Small Business Reorganization Act (SBRA)

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

Sponsored by the Consumer Bankruptcy Committee ABI's Consumer Bankruptcy Committee is presenting this webinar, moderated by Committee Co-Chair Jon J. Lieberman of Sottile & Barile, Attorneys at Law, and featuring Hon. Allan C. Stout of the Western District of Kentucky, Chapter 7 Trustee Hannah W. Hutman of Hoover Penrod PLC, Chapter 7 Trustee Richard D. Nelson of Todd, Kite & Stanford LLC, and Keith J. Larson of Seiller Waterman, LLC. The panelists will discuss a range of issues surrounding the trustee program, including tips and strategies for both debtor and creditor attorneys in working with case trustees, the current state of chapter 7 trustee compensation and why compensation reform may be needed, and the impact the COVID-19 pandemic is having on everything from 341 exams to the retention and recruitment of chapter 7 trustees. The panelists will also discuss the role of the trustee in subchapter V cases under the SBRA, including trustee compensation.

More than 14 years after Congress amended the Bankruptcy Code to provide special rules and procedures for “small business debtors,” it enacted the Small Business Reorganization Act of 2019. In the wake of the economic damage caused by COVID-19 and the necessary governmental response, Congress then amended the SBRA in the CARES Act to raise the debt limit to $7.5 million (subject to a possible one-year sunset). How will the SBRA change your practice? With a $7.5 million debt limit, standing trustees, a streamlined reorganization process, the elimination of the absolute priority rule and § 1129(a)(10), and the possible modification of certain mortgages, the SBRA presents new opportunities for small business debtors and their stakeholders. This panel will take a look at cases under the new law in its early days, as well as how it impacts eligible individual debtors (and their creditors).

Hosted by the Young and New Member Committee The panel will discuss the Small Business Reorganization Act’s requirement that a trustee (or debtor-in-possession) take into account a defendant’s defenses before bringing an action. This amendment, which is applicable in all cases, requires the plaintiff to engage in reasonable due diligence regarding a defendant’s affirmative defenses before initiating a preference action. The panel will discuss different approaches to satisfy the new requirement.

Join our panel of experts as they explore the recently enacted provisions within the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to temporarily raise the debt limit for small businesses looking to file under the new subchapter V of the Small Business Reorganization Act of 2019 (SBRA). In addition, the panel will explain how these new laws help people in chapter 13 by allowing them more time to complete their plans and retain government benefits.

The long countdown to the Small Business Reorganization Act (SBRA) is over! The law takes effect on February 19. Thousands of struggling small businesses will now have a faster, cheaper and more efficient process for filing Chapter 11. SBRA includes several significant changes to current law. Join our panel to update your legal toolbox so you’ll be ready when businesses come calling. Learn more at: https://www.abi.org/sbra