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Overview of Subchapter V
This panel will feature discussions of subchapter V vs. chapter 13, and their corresponding unique elements and deadlines.
Considerations for Winding Up a Business: A Conversation with Your Client
This session will provide a checklist of the topics to address with the management of a failing business in that first meeting with the client.
Great Debates
Resolved: Bankruptcy courts do not have the authority to approve nonconsensual releases of direct claimsheld by third parties against nondebtors as part of a chapter 11 plan or reorganization. Pro: Hon. Eugene R.Wedoff (ret.); Con: Marshall S. Huebner
Resolved: Trustee requests of debtors for documents andinformation beyond that already required by the Code and Rules should not be routinely undertaken, butinstead should be limited to inquiries suggested by issues arising in specific cases. Pro: Tiffany L. Carroll;Con: Gary R. Stickell
Resolved: The Seventh Circuit was wrong in Sheehan v. Breccia Unlimited Co. (In reSheehan), 21-2946 (7th Cir. Sept. 9, 2022), when it barred U.S. bankruptcy courts from stopping foreigncreditors from taking action against a debtor’s assets abroad when the U.S. court has no general or specificpersonal jurisdiction over the creditors. Pro: Hon. Christopher S. Sontchi (ret.); Con: Hon. David R. Jones.
150 Days in the Life of a Subchapter V Bankruptcy
Featuring the perspectives of the debtor, creditor, subchapter V trustee and the bench, this session willconsider the life cycle of a small business reorganization. Beginning 30 days before the debtor files itspetition, continuing through the 90-day plan filing deadline and hurtling toward confirmation, the panelistswill discuss pre-bankruptcy planning and negotiation, debate eligibility and case-management issues,consider best practices for utilizing a subchapter V trustee throughout the case, and highlight tips and trapsof plan formulation, contested confirmation hearings and post-effective-date matters.
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