Judge Catherine McEwen (Bankr. M.D. Fla.) and panelists David Mawhinney (Bowditch, Framingham, Mass.), Amy Denton Mayer (Stichter Riedel Blain Postler, PA, Tampa, Fl) and Kirk Burkley (Bernstein-Burkley, P.C., Pittsburgh, PA) donned their wizard's hats to present 5 Secrets to a Magical Sub-V. Both David and Amy serve as Subchapter V trustees and represent SubV debtors, while Kirk offered the creditors' viewpoint. Their program covered five areas of Subchapter V law and practice.1.    Who Goes There? Eligibility.While many of the early cases dealt with Subchapter V eligibility, few actual cases have eligibility fights. Eligibility is not the same as jurisdiction and can be waived by the parties. Kirk said that eligibility fights were just not where he wanted to spend resources. When looking at the debt owed by a debtor, the distinction between business and consumer may not always be obvious. For example, a Home Equity Line of Credit might be used to finance a business. David said that while a Single Asset Real Estate Debtor might not be eligible for Subchapter V, the parties might want to wait and see where the case was going before immediately jumping on eligibility. (However, it is important to note that eligibility must be raised within thirty days after the 341 meeting or it is waived). In order to meet the commercial or business activity test, it is necessary to show that the business is currently doing something. However, to quote the Princess Bride, they said there is a big difference between mostly dead and completely dead.2.    The Marvelous, Mysterious Trustee.Amy said that the Subchapter V trustee is neither friend nor foe, but is there to assist in the process. David said that the trustee can deal with the different personalities in the case and build trust. Kirk said that many cases couldn't have gotten done without the help of the Subchapter V trustee. He said that anything that the trustee digs into is work that he doesn't have to charge his client for. Amy stressed that the SubV trustee is not a mediator. If the court requires "meet and confer" sessions, it is good to flag those conversations as Rule 408 settlement discussions. She said that debtors will sometimes provide drafts of their plans to the trustee for input. 3.    Don't Run Out of TimeGetting an extension of time to file a plan is tricky. The standard is whether the need for an extension "is attributable to circumstances for which the debtor should not justly be held accountable." The panelists said that "causal links" will be good for an extension while lazy, chronically late, generalized excuses will not be successful. The Seven Stars case illustrates that a debtor's decision to opt into Subchapter V after its deadlines had run was within the control of the debtor. The panelists recommended that debtor's always ask for an extension before the time expires. That way, if the court says no, you can still file a placeholder plan. While this is a matter of controversy, the Code says that a plan must be filed within the 90 days, not that it must be a confirmable plan.4.    Conjuring ConfirmationDavid and Amy stressed the need to have good projections and to understand the numbers. David said that as trustee "to be credible, I must be informed." Amy recommended checking the projections against historical performance. They also said that if a debtor doesn't have good financial reporting, it had better get it fast. 5.    Remedy for What Ails YouThis is a quirk of SubchapterV. Section 1191(c)(3)(B) says that a plan needs to provide "appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that payments are not made." Some courts have said that a plan need not contain "appropriate remedies" if the debtor is certain to make its payments. However, the bigger practice tip, according to Kirk, is that adequate default remedies are part of the standard for cramdown. If a debtor wants to get a consensual plan, it may agree to whatever remedies the creditor requests. Kirk stressed that the goal of remedies is to avoid having to go back to court if something goes wrong. For secured creditors, remedies should include fast ways to get at at their collateral. The panelists discussed several creative remedies for default. One option that was suggested was having the debtor grant a lien on certain property in favor of the SubV trustee for the benefit of the creditors.  A landlord might negotiate a waiver of certain notice rights before terminating a lease. Creditors might ask for "Phoenix" claims in which the full amount of their claim springs back in the event of a default. If an equipment lender doesn't have a provision for GPS trackers in its current loan, it might get them in a negotiation. Creditors have an incentive to negotiate for default remedies. In the Urgent Care case, the Court said that preserving state court remedies was enough. The parties also discussed the Section 1111(b) election. Kirk stressed that there is nothing in Subchapter V that says the election doesn't apply. If the 1111(b) election is triggered, the plan may go for more than five years. While a Subchapter V debtor must pay disposable income for five years, the panelists suggested that the plan could go longer. They pointed to Chapter 12 as an example where payments to a secured creditor can go beyond five years. The written materials submitted with the program contain nine separate papers which can be found here. 

 Forbes has an informative article about Biden’s Student Loan Forgiveness Application Is Here — 5 Tips Before You SubmitThe article can be found at https://www.forbes.com/sites/adamminsky/2022/10/15/bidens-student-loan-forgiveness-application-is-here---5-tips-before-you-submit/?sh=4f09346b3358J Im Shenwick, Esq 212 541 6224 [email protected]

Every year numerous awards are presented at the National Conference of Bankruptcy Judges. These awards are an opportunity to recognize people who have contributed to the insolvency profession.Ingrid Hillinger received the Excellence in Education Award. Her accomplishments include establishing the Boston College School of Law Public Interest Law Fund. Five oof her students have gone  on to be judges. However, she was a reluctant bankruptcy educator. In 1985, she was invited to be a guest teacher at the University of Texas School of Law. She was asked to teach secured credit and bankruptcy. She demurred that she had never taught bankruptcy before but was assured that she would do fine. I was one of her students in that inaugural class. I remember that on the first day of class she said that bankruptcy was like someone proposing a law that said "debtors shall pay their debts" and someone popping up and offering an amendment to insert the word "not" into the statute.  Said said that her hair was brown when she came down to Texas and was gray when she returned. She said "bankruptcy did that." Her bio can be found here.Judge Harlan "Cooter" Hale presented the Inns of Court Award to Judge John E. Waites (Bankr. D. S.C.). In his acceptance speech, he stressed the time and value of Inns of Court to younger members. More information on Judge Waites can be found here. Judge John Hopkins (Bankr. S.D. Ohio) received the DEI Leadership Award from the National Association of Bankruptcy Judges. Judge Hopkins's story is very inspiring. He moved from Georgia to Ohio to escape the Jim Crow South. His teachers in Ohio recognized his talent and recommended that he attend the prestigious Middlesex School in Concord, Massachusetts. He graduated from the Moritz College of Law at the University of Ohio in 1985. He worked at Squire Sanders & Dempsey and the U.S. Attorney's Office before being named as a Bankruptcy Judge in 1996. He served as President of NCBJ in 2007. He has a long list of involvement in worthy causes, which can be found here. President Joe Biden has nominated him to serve as a U.S. District Judge for the Southern District of Ohio.  In his acceptance speech, he said that his personal hero was Abe Lincoln, the 16th President of the United States, who practiced bankruptcy law. He quoted from the Gettysburg Address: that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.Ron Peterson presented the Lawrence P. King Award for Excellence in Bankruptcy on behalf of the Commercial Law League of America to Prof. Bruce Markell of Northwestern University's Pritzker School of Law.  Prof. Markell clerked for Judge Anthony Kennedy when he served on the 9th Circuit Court of Appeals. Prof. Markell served as United States Bankruptcy Judge for the District of Nevada and served on the 9th Circuit Bankruptcy Appellate Panel from 2004-2013 as well.   In 2016, he completed a project redrafting Kosovo's bankruptcy law. Judge Michael G. Williamson was awarded the Judger William L. Norton Judicial Excellence Award from the American Bankruptcy Institute. He was nominated by his colleagues from the Middle District of Florida where this year's NCBJ was being held. He was unable to attend due to health issues. However, his colleagues assured him that they had actually nominated him last year before his cancer struck. Judge Williamson spent two decades in private practice and has served as a bankruptcy judge for 22 years. He said that when he didn't understand something, he wrote on it. He has spoken at nearly 400 seminars and written numerous opinions. He has taught principles of insolvency in countries from Azerbaijan to Zimbabwe. He spent considerable time in Afghanistan. From his time abroad he learned that we often take the rule of law for granted. One of his contributions was authoring a Practical Evidence Manual, which can be found here.     

When the nation's bankruptcy judges, academics and practitioners get together for the National Conference of Bankruptcy Judges, there are certain topics that tend to dominate. This year mass torts were a through line in many of the presentations.  A presentation on pushing the boundaries of chapter 11 suggested that mass tort cases did not have the same urgency as melting ice cube operating businesses. A panel on third party releases noted the difference between the use of third party releases to protect guarantors as opposed to those developed in mass tort cases. ABI Editor at Large Bill Rochelle has nightmares about Congress seeing abuses in mass tort cases and passing legislation without the input of bankruptcy experts. His panel also delved deeply into the Texas Two-Step.  There was even a presentation by a Pulitzer Award winning journalist and the law professor who helped him crack the source of the opioid epidemic.  As I write up my articles from this year's conference, there will be many references to issues raised by mass tort cases.Another message of the conference was that bankruptcy is back. This year's conference drew nearly 1,100 attendees. There was a palpable feeling that we are on the brink of a major recession, a conclusion reinforced by one of ABI's sessions. If the extravagance of the Pachulski After Party is any indication, the business of failure is good. I have included a photo of me holding a snake at the Pachulski Party to provide I was really there. They wouldn't let me hold the alligator. Some of the other presentations included an excellent panel on Subchapter V, an ethics presentation from Nancy Rapoport, discussions of Crypto Companies in bankruptcy, a documentary about the City of Detroit bankruptcy and a panel on the role of judges. One thing that I enjoyed was two presentations which touched on Chapter 11-adjacent topics with non-bankruptcy speakers. This was the case with the opioid and City of Detroit presentations. I enjoyed the opportunity to meet with a lot of my colleagues and judges. While I may never appear in front of these judges (especially the retired ones), it is useful to hear from a number of judicial perspectives. I especially recommend the Dine-Around program where practitioners are paired with a judge for an intimate dinner. Next year's conference will be in Austin. I hope to welcome many of you to my town.  

 PR News Wire has a post on the differences between Chapter 7 and 11 for a small business. The post can be found at https://www.prnewswire.com/news-releases/differences-between-chapter-11-and-chapter-7-bankruptcy-301651391.htmlJim Shenwick, Esq [email protected] 212 541 6224

 Bills have been introduced in Congress to amend the bankruptcy laws. An excellent article discussing the proposed law titled "Consumer Bankruptcy Overhaul Envisioned in New Bill: Explained" can be found at https://news.bloomberglaw.com/bankruptcy-law/consumer-bankruptcy-overhaul-envisioned-in-new-bill-explained-1James Shenwick, Esq [email protected] 212-541-6224

If you prefer to watch or listen to my content, then please visit my YouTube channel. The post Mayer on Mediation & Arbitration appeared first on Sylvia Mayer Law.

If you recently received a life-altering medical diagnosis and can no longer work, it’s important to determine where your income will come from. Our lawyers can aid in that endeavor by helping you get disability benefits in New Jersey. Getting disability benefits in New Jersey can be a long, complicated process. To simplify things, victims should hire an experienced attorney. Your lawyer can help you document your disability and compile the necessary documents to apply for disability benefits. Once your claim is approved, it may be some time before you start receiving monthly payments. Earning too much additional income can threaten your access to disability benefits in New Jersey, as can other missteps, so it’s important to ask your lawyer how to protect your access to monthly payments. Our lawyers are here to help New Jersey residents get the disability benefits they deserve. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How to Get Disability Benefits in NJ Social Security Disability Insurance (SSDI) benefits provide crucial income for New Jersey residents with qualifying disabilities and medical conditions. Regular SSDI checks can help you support your family after a life-altering accident or diagnosis. Because of this, it’s important for New Jersey applicants to learn exactly how they can get SSDI benefits. Hire an Attorney If you wish to get SSDI benefits in New Jersey, you should hire an attorney. The application process can be long and extensive. Your Marlton, NJ disability lawyer can help you take the necessary steps during the application process so that the Social Security Administration (SSA) approves your claim. Once your application is approved, your attorney can keep an eye on any additional income you earn and help you pass continuing disability reviews from the SSA so that you don’t lose access to benefits. Document Your Disability In order to be eligible for Social Security Disability Insurance benefits, New Jersey residents must have a qualifying condition. The SSA’s website lists all qualifying disabilities and illnesses for adults and children that applicants can refer to. Physical disabilities are included among the various qualifying conditions, as are certain diseases and mental illnesses. To get SSDI benefits in New Jersey, you must thoroughly document your disability. That means seeking care from medical professionals and getting the necessary diagnoses and treatment plans. Social Security Disability Insurance benefits are reserved for individuals with long-term or permanent disabilities. Suppose your condition does not meet the SSA’s criteria, or you cannot provide the necessary medical documentation to prove that your disability exists. In each case, your application for benefits may be denied. To prevent that from happening, hire an experienced New Jersey disability lawyer. Gather Employment Records If you wish to get SSDI benefits in New Jersey, your work history matters. With each paycheck you receive, your employer must remove taxes for Social Security. In doing this, an employer ensures that you are paying into the system and can receive Social Security benefits in the future. This is an employer’s responsibility, not an employee’s. The more years you’ve worked, and the more taxes that are taken out of your paychecks, the greater your SSDI payments may be. Although the Social Security Administration may have your work history on record, it is still important to provide your own documentation. Your Mt. Holly disability lawyer can help you prepare the necessary documents that outline your work history and eligibility for SSDI benefits. Apply for Benefits In order to officially apply for SSDI benefits, New Jersey residents can submit an application using the SSA’s website or by visiting a local SSA office. Applicants must complete the SSA’s disability benefits application and a medical release form to officially apply for payments. The application is extensive and requires details regarding your medical condition and work history. You must also provide personal and financial information, like your Social Security number, bank account information, and previous tax returns. Understandably, applicants may become overwhelmed completing this form themselves. Allow your New Jersey lawyer to be by your side during this process so that you correctly complete the disability benefit application and are one step closer to getting the SSDI benefits you deserve. Prepare for an Interview Often, after New Jersey residents apply for SSDI benefits, an SSA representative will reach out to schedule an interview. During this interview, the SSA representative will likely ask personal questions about your income, work history, disability, and family. Essentially, the SSA wants to know everything about your financial and medical status. Some questions might be abrasive, and applicants may feel uncomfortable. Your attorney should be present for this interview, to ensure you answer an SSA representative’s questions correctly and completely. Any missteps might impede your access to Social Security Disability Insurance benefits. Appeal a Decision Unfortunately, New Jersey residents that apply for SSDI benefits without an attorney by their side may see their claims denied. The application process is complex, and applicants may have difficulty meeting the requirements. If your initial request for SSDI benefits is denied, you can likely file an appeal. If you do, enlist help from a Trenton, NJ disability lawyer. Your attorney can help you file an appeal within 60 days of an initial claim denial. How Soon Will I Get My NJ Disability Benefits? After your SSDI application is approved, it may be several months before you start receiving checks. That is because the Social Security Administration wants to make sure that your condition warrants payments before it starts sending you money. New Jersey applicants generally have to wait six months after an SSDI claim is approved before they receive benefits. Before that, applicants can expect to wait three to five months to hear back about the SSA’s decision regarding their claim. If an initial claim is denied and New Jersey applicants have to file an appeal, the wait time may be closer to two years. Generally, SSDI applicants need benefits right away, not months down the road. If you’re applying for SSDI benefits, it’s important to hire a New Jersey disability lawyer. Your attorney can help you meet the application criteria so that unnecessary delays don’t prevent you from getting access to the SSDI benefits you need. How Much Will My NJ Disability Payments Be? Those that apply for SSDI benefits are likely curious about how much money they will receive. The size of your payments will depend only on your work history. So, depending on how much you’ve worked during your life, you might receive the maximum New Jersey disability payment. In 2022, the maximum SSDI payment is $3,345. However, that amount is not guaranteed. Once you are approved for disability benefits in New Jersey, the size of your payments will depend on your work history. If you sustained a disability under 22 and applied for SSDI benefits through a parent, their work history will indicate your payment amounts. Generally, only those near retirement age or have a parent who has worked for decades can qualify for the maximum SSDI payment. If you’re unsure what your SSDI benefits will look like, ask your East Brunswick disability lawyer for clarification. Your attorney can evaluate your work history to estimate your potential payments from the Social Security Administration. How Often Will I Get Disability Payments in NJ? Having a dependable income is important for New Jersey families. Because of that, it’s crucial for SSDI applicants to learn how often they can expect to receive payments. If you’re approved for SSDI benefits, you will receive them on a monthly basis. SSDI benefit recipients will get payments, either via check or direct deposit, once a month. The exact day you receive your monthly benefit will depend on your birthday. The following is the current payment schedule for SSDI recipients in 2022: If you are born between the 1st and the 10th, you get payments on the second Wednesday of each month If you are born between the 11th and the 20th, you get payments on the third Wednesday of each month If you are born between the 21st and the 31st, you get payments on the fourth Wednesday of each month If you qualify for SSDI benefits through a parent’s work history, you will receive payments based on their birthday. Going from getting paychecks every two weeks to once a month can be jarring for SSDI recipients. Enlist an experienced Hamilton Township, NJ disability lawyer to help you make the transition easier and keep a handle on your finances. How Often Will I Get Reevaluated for NJ Disability Benefits? The Social Security Administration requires regular continuing disability reviews for SSDI recipients. How often your disability will be reevaluated will depend on your diagnoses and your chances of recovering. From time to time, the SSA may subject your case to a continuing disability review. The purpose is to review your case and ensure you still have a qualifying condition and, thus, are still eligible to receive SSDI benefits. The frequency with which the SSA conducts continuing disability reviews depends on each recipient’s medical condition. For example, if medical improvement is expected, the SSA will generally conduct a review within six to 18 months of claim approval. If medical improvement is possible, the SSA will generally conduct a review every three years. If medical improvement is not expected, the SSA will generally conduct a review every seven years. Preparing for a review is essential. The Social Security Administration may require updated information about your medical condition and treatment. If you fail to provide the necessary information, your access to benefits may be at risk. For a seamless disability review, New Jersey SSDI recipients should have a lawyer by their side. Can My Disability Benefits Get Revoked in NJ? Getting approved for disability benefits does not mean they can’t be revoked in the future. When New Jersey residents earn too much in additional income or unknowingly enter a trial work period (TWP), they can lose access to SSDI payments. And, of course, if your disability improves, you may no longer qualify for disability benefits in New Jersey. Substantial Gainful Activity In order to remain eligible for SSDI payments in New Jersey and elsewhere, recipients can’t engage in substantial gainful activity (SGA). In 2022, the SGA limit is $1,350 a month for non-blind individuals. For blind individuals, the SGA limit is $2,260 a month. Earning over that amount can make you ineligible for SSDI benefits. An attorney can keep you updated on any changes to the SGA threshold so that you don’t lose your access to SSDI payments. Trial Work Periods Trial work periods can threaten your access to disability benefits in New Jersey. If you earn over $970 in a month, that automatically triggers a TWP. If this happens over nine months, you might lose your access to benefits. Trial work periods exist to help SSDI recipients explore the possibilities of returning to work while still receiving benefits. Unfortunately, these periods can be triggered without a recipient’s knowledge, ultimately threatening their access to payments. If you accidentally trigger and complete a TWP without knowing it, a New Jersey disability lawyer can help. Your attorney can help you reestablish the need for payments during the 36-month re-entitlement period that follows a TWP. Improved Condition If your medical condition improves or your disability is removed, you may lose your access to SSDI benefits. The Social Security Administration should be informed of any improvements or changes to your medical condition that could impact your eligibility for Social Security Disability Insurance payments. Call Our Lawyers to Apply for NJ Disability Benefits Today If you need to get disability benefits in New Jersey, our attorneys can help. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

Bankruptcy opinions tend to rely on two major tools for interpreting the Bankruptcy Code: the statutory text and pre-Bankruptcy Code practice. These two methods came into conflict in the Fifth Circuit's recent opinion in Ultra Petroleum Corp. v. Ad Hoc Committee (In re Ultra Petroleum), No. 21-20008 (5th Cir. 10/14/2022), which can be found here.   The majority relied on pre-Code practice to allow creditors of a solvent debtor to recover their full contractual interest. A Series of Fortunate OccurrencesUltra Petroleum had a very good problem. It went into bankruptcy insolvent, recovered when natural gas prices rebounded, and was able to pay all of its creditors in full. However, when it proposed to pay its unsecured creditors post-petition interest at the federal judgment rate, they objected. The creditors argued that they were entitled to their full contractual interest based on Make Whole provisions in their contracts. The bankruptcy court disagreed. Creditors of a solvent chapter 7 estate are entitled to post-petition interest at the "legal rate" under 11 U.S.C. Sec. 726(a)(5), which the Court interpreted to mean the federal judgment rate. Therefore, the Bankruptcy Court approved a plan which paid unsecured creditors post-petition interest at the federal judgment rate which, at the time was 0.58%. The difference between rates was significant and the debtor set aside $400 million to cover the additional interest should it lose.Make Whole Amount Not Allowed by CodeThe Debtor won the argument about whether a Make Whole Amount was not an allowed claim. Under 11 U.S.C. Sec. 502(b)(2), claims for "unmatured interest" may not be allowed. The Fifth Circuit ruled that "unmatured interest" included the “economic equivalent of ‘unmatured interest’” as well.  The Court explained how the Make Whole Amount worked as follows:Contractual make-whole amounts, like the one at issue here, are expressly designed to liquidate fixed-rate lenders’ damages flowing from debtor default while market interest rates are lower than their contractual rates. Lenders’ damages equal the present value of all their future interest payments. In other words, a make-whole amount is nothing more than a lender’s unmatured interest, rendered in today’s dollars.Opinion, pp. 9-10. The Court found that the Make Whole Amount was the economic equivalent of unmatured interest. So, did the Debtor win? No, because that was not the end of the analysis.Pre-Code Practice Carries the DayThe Court then turned to the Solvent Debtor exception. The current Bankruptcy Code has been in effect since 1978. However, the Court went back 300 years to find the authority for its ruling. The Court wrote:For some three centuries of bankruptcy law, courts have held that an equitable exception to the usual rules applies in the unusual case of a solvent debtor. When a debtor proves solvent—that is, when the debtor’s assets exceed its liabilities—bankruptcy’s ordinary suspension of post-petition interest is itself suspended. When a debtor can pay its creditors interest on its unpaid obligations in keeping with the valid terms of their contract, it must.  As with many of our bankruptcy rules, this doctrine originated in eighteenth-century English practice. See 2 William Blackstone, Commentaries *488 (“[T]hough the usual rule is, that all interest on debts carrying interest shall cease from the time of issuing the commission, yet, in case of a surplus left after payment of every debt, such interest shall again revive, and be chargeable on the bankrupt . . . .”)(additional citations omitted). Our forebears adopted English practice in our nation’s nascent nineteenth-century bankruptcy system. (citation omitted). And as the Supreme Court has said, the English solvent-debtor exception “ha[s] been carried over into our system.”  (cleaned up, except that I left in the reference to Blackstone's Commentaries because that was just too cool to take out).Opinion, pp. 18-20.  Thus, because the Debtor had the ability to pay its creditors in full according to their contracts, it was required to do so. Trump Appointee Says Not SoJudge Andrew Oldham, a Trump appointee, dissented. He wrote:The majority correctly concludes that the Make-Whole Amount is unmatured interest in disguise. And it acknowledges that the Bankruptcy Code bars all unmatured interest. See 11 U.S.C. § 502(b)(2). In my view, it necessarily follows that the Code bars the Make-Whole Amount. The majority nevertheless holds that an unwritten solvent-debtor exception “operates in this case to suspend § 502(b)(2)’s disallowance of [the] Make-Whole Amount.” I recognize that the majority is attempting to faithfully apply confusing Supreme Court precedent in a difficult case. But the clear statutory text governing this issue compels me to respectfully dissentOpinion, p. 35.Take-AwaysThe first and easiest take-away is that Make-Whole Amounts are not allowed claims in the Fifth Circuit absent a solvent debtor. This will help to eliminate these claims in most cases.Second, this case illustrates the tension between two different forms of statutory interpretation: text and pre-Code practice. These two schools of thought are illustrated by two Supreme Court decisions. In United States v. Ron Pair Enterprises, Inc., 489 U.S. 235 (1989), the Court held that oversecured creditors were only entitled to costs and fees arising under a contract and not under a statute. It reached this decision, in part, on the placement of a comma within 11 U.S.C. Sec. 506(b).  In contract, Dewsnup v. Timm, 502 U.S. 410 (1992) held that a lien passed through Chapter 7 unaffected even though a code provision appeared to reduce the amount of the lien to the value of the collateral. The Court relied on pre-Code practice to reach this result in apparent derogation of the statutory text.A cynic might argue that resort to pre-Code practice allows a judge to disregard reasonably clear Code text whenever he doesn't like the result. After all, in this case, the Bankruptcy Code provision of  11 U.S.C. Sec. 502(b)(1) said that Make Whole Amounts are not allowed while 11 U.S.C. Sec. 726(a)(5) set the interest rate for a solvent estate at the federal judgment rate. Judge Oldham thought this was a clear repudiation of the pre-Code practice. His colleagues in the majority, Judges Elrod and Jolly, thought otherwise.  In support of her historical approach, Judge Elrod, writing for the majority appealed to Antonin Scalia, who offered supporting words in a book he wrote on statutory interpretation who said “the good textualist is not a literalist”.  As long as the Supreme Court allows resort to pre-Code practice, clever lawyers faced with inconvenient text will do well to crack open Blackstone's Commentaries and look for a different result. The final take-away is that judges are not slaves to the ideology of the President who appointed them, especially when dealing with cases that are technical and apolitical. In this case, Judge Jennifer Elrod, appointed by President George W. Bush, and Judge Grady Jolly, appointed by President Ronald Reagan, ruled in favor of the creditors in their quest for payment of their full interest. Judge Andrew Oldham, appointed by President Trump, took the opposite position. Three judges appointed by Republican Presidents disagreed on how the law should be applied in this particular case.  

If you plan to apply for disability benefits in Pennsylvania, hiring an experienced lawyer is important. Without an attorney by your side, you might have to wait longer to get the disability benefits you need to support you and your family. After applying for Social Security Disability Insurance (SSDI) benefits, Pennsylvania applicants can expect to wait three to five months before they hear back from the Social Security Administration (SSA). If your initial claim is denied, you can request a review within 60 days of rejection. The appeals process can be lengthy, often taking months or even years to complete. This can negatively impact Pennsylvania families in need of a reliable income. In order to speed up the entire process, Pennsylvania applicants can hire an experienced disability lawyer to help them get the benefits they deserve. Our attorneys are here to help Pennsylvania residents take advantage of the disability benefits available to them. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. How Long Does it Take to File for Disability Benefits in Pennsylvania? Before you can start receiving disability benefits in Pennsylvania, you must apply for them. In order to apply for benefits, you must gather the necessary information. It can take days, even weeks, for SSDI applicants to source the proper financial and medical records required by the Social Security Administration. To speed up the preparation process, applicants can turn to an experienced Pennsylvania disability lawyer. In order to successfully apply for disability benefits in Pennsylvania, applicants must gather the necessary information regarding their work history and medical condition. The SSA may also require certain personal details from SSDI applicants. The following are some common records and information SSDI applicants should gather when preparing a disability benefits application in Pennsylvania: Birth certificate Social Security Number Proof of U.S. citizenship S. military discharge papers W-2 forms from the last year Self-employment tax returns from the last year Medical records Award letters Pay stubs Proof of Workers’ Compensation benefits In addition to providing certain documentation, applicants must also be prepared to answer certain questions about their finances, health, and personal lives. Your family history, marriage, children, previous occupation, and other facts about your life are all fair game. After you submit an initial application, the SSA might request an interview. During this interview with an SSA representative, it is important that you have an experienced Philadelphia disability lawyer by your side. In addition to helping you prepare the necessary documentation for your SSDI benefits application, your attorney can help you prepare for any questions an SSA representative may ask you during an interview. Preparing to apply for SSDI benefits is a crucial process. Because of the high volume of documents and records required by the SSA, victims may have difficulty sourcing the necessary information themselves. Your attorney can help you compile the right records so that your SSDI application is thorough and accurate. What is the Waiting Period for a Disability Claim Review in Pennsylvania? Once you have applied for Social Security Disability Insurance benefits in Pennsylvania, it may be several months before you hear back from the SSA. While it’s normal to wait a few months before hearing back about a claim’s approval, waiting too long can cause financial strain for Pennsylvania families. If your claim seems to be unnecessarily delayed, reach out to an attorney right away. Generally, it takes about three to five months to hear back from the Social Security Administration regarding an SSDI benefits application. Those months can be grueling for Pennsylvania residents, unable to work and unsure of where their next paycheck will come from. If it has been several months since you submitted an application for SSDI benefits and you still have not received a decision from the SSA, reach out to an attorney. Your lawyer can get in contact with the Social Security Administration to inquire about the delay. Miscommunication, such as missed phone calls or letters, can delay claims. Your attorney can get to the bottom of the situation and help you straighten things out with the Social Security Administration so that your SSDI benefits application gets reviewed and approved as quickly as possible. Remember, at any point during the review process, an SSA representative might reach out with additional questions. An interview might lengthen your claim’s review period, so it is important to determine an interview date as quickly as possible. If the SSA sends you an interview request, pass that request along to your attorney. A Bucks County disability lawyer can schedule an interview promptly so that it does not delay your claim’s review. How Long Do Pennsylvania Disability Applicants Have to Appeal a Denied Claim? In the unfortunate circumstance that the Social Security Administration denies your application for SSDI benefits, it’s important to act quickly. Pennsylvania applicants only have a certain amount of time to appeal a decision. If you don’t begin the appeals process quickly, your access to benefits may be at risk. Hearing that your disability benefit application was denied can be disheartening. You may be concerned and unsure how you will support your family after getting rejected by the SSA. The good news is Pennsylvania residents have an opportunity to appeal an initial rejection. However, the time period they have to do so is quite short. If your SSDI application is denied, you will only have 60 days to begin the appeals process. This two-month period is not a very long amount of time for Pennsylvania applicants to review the SSA’s reasons for rejection and gather the necessary information to counter those reasons. In order to request an appeal within the necessary timeframe, hire an attorney. Your lawyer can identify potential issues with your initial application so that you can ultimately get the SSDI benefits you deserve. Remember, Pennsylvania SSDI applicants have just 60 days after being notified of a rejected application to request an appeal from the Social Security Administration. Don’t hesitate to enlist help from an attorney, as failure to file an appeal within the necessary timeframe could cause you to lose access to SSDI benefits. What is the Waiting Period for a Disability Claim Appeal in Pennsylvania? The appeals process for rejected SSDI applications is lengthy. Depending on the current influx of appeals and the success of your appeal, it might be months, even years, before your case is settled. To speed up the process and your chances of success, hire a Pennsylvania disability lawyer to help you appeal your rejected SSDI application. Depending on the reasons for a denial, applicants may have to complete various forms and compile additional information outlining their eligibility for SSDI benefits. For example, if you were denied because of your medical condition, you will need to complete Form SSA-3441 and Form SSA-827. If the basis for an appeal is because you disagree with a non-medical decision cited by the SSA as a reason for rejection, you must use Form SSA-561. Pennsylvania applicants can mail completed appeal forms to the SSA, or complete the necessary forms online. Your attorney can help you identify the right forms to complete based on SSA’s reason for rejecting your application. There are four potential stages in the appeals process for rejected SSDI claims. The first stage is reconsideration. With an attorney by your side, reconsideration may be successful, meaning you will be granted benefits and the appeals process will be over for your case. If reconsideration is unsuccessful, you may have to move forward with a hearing by an administrative law judge. This hearing is followed by a review with the SSA’s Appeals Council, which is followed federal court review. All in all, the appeals process for denied SSDI benefits applications can take several years. Each stage in the process can take months, leaving Pennsylvania residents without sufficient income during that time. This is unacceptable for many Pennsylvania families. To quicken the appeals process and prevent your claim from getting rejected altogether, reach out to a Bensalem disability lawyer. The right attorney can help you get through the appeals process quickly so that you get access to the SSDI benefits you need as soon as possible. What is the Average Waiting Period to Receive Disability Payments in Pennsylvania? Once your SSDI benefits application has been approved, it may be some time before you start receiving monthly payments. That’s because the SSA wants to be absolutely sure you need and qualify for SSDI benefits before it starts sending you regular checks. Generally, there is a five-month waiting period until Pennsylvania residents start getting SSDI benefits after they have been approved, with exceptions. This waiting period exists so that the SSA can verify your need for monthly payments and that your disability has not improved, which would make you ineligible for SSDI benefits. There are exceptions to this waiting period for SSDI applicants with certain medical conditions. For example, Pennsylvanians with amyotrophic lateral sclerosis, more commonly referred to as ALS, can start getting their monthly benefits almost immediately after a claim has been approved. To learn whether or not this exception to the general waiting period applies to your case, ask your Pennsylvania disability lawyer for clarification. The exact day of the month you receive your SSDI benefits will depend on the day you were born. The following is the current SSDI payment schedule: Those born on the 1st through the 10th receive payments on the second Wednesday of each month Those born on the 11th through the 20th receive payments on the third Wednesday of each month Those born on the 21st through the 31st receive payments on the fourth Wednesday of each month If you’re receiving SSDI payments through a parent’s earning record, you will get your monthly benefit according to your parent’s birthday. If it has been more than five months since your SSDI benefits application was approved and you have not received your first payment, reach out to an attorney. Your Levittown, PA disability lawyer can get in touch with the necessary parties at the Social Security Administration to inquire about the delay. How Can You Get Disability Benefits Faster in Pennsylvania? Waiting too long to get the SSDI benefits they deserve can negatively impact Pennsylvania applicants and their families. Unable to work because of a medical condition, injury, or disability, Pennsylvania SSDI applicants often can’t afford to have a claim delayed or rejected. To get disability benefits faster in Pennsylvania, applicants can hire an experienced attorney. A skilled disability lawyer can help you properly complete your SSDI benefits application so it gets approved sooner. Your attorney can help you prepare the necessary documents and information required by the SSA and anticipate any additional records that may be requested during the review process. In addition, a Montgomery County disability lawyer can advise you to continue getting the necessary medical care so that there is continuous documentation of your condition in case the SSA calls your eligibility into question. Your attorney can help you navigate interviews with SSA representatives during the initial review process and during continuing disability reviews over the years. An experienced lawyer can help you speed up the appeals process if your initial application is denied so that you don’t have to wait longer than necessary to get the benefits you deserve. When Pennsylvania residents attempt to apply for SSDI benefits without a lawyer by their side, their claims may be more likely to be denied. Hiring an attorney from the beginning can result in a sound initial application that contains all the necessary information and demonstrates your eligibility for SSDI benefits. This can help you avoid potential delays, like unnecessary interviews and lengthy appeals, so you can start getting your monthly SSDI benefit checks as soon as possible. Ask Our Pennsylvania Lawyers About Disability Benefits Today If you need assistance applying for disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Northeast Philadelphia disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.