The SBA’s Rules Exclude Bankruptcy Debtors from Relief Under the Paycheck Protection Program
USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA)
It is well settled that the purpose of filing a bankruptcy petition is to “give[] the honest but unfortunate debtor . . . a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.” Local Loan Co. v. Hunt, 292 U.S. 234, (1934). A debtor’s discharge in bankruptcy, and the corresponding injunction provisions of the Bankruptcy Code, are the two primary elements that effectuate this financial fresh start.Chapman v. Bituminous Ins. Co. (In re Coho Res., Inc.), 345 F.3d 338, 342 (5th Cir. 2003).