conditions are placed into 13 categories and then evaluated by severity. The list of eligible physical disabilities for adults is relatively long and can be difficult to navigate. Based on your physical condition, an experienced East Brunswick disability lawyer can inform you whether or not you qualify for SSDI benefits. The many physical conditions that qualify New Jersey residents for SSDI benefits are broken down into the following categories: Musculoskeletal disorders Special senses and speech disorders Respiratory disorders Cardiovascular system disorders Digestive system disorders Genitourinary disorders Hematological disorders Skin disorders Endocrine disorders Congenital disorders effecting multiple body systems Neurological disorders Cancer Immune system disorders Physical conditions that qualify New Jersey residents for SSDI benefits can be caused by medical illness or injury. For example, suppose you lost your hearing in an accident. In that case, you are still eligible for SSDI benefits, just as you would be if you lost your hearing from a medical complication. Keeping in mind that there are 13 categories of physical conditions that qualify New Jersey residents for SSDI benefits, it is likely that your disability makes you eligible, especially if it prevents you from earning a significant income. That said, it is important to be sure your physical condition qualifies you for SSDI benefits, so ask a Hamilton Township disability lawyer for clarification. What Mental Health Conditions Qualify You for SSDI Benefits in New Jersey? Although you may initially think that SSDI benefits are only available to New Jersey residents with physical conditions, that is not the case. The Social Security Administration (SSA) also allows those with mental disorders to receive SSDI benefits. A mental illness can be just as life-altering as a physical one. These disorders may be life-long or come about later in life, making it difficult for New Jersey residents to earn a substantial income. The SSA acknowledges that, by allowing the following mental disorders to qualify New Jersey residents for SSDI benefits: Neurocognitive disorders Schizophrenia spectrum disorder Depression Bipolar disorder Intellectual disorder Anxiety disorder Obsessive-compulsive disorder Somatic symptom disorder Personality disorders Impulse-control disorders Autism spectrum disorder Neurodevelopmental disorder Eating disorders Trauma disorders Psychotic disorders The Social Security Administration provides detailed information regarding how such mental conditions are evaluated to determine eligibility for SSDI benefits. A diagnosis alone may be insufficient. Therefore, it is important to consult an experienced New Jersey disability lawyer if you plan to claim a mental condition as a reason to receive SSDI benefits. Unfortunately, establishing mental illness and impairment can be more challenging than establishing a physical injury or disability, so it’s a good idea to have a compassionate attorney by your side to help you. Can a Partial Disability Qualify You for SSDI Benefits in New Jersey? Although your physical or mental condition may initially appear to qualify you for SSDI benefits, that may not be the cause. It’s important for New Jersey residents to understand how severity plays a part in determining eligibility for SSDI benefits. In New Jersey, only those who experience total disability can qualify for SSDI benefits. That means any injury that can heal, or an illness that is likely to go away quickly, will not qualify you for SSDI benefits. According to the SSA, a person’s condition must prevent them from working for an entire year, or be likely to cause death, for them to be eligible for benefits. Severity also matters. In order to qualify for SSDI benefits, New Jersey residents must also be unable to do their previous work or other work because of the severity of their conditions. Generally, SSDI benefit recipients in New Jersey are prohibited from earning a substantial income, as their conditions should not allow them to do so. So, if you are partially disabled, or your disability is short-term, you may not qualify for SSDI benefits in New Jersey. The Social Security Administration provides guidance for evaluating the severity of mental and physical conditions, which your Marlton disability lawyer can help you understand. If you are not eligible for SSDI benefits because of the short-term nature of your condition, ask an attorney for help. There may be other ways to recover compensation for lost wages that result from your medical condition in New Jersey. How Can New Jersey Residents Apply for SSDI Benefits? Applying for disability benefits can be challenging for New Jersey residents, especially if their conditions make such tasks even more difficult. Instead of submitting an application yourself, allow an experienced New Jersey lawyer to help you. In order to get SSDI benefits for your condition, you first have to file an application. New Jersey residents can do this online or visit a Social Security office location with their attorney. Generally, New Jersey residents need to have the following information on hand when applying for SSDI benefits: Social Security number Birth certificate Medical history After filing an initial application, New Jersey claimants will have to partake in a disability interview with a representative from the SSA. You’ll likely be asked questions regarding your condition and treatment during this interview. You may also be asked questions about your finances, family, and work history. This can be especially daunting for those who require access to SSDI benefits but are unsure how to proceed. A wrong answer can put your claim in jeopardy. Your attorney can prepare you for a disability interview and compile the necessary information, so you are ready for any questions a Social Security Administration representative may ask. Do New Jersey Residents Have to Prove Conditions to Qualify for SSDI Benefits? Although you may think you have a physical or mental condition that qualifies you for SSDI benefits, you still have to prove that to the Social Security Administration. Establishing your condition can be a challenging and complex process that often requires a Mercer County disability lawyer’s experience. Medical evidence is crucial for a successful disability claim. With help from an attorney, a New Jersey claimant must compile sufficient medical evidence demonstrating the severity of a condition and its impact on their life. The first hurdle New Jersey residents must overcome when attempting to show that their conditions qualify them for SSDI benefits is providing proof that a condition exists. For physical conditions, proof may be an X-ray or initial medical records. For mental illnesses, that may mean compiling records from a therapist or psychiatrist who has diagnosed your mental condition. Your lawyer can help you identify the proper evidence to demonstrate you are living with a physical or mental condition. The next step is to ensure that the medical records provided establish severity. When the SSA evaluates a person’s physical or mental conditions, two things matter: their existence and severity. Suppose you cannot prove that your condition prevents you from engaging in substantial gainful activity. In that case, your claim for SSDI benefits may be denied. This can happen to New Jersey residents that have serious conditions, but unfortunately do not understand the importance of proving their conditions to the Social Security Administration. The SSA may also assess your daily activities, medication dosages, and any ongoing treatment you receive. In the event that the medical records you provide are insufficient to prove that your physical or mental condition qualifies you for SSDI benefits, the SSA may arrange a consultative examination. Are Your SSDI Payments Be Based on Your Medical Condition? New Jersey residents might expect their SSDI benefit payments to be determined based on their medical condition. In reality, your specific physical or mental condition has very little to do with your payment amounts. What does matter, however, is your work history. Although having a qualifying physical or mental condition is crucial to becoming eligible for SSDI benefits, your illness or injury won’t impact your payments. Instead, your payments will be calculated largely based on your work history. A crucial aspect of determining eligibility for SSDI benefits is whether or not New Jersey residents have paid into the system, so to speak. You may have noticed that taxes are taken out for Social Security each time you receive a paycheck. That’s how New Jersey residents create a work history that can ultimately contribute to their SSDI benefit eligibility. To be clear, you don’t have to do anything yourself. Your employer is responsible for withholding for Social Security. Monthly SSDI benefits are determined based on your average covered earnings at jobs where your employer took money out of your paycheck for Social Security. While this can be confusing initially, your Mount Laurel disability lawyer can help you understand it. Generally, those who have worked longer can receive greater payments. The bottom line is that your condition’s severity doesn’t matter when determining the monthly payments you’ll receive. Severity only matters when determining your eligibility for SSDI benefits in the first place. It’s also important to note that if your condition worsens over time, you will not receive greater SSDI payments. Can You Qualify for SSDI Benefits if You Are Diagnosed with a Condition at a Young Age? What can you do if a physical or mental condition begins affecting you before you have a work history? Fortunately, the Social Security Administration understands that New Jersey residents cannot schedule a disability. Instead of preventing young people from recovering SSDI benefits simply because of their lack of work credits, the SSA provides a pathway for benefit recovery. Those under the age of 22 with medical conditions that prevent them from working may be eligible for SSDI benefits through a parent’s average covered earnings record. For minors, the process is relatively straightforward. A child’s disability is assessed according to the SSA’s listing of childhood impairments. Children may continue eligible for SSDI benefits via a parent’s earnings record after turning 18 if their disability persists. Marriage may impact a person’s ability to remain eligible for SSDI benefits through their parents, so ask a New Jersey disability lawyer what can happen. It’s not always so easy to become eligible for SSDI benefits as an adult disabled child (DAC). Suppose you are between 18 and 22 when you are diagnosed with a qualifying condition. In that case, receiving SSDI benefits from your parents may be more difficult. To do so, a New Jersey resident’s parent must either receive Social Security benefits or be deceased with a sufficient earnings record. In addition, a DAC’s disability must meet the definition of disability for adults. To help your child apply for SSDI benefits, you must complete an application as well as a Child Disability Report. This process can be quite complicated, as parents need a lot of information on hand to properly apply for SSDI benefits on behalf of their children. To simplify the process, parents can turn to a Mt. Holly disability lawyer for help. Can Other Disability Benefits Impact SSDI Benefits in New Jersey? While having a qualifying mental or physical condition is necessary to be eligible for SSDI benefits, it is not all that matters. In fact, to remain eligible for benefits in New Jersey, you must be aware of how other types of disability benefits can impact you. Sometimes, New Jersey residents sustain injuries that qualify them for SSDI benefits. Depending on how or why you sustained such injuries, you may be eligible for additional benefits. For example, New Jersey residents who sustain injuries at work may file for Workers’ Compensation and SSDI benefits. While that is possible, doing so may reduce your SSDI benefits. In New Jersey, this phenomenon is known as a reverse offset. Your total SSDI and Workers’ Compensation benefits cannot exceed 80% of your average current earnings. If your combined benefits exceed the threshold, the excess will be deducted from either your SSDI or Workers’ Compensation payments, depending on your disability. New Jersey’s offset laws can be complicated and may differ depending on the type of Social Security benefits you receive. Therefore, it’s important to speak with a New Jersey disability lawyer to understand how Workers’ compensation and other disability benefits can impact your SSDI payments. Will You Still Receive SSDI Benefits if Your Condition Improves in New Jersey? Suppose your physical or mental condition qualifies you for SSDI benefits in New Jersey. In that case, your benefits will likely continue as long as you remain disabled. The Social Security Administration does tend to check in on SSDI recipients from time to time to ensure they remain qualified. If your condition improves, you may lose access to benefits. The Social Security Administration tends to conduct continuing disability reviews (CDR) to ensure that recipients are still eligible for benefits. Suppose your condition is an injury or illness you are expected to recover from. In that case, the SSA may conduct a CDR within six to 18 months after approving your claim. If medical improvement is possible, the SSA may only conduct a continuing disability review once every three years. If medical improvement is not expected, then the SSA usually only conducts CD Rs every seven years. Suppose a continuing eligibility review finds that your condition has improved, and you can work a full-time job once again. In that case, the SSA may cease your payments. It is also important to note that if your condition improves and you become aware of that, you must inform the Social Security Administration. While the SSA tends to conduct these reviews according to a schedule, you may be subjected to a CDR at seemingly random intervals. The SSA will inform you of a continuing disability review ahead of time. Can You Receive SSDI Benefits in New Jersey if You Earn an Income? An essential eligibility requirement for SSDI benefits is that your condition prevents you from working. Suppose you continue to work after being approved for benefits. In that case, you can only earn a certain amount each month. If you earn over the threshold, the SSA may deem your condition ineligible and revoke your SSDI benefits. Those receiving SSDI benefits for qualifying physical or mental conditions are only permitted to earn a certain monthly income. In addition to SSDI payments, New Jersey recipients cannot earn more than $1,350 monthly from a job. Blind recipients can earn up to $2,260 each month. That said, it is important for New Jersey SSDI benefit recipients to understand that there are additional caveats. Suppose you earn upwards of $970 in a month. In that case, you will likely trigger a trial work period (TWP), which, if extended over nine non-consecutive months, can cause your benefits to cease. However, benefits don’t lapse right away. New Jersey residents generally have several months to appeal after an unintentional TWP affects their access to SSDI benefits. While TW Ps can help New Jersey SSDI benefit recipients interested in returning to work, they can also harm those unaware of the consequences. There are complex restrictions for other New Jersey recipients, like those who work for themselves, which an experienced lawyer can clarify. So, while you may be able to return to work in some capacity while receiving SSDI benefits in New Jersey, working full-time will likely not be possible. If you are interested in taking a part-time job or starting a business, but are concerned about how doing so may impact your SSDI benefits, speak to a New Jersey disability lawyer to learn more. What Can You Do if Your Condition Doesn’t Qualify You for SSDI Benefits? Although you may believe your medical condition qualifies you for SSDI benefits, the Social Security Administration may disagree. If your claim was denied, all is not lost. You can file a successful appeal with the right attorney by your side. Just because the SSA denied your claim for SSDI benefits doesn’t mean you’re ineligible. Instead, it may mean that you did not properly complete your application or compile the necessary medical records. If the SSA denied your claim, speak to New Jersey disability lawyer right away. New Jersey claimants have just 60 days to file an appeal after being denied SSDI benefits. First, claimants can file a request for reconsideration. During this time, your Piscataway disability lawyer can submit additional medical evidence that proves your need for SSDI benefits. If a reconsideration review is unsuccessful, you can request a hearing for an administrative law judge to review your claim. If a hearing does not go in your favor, you can request a review from the Social Security Appeals Council. Finally, New Jersey claimants can file a civil action in a federal district court if they disagree with the Appeals Council’s decision. Filing an appeal and seeing it through can be difficult for New Jersey residents in need of SSDI benefits. An experienced New Jersey disability lawyer can help you navigate the process and prove the severity of your condition, even if the Social Security Administration initially denied your claim. Our New Jersey Attorneys Can Help You Apply for SSDI Benefits Today If you are unsure whether or not your condition qualifies you for SSDI benefits in New Jersey, ask our attorneys for help. For a free case evaluation with the Trenton disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

 Forbes.com has a timely article on Student Loan Forgiveness: 5 Major Takeaways From New Plan To Cancel Student Debt.The article can be found at https://lnkd.in/ek5ps_VqJim Shenwick, Esq.

 Uber Embodies the Post-Covid Inflationary Economy The story can be found at https://www.bloomberg.com/opinion/articles/2022-08-02/uber-revenue-doubles-shares-surge-amidst-record-inflationJim Shenwick, Esq.  212 541 6224  jshenwick@gmail.com

 The United States Attorney's Office District of Colorado, issued a press release about "Florida Woman Sentenced to 19 Months in Prison for Submitting Fraudulent EIDL and PPP Applications in $865K Wire Fraud Scheme" the article can be found at https://lnkd.in/eEhpdz9mJim Shenwick, Esq 212 541 6224 jshenwick@gmail.com

Suppose a recent medical diagnosis will prevent you from working for the foreseeable future. If you have short-term disability insurance in New Jersey, you may qualify for benefits. But how long can you expect to receive them? Short-term disability benefits are only meant to last for a specific time. Generally, New Jersey claimants can only receive benefits for several months. Benefits can end sooner if a claimant’s disability is removed earlier than anticipated. Before you can start receiving short-term disability benefits, you must file a claim and wait for approval. Then, there is an elimination period, during which you will not receive benefits. If your condition does not improve by the time your short-term disability benefits lapse, speak to a lawyer. An experienced attorney can help you apply for long-term disability or Social Security Disability (SSDI) benefits if possible. We’re here to help our New Jersey neighbors understand short-term disability benefits. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How Long Will My Short-Term Disability Benefits Last in New Jersey? If you have a short-term disability insurance policy, either purchased privately or through your New Jersey employer, you may be able to claim benefits if you have a medical condition that prevents you from working for the time being. That said, these benefits are generally only available for a short time. Short-term disability benefits are temporary. Suppose you are expected to recover from a medical condition that currently prevents you from working. In that case, short-term disability benefits can compensate you for lost income for a short time. How long your short-term disability benefits last will largely depend on your policy. New Jersey insurance companies can set their own timeframes for short-term disability benefits. Generally, individuals can expect their short-term disability benefits to last around six months. However, that is not guaranteed. Unfortunately, New Jersey residents may be unaware just how short their short-term disability benefits are. Suppose you’re under the impression that your short-term disability benefits will last for months, but your policy states that they cease in a matter of weeks. If you aren’t prepared for benefits to lapse, you may face challenges. Your Mount Laurel disability lawyer can help you understand how long your short-term disability benefits will last according to your insurance policy, so that there are no surprises. The bottom line is that short-term disability insurance policies only provide payments over a certain period. That is how they are designed. Depending on your condition, short-term disability benefits may be insufficient to compensate you for lost wages. Remember, short-term disability benefits will generally not last long, even if your condition worsens. In fact, if your condition improves, your benefits may lapse sooner than expected. How Long Until I Start Receiving Short-Term Disability Benefits in New Jersey? After your short-term disability insurance claim is approved, you may expect to receive payments immediately. In reality, it may take several weeks before you start seeing your benefits. That’s because New Jersey claimants are often subjected to an elimination period, during which they must meet an insurance company’s particular definition of disability. Although short-term disability payments do not last long, New Jersey insurance companies still want to ensure a claimant’s eligibility. Because of that, there is an elimination period after a claim for short-term disability benefits is approved. During this time, New Jersey claimants must continue to meet their insurer’s definition of disability. Suppose you fail to meet the definition of disability at any point during the elimination period. In that case, you may never receive your short-term disability payments. The elimination period for short-term disability benefits is generally only one to two weeks. While that may not seem like a long time, New Jersey residents should consider the time it takes to file a claim and for an insurer to review and approve it. New Jersey claimants may have to submit to interviews and independent medical examinations so that an insurance company can verify their condition. All in all, it may be months before you get your short-term disability benefits. A Piscataway, NJ disability lawyer can work to speed up the process so that you receive your short-term disability benefits as soon as possible. What if I Need to Be on Disability for a Longer Period in New Jersey? Suppose your short-term disability benefits lapse, yet your medical condition persists. If you are still unable to return to work after being on short-term disability for several months, you should learn your potions. Depending on your condition, you may be eligible for long-term disability or Social Security Disability benefits in New Jersey. Long-Term Disability New Jersey residents that purchase short-term disability insurance may also get a long-term disability policy. This can protect you if your condition worsens and you require disability benefits for longer than what your short-term plan provides. In fact, because of the considerable elimination period for long-term disability benefits, your Trenton disability lawyer may advise you to get benefits under your short-term plan in the meantime. Your attorney can also help you file a claim for long-term disability benefits if you still require support once your short-term benefits lapse. Social Security Disability Social Security Disability benefits are available to New Jersey residents with qualifying medical conditions and work histories. It’s important to note that the eligibility criteria for SSDI benefits and short-term disability benefits may vary, so ask your lawyer if applying for SSDI benefits is possible after your short-term disability benefits end. If short-term disability benefits are insufficient to compensate you for lost wages, SSDI benefits may help. Our New Jersey Attorneys Can Help You File a Short-Term Disability Claim Today If you need assistance claiming your short-term disability benefits, our attorneys can help. For a free case evaluation with the East Brunswick disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

 Faced with pending trials to establish liability for defamation, another Alex Jones entity has decided to test the waters of bankruptcy. On Friday July 29, 2022, Free Speech Solutions, LLC, the company which actually produces the Alex Jones Show and his other programming, filed a petition under Subchapter V of Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas, Victoria Division. Case No. 22-60043.  In April, three minor entities within the Jones organization filed bankruptcy in an attempt to channel liability away from Jones and Free Speech Solutions. Those cases met substantial resistance and were voluntarily dismissed. The prior cases were filed in an apparent effort to shield Jones from having to face multiple juries. This was shown by the fact that the Jones entities filed on the eve of trial and then removed the cases to bankruptcy court. The current case was filed after a jury trial had already started in Austin. However, this time Free Speech Solutions immediately filed a motion to allow the trial to go forward. This suggests a more modest goal. Rather than pre-empting the jury trials, Free Speech Solutions has filed while the state court lawsuits remain as unliquidated liabilities. Eligibility for Subchapter V Filing while the claims were still unliquidated was necessary to gain access to Subchapter V. Subchapter V is the small business reorganization provision of the Bankruptcy Code which first became effective in February 2020. It allows a small business to confirm a plan which provides for payment of "projected disposable income" to creditors over a five year period. 11 U.S.C. Sec. 1191(c)(2). Unlike regular Chapter 11, creditor voting does not determine whether the plan may be confirmed. Subchapter V is limited to entities with qualifying debts of $7.5 million or less. However, there are two exceptions which may allow Free Speech Solutions to file with much greater liabilities. According to published accounts, the plaintiffs in the Travis County suit are seeking damages of $150 million. However, unliquidated claims are excluded from the eligibility calculation. 11 U.S.C. Sec. 1182(1)(A). Because the case was filed before the juries awarded damages, they didn't count toward eligibility. Free Speech Solutions may also benefit from another exclusion. Debts owed to insiders or affiliates are not counted. 11 U.S.C. Sec. 1182(1)(A). According to documents filed in the case, Free Speech Solutions owes over $70 million to an entity known as PQPR. According to a declaration filed in the case, PQPR is beneficially owned by Alex Jones's parents, David and Carol Jones. Dr. David Jones is an Austin dentist. According to a declaration filed in the case, he was the first advertiser on one of Alex Jones's predecessor shows. PQPR sells nutritional supplements which are advertised on the Alex Jones Show. If PQPR qualifies as an "affiliate" or "insider" of Free Speech Solutions, its debts will not be counted toward eligibility. According to 11 U.S.C. Sec., 101(2), an "affiliate" means (1) an entity that controls 20% of the voting securities of an entity, (2) a corporation 20% of whose securities are controlled by the debtor, (3) a person whose business is is operated under a lease or operating agreement with the debtor or (4) an entity that operates the business of the debtor under a lease or operating agreement. This definition does not seem to apply. However, the definition of insider may be a better fit. One type of "insider" is a "relative of . . . a person in control of the debtor." 11 U.S.C. Sec. 101(31)(b)(vi). Alex Jones is the person in control of Free Speech Solutions since he is its sole member. David and Carol Jones are Alex Jones's parents and therefore are his relatives. It could be argued that PQPR itself is not a "relative" of Alex Jones. However, the definition of insider says that it "includes" the stated categories, which means that it can include other unstated categories. In U.S. Bank, N.A. v. Village at Lakeridge, LLC, 138 U.S. 960 (2018), the Supreme Court did not provide a clear answer to who qualifies as a non-statutory insider, but suggested that it did not include persons who did business at arms length. Thus, any examination into whether PQPR is a non-statutory insider will likely look at whether its business dealings with Free Speech Solutions were done on an arms length basis. The Court would also likely look at the close relationship between PQPR and Alex Jones's parents. Venue Abuse?As with the previous Alex Jones entity filings, Free Speech Solutions, LLC filed its case in Victoria, Texas. This seems to be an apparent case of judge shopping. Judge Christopher Lopez is the sole judge assigned to the Victoria Division of the Southern District of Texas.  Thus, by filing the case in Victoria, Free Speech Solutions ensured that Judge Lopez would be assigned to the case as opposed to one of the two judges in the Austin Division of the Western District of Texas. According to the bankruptcy petition, Free Speech Solutions, LLC had its "domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other district." However, the address listed on the petition is 3019 Alvin Devane Blvd., Suite 301, Austin, TX 78741.  The initial declaration filed by Marc Schwartz, the proposed Chief Restructuring Officer, mentions Austin at least ten times in connection with the business and references Victoria only as the place where the case was filed.  What Comes Next?Will this case be more successful than the prior ones? At least this time, Jones has placed his primary business into bankruptcy. To use a chess analogy, in the prior cases, Jones placed three of his pawns into bankruptcy, while this time, he has filed his queen. However, Jones himself has not filed. This leaves both Mr. Jones and his membership interest in Free Speech Solutions, LLC vulnerable to claims of creditors.  One consequence of filing under  Subchapter V is that the case will move quickly. Free Speech Solutions will be required to file its plan of reorganization within 90 days.  Thus, unless FSS obtains an extension, the plan confirmation process will begin before Halloween.  

 An EIDL loan is one issued by the SBA for economic injury development. These loans were issued after PPP loans to businesses that had suffered economic injury.  However, unlike PPP loans, these loans must be repaid by borrowers. Many clients are calling about defaulted EIDL SBA Loans, the consequence of those defaults and remedies for those defaults. Shenwick & Associates has experience dealing with defaulted SBA loans and we have published 3 articles on our blog regarding these defaults. One post involves EIDL loans and bankruptcy, which can be found at http://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.htmlA Second post pertains to defaulted EIDL loans and the SBA Offer in Compromise program.  That post can be found at http://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.htmland A Third post is about EIDL loan defaults and document review for those defaults. That post can be viewed at http://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.htmlClients or professionals with questions about defaulted EIDL loans should contact Jim Shenwick, Esq.   jshenwick@gmail.com   212-541-6224