New York 2025-2026 Regular Session

New York Assembly Bill A00343

Introduced
1/8/25  
Refer
1/8/25  

Caption

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

Summary

Bill A00343, known as the 'save merchants and retail tenants (SMART) act', aims to establish a temporary state assistance fund to provide legal counsel for small businesses undergoing bankruptcy proceedings, specifically under chapter eleven of the federal bankruptcy code. This initiative targets businesses adversely affected by COVID-19 and public health restrictions, allowing them access to necessary legal services as they navigate bankruptcy filings. The bill outlines the roles and responsibilities of the New York office of court administration as the administrator of this fund, ensuring that legal services are provided to eligible businesses until their bankruptcy proceedings conclude or are dismissed.

Impact

The passage of this bill would create a new section in the executive law, establishing a dedicated fund for legal services in bankruptcy cases. This would directly impact small businesses, not-for-profit corporations, and other entities that meet the criteria of being adversely affected by the pandemic. By providing legal counsel, the bill aims to facilitate smoother bankruptcy processes for these businesses, potentially aiding in their recovery and sustainability in the post-pandemic economy.

Sentiment

The sentiment surrounding Bill A00343 appears to be supportive, particularly among those advocating for small businesses and economic recovery post-COVID-19. However, there may be concerns regarding the adequacy of funding and the effectiveness of the legal services provided, as well as the potential administrative burden on the New York office of court administration.

Contention

Notable points of contention may arise regarding the scope of businesses eligible for assistance, as well as the adequacy of the funding allocated to the program. Some stakeholders may argue that the criteria for 'covered businesses' could exclude certain entities that also suffered during the pandemic, while others may question whether the legal services provided will be sufficient to meet the needs of all applicants.

Companion Bills

NY S06447

Same As Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

Previously Filed As

NY A00368

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

NY S03033

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

NY S06447

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

NY S09756

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

NY SF0005

AN ACT relating to counties; authorizing county memorial hospitals and hospital districts to file for bankruptcy under chapter 9 of the United States bankruptcy code as specified; and providing for an effective date.

NY SB3424

Bankruptcy Administration Improvement Act of 2025

NY SB1659

Bankruptcy Administration Improvement Act of 2025

NY HB3867

Bankruptcy Administration Improvement Act of 2025

NY HB1631

In judgments and other liens, providing for bankruptcy exemption.

NY HB3212

LOCAL GOV BANKRUPTCY NEUT EVAL

Similar Bills

No similar bills found.