New Jersey Bankruptcy Lawyer Daniel Straffi Discusses the Bankruptcy Threshold Adjustment and Technical Corrections Act

November 08, 2024 at 11:20 AM EST

The New Jersey bankruptcy lawyer team at Straffi & Straffi Attorneys at Law, led by Daniel Straffi (https://www.straffilaw.com/what-is-the-bankruptcy-threshold-adjustment-and-technical-corrections-act/), sheds light on the Bankruptcy Threshold Adjustment and Technical Corrections Act. This significant legislation, which adjusts bankruptcy filing thresholds, is designed to support individuals and small businesses facing financial difficulties, particularly those who are considering bankruptcy as a form of relief.

This new law builds upon measures that were initially put into place during the COVID-19 pandemic, under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Bankruptcy Threshold Adjustment and Technical Corrections Act is crucial in New Jersey, where high living and operating costs frequently result in significant debt for both individuals and businesses. For many in the state, the services of a New Jersey bankruptcy lawyer are essential for navigating these changes and understanding how they apply.

The key objective of the Bankruptcy Threshold Adjustment and Technical Corrections Act is to extend accessibility to bankruptcy protections by raising the debt limits for those filing under certain chapters of the Bankruptcy Code. For example, it temporarily increased the debt limit for Chapter 13 bankruptcy to $2.75 million, which includes both secured and unsecured debts. This raised limit is beneficial for residents of New Jersey, where high housing costs and other expenses often lead to larger-than-average debt burdens. New Jersey bankruptcy lawyer Daniel Straffi emphasizes that these changes offer new opportunities for debtors to seek relief through Chapter 13.

Daniel Straffi has noted that another important feature of this Act is its impact on small businesses. Specifically, the Act reinstates provisions that were in place during the CARES Act, allowing for retroactive relief under Subchapter V of Chapter 11 for certain businesses. These provisions permit small businesses to apply for bankruptcy protection under more favorable terms than those available under the traditional Chapter 11, making it easier for businesses to reorganize their debts. In states like New Jersey, where the costs of business operations are substantial, this can be a critical advantage.

According to Daniel Straffi, the Bankruptcy Threshold Adjustment and Technical Corrections Act addresses several key objectives aimed at making the bankruptcy process more effective and responsive to today’s economic realities. One of the core purposes of the Act is to expand access to bankruptcy relief by raising debt limits for both Chapter 13 and Subchapter V filings. This expansion is essential in New Jersey, where many individuals and small businesses may have been disqualified under previous debt thresholds due to the state’s high real estate and living expenses.

Another important aspect of the Act is its role in clarifying the Bankruptcy Code. The Bankruptcy Threshold Adjustment and Technical Corrections Act corrected several ambiguities in the law, particularly those related to inflation adjustments for debt limits. For instance, the Act specifies that certain increased debt thresholds, like those for Subchapter V bankruptcy, are subject to inflation adjustments and will sunset unless extended. Such clarifications help create a more predictable legal environment for both debtors and creditors in New Jersey, which is vital for making informed decisions in bankruptcy proceedings.

The Act also took into account the changing economic conditions caused by inflation and other factors. By adjusting debt limits to reflect the current economic climate, the Bankruptcy Threshold Adjustment and Technical Corrections Act aims to ensure that the bankruptcy process remains viable and accessible to those who need it most. Daniel Straffi notes that this is particularly important for individuals and small businesses in New Jersey, where rising costs have significantly affected financial stability. By raising the debt thresholds, the Act temporarily made it easier for more people to qualify for bankruptcy protections.

However, as of June 2024, the temporary provisions of the Bankruptcy Threshold Adjustment and Technical Corrections Act have expired. This reversion means that the debt limits for Chapter 13 bankruptcy filings have returned to previous levels, which distinguish between secured and unsecured debts. Under the pre-Act limits, unsecured debts must total less than $465,275, and secured debts must be below $1,395,875 for individuals to qualify for Chapter 13. This change may affect many debtors in New Jersey, as the state’s high cost of living often results in debt levels that exceed these thresholds.

Small businesses in New Jersey are also affected by the expiration of the Act’s provisions. The temporary increase in the debt limit for Subchapter V filings to $7.5 million has reverted to the lower threshold defined in section 101(51D) of the Bankruptcy Code. This means that fewer businesses in New Jersey may now qualify for the streamlined reorganization process under Subchapter V, which was designed to make bankruptcy more accessible to small businesses. As a result, some small businesses may be forced to pursue more traditional Chapter 11 bankruptcy routes, which can be more costly and time-consuming.

Daniel Straffi highlights that the expiration of the Act’s provisions poses challenges for both individual and business debtors in New Jersey. The simpler and more accessible bankruptcy process that the Act provided will no longer be available under the reverted rules. However, he stresses that the New Jersey bankruptcy lawyer team at Straffi & Straffi Attorneys at Law remains committed to helping clients navigate the challenges of bankruptcy law.

The Bankruptcy Threshold Adjustment and Technical Corrections Act introduced important changes to bankruptcy law that provided debtors with greater flexibility and access to protections. While some of these benefits have expired, it is still crucial for individuals and small business owners in New Jersey to stay informed about how the current laws apply to their situations. Consulting with an experienced New Jersey bankruptcy lawyer can help clarify options and guide debtors toward the most appropriate form of relief.

Daniel Straffi and his team at Straffi & Straffi Attorneys at Law are available to provide guidance on bankruptcy matters and help individuals and businesses explore their options under the current legal framework.

About Straffi & Straffi Attorneys at Law:

Straffi & Straffi Attorneys at Law is a New Jersey-based law firm offering legal services in bankruptcy, debt relief, and other financial legal matters. The firm is dedicated to helping clients navigate their financial difficulties with tailored legal strategies that align with their goals. Led by New Jersey bankruptcy lawyer Daniel Straffi, the firm is committed to providing comprehensive legal assistance to individuals and businesses across the state.

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Phone: (732) 341-3800
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New Jersey Bankruptcy Lawyer Daniel Straffi Discusses the Bankruptcy Threshold Adjustment and Technical Corrections Act

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