A bill to amend the Justice for United States Victims of State Sponsored Terrorism Act to provide rules for payments to Havlish Settling Judgment Creditors.
This bill would amend the Justice for United States Victims of State Sponsored Terrorism Act (JVSSTA) to create and codify specific rules for Havlish Settling Judgment Creditors. Havlish creditors are those who held, or hold, claims arising from the September 11 attacks and were identified in the 2014 court order in the In re 650 Fifth Avenue case. The core purpose is to grant these creditors special treatment in the Fund distribution process: they would be exempt from certain limitations, have funds already allocated to them released from escrow, and retain the right to participate in future rounds of Fund payments on the same basis as other claimants. The bill also retroactively applies these changes to December 29, 2022. In short, the bill aims to ensure Havlish creditors receive and maintain access to Fund payments with protections that differ from other claimants, aligning with a long-standing court order and past arrangements.
Key Points
- 1Creates an exception for Havlish Settling Judgment Creditors from certain distribution rules under the Fund, including their eligibility and participation in the Fund’s payment process.
- 2Requires the release and full payment of all funds allocated to Havlish creditors that were previously held in escrow or withheld under conditional payment processes.
- 3Ensures Havlish creditors are eligible to participate in future rounds of Fund payments in the same way as other eligible victims and claimants (paragraphs (10)-(14) of subsection (j)), regardless of any prior conditional payment applications.
- 4Defines “Havlish Settling Judgment Creditor” as a claimant with an eligible claim arising from the September 11 attacks, identified in the April 16, 2014 Order in In re 650 Fifth Avenue and Related Properties, No. 08-CV-10934 (S.D.N.Y.).
- 5Effective date retroactive to December 29, 2022, meaning the changes are treated as if enacted on that date.