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Subchapter V Update
This panel will highlight some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists will present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists will discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios.
ABI-Live: Litigating Claims by Trustees: Avoiding Pitfalls at Plan Confirmation and the Investigation Phase
ABI and Reid Collins & Tsai LLP have joined together to present a three-part webinar series focusing on recurring issues that arise in post-bankruptcy litigation involving trustees, and how to set up trustees for success in pursuing litigation claims. This session, the second in the series, is being presented in partnership with ABI's Commercial Fraud Committee.
Post-Filing Issue-Spotting
Sometimes a bankruptcy case isn’t over when it’s over, especially when certain issues arise (like the debtor suddenly “discovering” a bank account he or she forgot to “mention”). Learn how to navigate some of the most common post-filing problems that can crop up.
Defending a 523/727 Action
Bankruptcy discharges go to “honest but unfortunate debtors,” but creditors (because they want their money!) don’t always give up their quests to extract money, even after a bankruptcy case concludes. These useful case examples will guide practitioners through a survey of the most common quarrels over discharges and exceptions.
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