As a collection and banking attorney, I am often asked whether (or when) I think collections will restart now that we are somewhat beyond COVID-19, although not fully. In my own practice I have seen an increase in demand letters to businesses and consumers for past due accounts or debts. Banks and businesses need to start collecting past due accounts and my sense is a slew of consumer and commercial collections are forthcoming in 2024, though it wont be anything like the financial crisis of 2008.
During COVID-19, and thereafter, federal and/or state/local exemptions and protections were implemented by the government for debtors, borrowers, and consumers. Some protections, like the federal moratorium on residential evictions, ended on or before August 26, 2021 (and in 2021). There were also the PPP loan monies allocated to certain businesses, much of which was forgiven (or otherwise went uncollected). Nearly two years later, there are no longer any protections in place, except for the COVID-19 student loan forbearance (pause), which ends on September 1, 2023. On September 1, 2023, interest resumes and payments will be due beginning in October 2023.
As a short case study, I analyzed a few clients who are either residential/commercial landlords or otherwise what I could call in the business of collections (ex: banks, businesses, etc.). Looking into one of our residential landlord clients, there were nearly 20 evictions filed after the end of the eviction moratorium date and prior to the end of 2021. In 2022, 38 evictions were filed for the same client, and to date, there have been 17 residential evictions filed in 2023. It appears that they are starting to trickle in for both residential and commercial clients but leading with commercial clients and properties.
With regard to commercial and consumer collections, there was definitely a halt during COVID-19 in 2020 and continuing into 2021, especially against consumers. One of my collection clients filed only twelve lawsuits against consumers during the year 2021. In 2022, there were approximately twenty-five general consumer and/or commercial collections lawsuits filed by a client who does commercial and consumer collections. Generally speaking, I would assert that most of these collection lawsuits were commercial collections against businesses (instead of consumer collections for loans, credit accounts, or other consumer collection actions). Many of the lawsuits were for notes, mortgages, and enforcement of security agreements against businesses that had failed or were failing.
Delaying a collection or calling a debt due has its disadvantages. Most notes and contracts are written to protect lenders from waiving any rights to collection or enforcement of their notes, even if they postpone collection actions or calling a default. A common defense to a collection action that seems delayed is laches. Merriam-Webster defines laches as, negligence in the observance of duty or opportunity specifically: undue delay in asserting a legal right or privilege. Commonly referred to as No Waiver by Lender in documents, this section in the contract allows lenders and creditors to not waive their rights to collection or enforcement of documents, even if there is some sort of delay (intentional or unintentional) in the commencement of a collection or enforcement action. Taking special note of the term undue delay, a court will also evaluate whether the debtor is prejudiced by said delay in its decision if laches applies as a defense or proven cause of action against a lender. Based on what Im seeing in my practice, I would even go so far as recommending starting the process of collecting, as laches is a real defense to delays in collections and has even been seen more recently asserted as a cause of action.
As collection attorneys, we are continually trying to predict when debts will start being collected in this post-COVID-19 era. I do note that based on my personal and professional experiences, commercial collections have required far more demand letters than consumer collections. However, is it because commercial collections are somewhat more straightforward and not governed by the Fair Debt Collection Practices Act (FDCPA) or the Wisconsin Consumer Act? Or is it because the entities collecting consumer protections are still holding back enforcement of loan documents to give consumers more time? Whatever the reason, lets hope that all collection and lending attorneys are aware that there is at least one potential consequence to sitting on the past-due debts of consumers and entities.
2023 The Business News. Northcentral and Westcentral editions. Reprinted with permission.
Six indicted by grand jury in $240K Covid-19 fraud conspiracy case in Kansas City
Updated: 4:33 PM CDT Oct 24, 2023
Six people were indicted Tuesday in a conspiracy to defraud the Paycheck Protection Program. Those indicted include four Missouri residents: Renetta Golden-Larimore, 54, - Kansas City, MissouriTajona Manning, 31, - Kansas City, MissouriTashawn Mayfield, 24, - Kansas City, MissouriCamonte Henderson, 25, - Raytown, Mo.Quinniece Smith, 33, - Dallas, TexasDannisha Taylor, 32, - New Orleans, LouisianaAccording to court documents, the conspiracy spanned from March 2021 to January 2022 where the defendants allegedly submitted counterfeit PPP loan applications totaling $240,000. The indictment claims that Golden-Larimore prepared and submitted the fraudulent applications on behalf of the co-conspirators. Documents claim she received between $2,000 to $7,000 as payment from the loan proceeds. She's accused of creating fake IRS forms for fake businesses and exaggerated the income of existing businesses.The indictment states that Manning, Mayfield, Henderson, Smith, and Taylor received a PPP loan amounting to $20,832. Golden-Larimore also faces charges from an April 26, 2023, federal indictment related to a similar conspiracy that led to nearly $250,000 in deceptive PPP loans being awarded to a dozen individuals in the Kansas City area.
Six people were indicted Tuesday in a conspiracy to defraud the Paycheck Protection Program.
Those indicted include four Missouri residents:
According to court documents, the conspiracy spanned from March 2021 to January 2022 where the defendants allegedly submitted counterfeit PPP loan applications totaling $240,000.
The indictment claims that Golden-Larimore prepared and submitted the fraudulent applications on behalf of the co-conspirators.
Documents claim she received between $2,000 to $7,000 as payment from the loan proceeds.
She's accused of creating fake IRS forms for fake businesses and exaggerated the income of existing businesses.
The indictment states that Manning, Mayfield, Henderson, Smith, and Taylor received a PPP loan amounting to $20,832.
Golden-Larimore also faces charges from an April 26, 2023, federal indictment related to a similar conspiracy that led to nearly $250,000 in deceptive PPP loans being awarded to a dozen individuals in the Kansas City area.
The incidence rate of abortions decreased during the COVID-19 pandemic, mainly driven by procedural abortions, according to a study published online Oct. 24 in the Annals of Internal Medicine.
Catherine S. Hwang, M.D., from Brigham and Women's Hospital and Harvard Medical School in Boston, and colleagues estimated changes in the incidence rate of induced medical and procedural abortions in a cross-sectional study involving reproductive-aged commercially insured women in the United States. The monthly age-adjusted incidence rates were measured among women aged 15 to 44 years from January 2018 to June 2022.
The researchers found that the estimated age-adjusted monthly incidence rate of abortions was 151 per million women in January 2018, with equal rates of medical and procedural abortions. An immediate 14% decrease was seen in the monthly incidence rate of abortions after March 2020 (21 per million women), driven by a 31% decline in procedural abortions (22 per million women). Of the medical abortions, fewer than 4% each month were administered by telehealth.
"Our findings suggest that expanded commercial insurance coverage for telehealth abortions could provide an important opportunity to expand access to abortion care, particularly as some states restrict the delivery of abortion services," the authors write.
More information: Catherine S. Hwang et al, Changes in Induced Medical and Procedural Abortion Rates in a Commercially Insured Population, 2018 to 2022, Annals of Internal Medicine (2023). DOI: 10.7326/M23-1609
Jennifer L. Michener et al, Abortion Trends Amid Restrictions in a Commercially Insured U.S. Population: An Opportunity for Internal Medicine Physicians, Annals of Internal Medicine (2023). DOI: 10.7326/M23-2582
Journal information: Annals of Internal Medicine
NEW YORK (23 October 2023) As the world emerges from the Covid-19 crisis, life has got harder for people as living standards fall, debt payments cannot be made and debt bonds and currencies are being devalued, a UN expert said today.
When the COVID-19 pandemic spread across the world, the achievement of the Sustainable Development Goals was already behind schedule and the pandemic then crippled these efforts, said Attiya Waris, UN Independent Expert on foreign debt, in areportto the UN General Assembly. We are now emerging from this crisis, and yet standards of living continue to drop, debt interest is not being paid, countries debt bonds are being declared as having junk status, currencies are being devalued, and life has become harder for people across the world, she said.
In a world of multiple crises, the Independent Experts report addresses interventions already in place that need to be strengthened and other, newer ones, that need to be urgently implemented to prevent adverse impacts on human rights across countries.
Waris highlighted that global poverty had increased for the first time in 20 years. The fiscal implications of COVID-19 included the loss of millions of jobs which disproportionately affect those in situations of vulnerability.
Climate change, pollution and loss of biodiversity have adverse impacts on human rights. The impact of weather-related disasters on acute food insecurity has intensified. Seven hundred million people could be displaced by severe water scarcity by 2030, the expert said.
People uprooted from their homes are among the most vulnerable to acute food security and malnutrition. Out of around 21 million refugees and 4 million asylum seekers globally in 2021, over 60 percent were hosted in food-crisis countries/territories, Waris said.
As a matter of priority, the UN expert recommended that States and the international community prevent the creation of artificial crises and adopt a rights-based approach to the economy, a progressive tax system to increase fiscal revenues for State, systemic sustainability and financing of equal access to public services, particularly in the areas of health, education, and pensions. She also called on multilateral organisations to increase concessional lending capacity, revise financing conditions, and extend repayment terms.
She stressed the need for an international approach to fiscal matters, foreign debt and international financial obligations. The establishment of a global fiscal authority, with an international tax cooperation framework through a multilateral instrument is essential for States to respond to polycrises, Waris said.
ENDS
Ms Attiya Waris(Kenya) is theIndependent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights
The Independent Experts are part of what is known as theSpecial Proceduresof the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
Jakarta. The Jakarta Health Department has reported five new cases of monkeypox in DKI Jakarta, bringing the total number of cases to 12.
Head of Surveillance, Epidemiology, and Immunization Section at Jakarta's Health Department, Ngabila, revealed that out of the current 13 confirmed monkeypox cases in DKI Jakarta, one individual had recovered in August. The remaining 12 patients are currently being treated in hospitals or undergoing isolation to curb the spread of the disease.
In response to the rising number of monkeypox cases, the Jakarta Health Department has initiated a vaccination campaign targeting 500 vulnerable individuals. The campaign began on Monday and will continue for a week. Each person is given two doses with a four-week interval. Indonesia currently has 1,000 doses of the Monkeypox vaccine in stock.
Ngabila emphasized the importance of adopting a healthy lifestyle and avoiding risky behaviors, including sexual promiscuity, as part of the disease prevention measures. Additionally, he advised people to avoid open wounds and broken skin contact.
Siti Nadia Tarmizi, the Head of the Communication and Public Service Bureau at the Ministry of Health, added that all the current positive cases are males aged between 25 and 35, and they do not appear to have any connections to each other.
Fatal cases are relatively rare, occurring in less than 1% of reported cases. Monkeypox symptoms is characterized by the appearance of lesions and red rashes, along with symptoms including fever, swollen lymph nodes, sore throat, myalgia, rashes, and difficulty swallowing.
The patient lived in Long An Province that borders HCMC and was admitted to the HCMC Hospital for Tropical Diseases after getting fevers and blisters for nine days, vice director of the HCMC Department of Health Nguyen Van Vinh Chau said Wednesday. He later tested positive for monkeypox.
The patient also had a severely compromised immune system due to HIV. During treatments, he was infected with Candida, had pneumonia, which later progressed into septic shock and multiple organ failure.
The patient was treated with ventilators, blood filtration, antibiotics and other drugs. However, due to his severe infections, the patient died after 18 days.
The man is the first recorded monkeypox death in both HCMC and Vietnam.
The HCMC Hospital for Tropical Diseases is currently treating 20 cases of monkeypox, 18 of whom also have HIV. Doctors said monkeypox spread to people in ways similar to HIV, including contact with infected blisters and sexual intercourse.
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Those who contract monkeypox usually recover, but the disease often progress, even to life-threatening degrees for those with compromised immune systems, such as people with HIV/AIDS, cirrhosis or diabetes. Severe complications include widespread damage on the skin, especially at the mouth, eyes and genitalia, leading to further infections.
Waves of monkeypox infections began in May 2022, appearing in countries which never saw the virus before, like the U.S., the U.K., Sweden and Belgium. So far, over 90,000 infected cases have been confirmed. Death rates can be as high as 11%. The World Health Organization (WHO) on July 23, 2022 declared a global health emergency over monkeypox outbreak as infections rose globally.
Vietnam's first two cases of monkeypox were confirmed in October 2022, but they contracted the virus abroad after returning from Dubai, and were immediately quarantined upon return to Vietnam.
The country currently has no vaccine or cure for monkeypox.
(NEXSTAR) — There’s a chill in the air and, depending on where you live, there may even be snow in the forecast. Sure, that could be a sign that the holidays are around the corner, but it also means cold and flu season is knocking on our doorsteps.
With that, of course, comes the push to get vaccines, whether that be for the flu or the latest COVID booster.
But, if you meet certain criteria, you may be due for more than one or two shots.
Let’s start with the obvious: the flu vaccine.
The season’s flu vaccine was released last month, and according to the CDC, as many as 170 million doses are expected to be dispersed. As usual, the CDC is recommending everyone 6 months old and older (unless you’re allergic to the ingredients or have had an adverse effect to a previous vaccine) get the single-dose shot. For the first time, the CDC is recommending a higher dose flu vaccine for those who are 65 years old and older.
While you’re getting your flu shot, health experts also suggest getting your COVID booster.
The updated boosters were approved for nearly all Americans in September. Like the flu vaccine, the COVID booster is available to anyone 6 months old and older — the Food and Drug Administration has not yet approved a vaccine dose for the youngest Americans.
You can get both the flu shot and COVID booster at the same time. If you are eligible, you could get a third vaccine in the same appointment: the RSV vaccine.
Earlier this year, the FDA approved the first-ever vaccine to prevent RSV, or respiratory syncytial virus, in older adults.
“The RSV vaccine is very specifically for adults who are aged 60 and older,” Dr. Keri Althoff, an epidemiologist at the Johns Hopkins Bloomberg School of Public Health, previously told Nexstar.
People who are between 32 and 36 weeks pregnant may also receive the vaccine, according to the CDC.
In August, the FDA approved the first vaccine to prevent RSV in infants. The vaccine is intended for pregnant women in their third trimester,
CDC recommendations say infants younger than 8 months born during or entering their first RSV season and those between 8 and 19 months who are at an increased risk for severe RSV disease and entering their second RSV season can receive one dose of this vaccine.
RSV causes cold-like symptoms in most people, but can be more severe for infants, young children, older adults, and those with weakened immune systems. CDC estimates say as many as 10,000 people over the age of 65 are killed each year by the virus.
That staggering statistic is why the vaccine is limited in availability.
There are, of course, other vaccines you may be encouraged to get by your healthcare provider.
You can review vaccine recommendations from the CDC here, which include the aforementioned shots, routine vaccines, and those that can vary based on age, life events, travel, and health conditions.
Alix Martichoux contributed to this report.
Influenza vaccines (Creative Commons photo)
Alaskas chief medical officer, Anne Zink, is urging people to get the flu vaccine this month to protect themselves against an early season.
Early flu is looking rough in Alaska, Zink said. What weve seen is a real uptick in the last couple of weeks, for influenza.
She said the department often recommends people get the flu vaccine before Halloween. The slogan is Flu Before Boo and this year Zink said she thinks thats a good goal.
She said its hard to predict what the flu season will look like this year, but shes concerned. She said last year there was an early flu season and later there were high numbers of cases of Respiratory Syncytial Virus or RSV, flu, and COVID. That surge threatened hospital capacity in the state last winter.
When we get a lot of viruses all at once, we can really overwhelm our limited healthcare capacity system within the state, said Zink.
But Zink said there are more immunizations than ever available for respiratory illnesses. This year is the first year an immunization for RSV is available for newborn babies up to eight months old. Last year was the first year older adults could get a vaccine for RSV. This year, there are two RSV vaccines for adults over the age of 60, and a vaccine available for pregnant women so they can pass immunity to their child. And Zink said, in addition to flu shots, people at greater risk for severe symptoms can take treatments like Tamiflu within the first two days of symptoms to reduce severity.
RELATED: Staffing shortages at Alaska pharmacies continue after pandemic-related shakeup
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doctor morning desk Alena Kryazheva - stock.adobe.com
Flu vaccine at home
The U.S. Food and Drug Administration is reviewing an application for an at home nasal spray flu vaccine called FluMist. It has been on the market since 2003. One of the things weve learned from the pandemic is that actually people can do things for themselves, they can take maybe more responsibility for their own health care in their own hands than perhaps we realized or even thought possible, AstraZenecas Dr. Lisa Glasser said in a statement.
14-year-old invents cancer-treating soap
A 14-year-old was named Americas Top Young Scientist after inventing a bar of soap that treats skin cancer. Heman Bekele, a ninth grader from Virginia, was presented the award by 3M and Discovery Education. The award is one of the most prestigious middle school science competitions.
NP inappropriate prescribing levels no higher than physicians
Nurse practitioners are no more likely to prescribe inappropriately to older adults than physicians, new research shows. The study examined Medicare Part D beneficiaries aged 65 and up in 2013 to 2019. The authors concluded by saying the study adds to growing evidence indicating that when prescriptive authority is expanded to include NPs, these new prescribers do not perform worse than physicians."
