Small Business

Join this accomplished panel of subchapter V trustees, financial advisors and one inquisitive judge as they discuss emerging trends related to the fair-and-equitable standard, including post-confirmation expenses (anticipated and otherwise), fluctuations in income, and other variables in the context of nonconsensual plans. This session emphasizes the critical role of financial advisers and subchapter V trustees with respect to a debtor's projected disposable income, as well as the creative financial alternatives that can be considered to fairly account for post-confirmation uncertainties.

In this session, trustees of all types — chapter 7, subchapter V, chapter 12 and chapter 13, together with an attorney for court-appointed fiduciaries and liquidating trustees — share their perspectives on the commonalities and differences under each chapter. The panelists discuss how to avoid common mistakes and offer tips for success for counsel to debtors and creditors. Is the trustee a friend or foe? What if a case converts from one chapter to another? Can a subchapter V trustee act as a mediator? What happens if a trustee suspects fraud? Do trustees have any discretionary powers? Join us and find out!

This panel will explore the critical issues surrounding plan confirmation under subchapter V. Topics will include the interpretation of “fair and equitable” standards, the role of the subchapter V trustee, the debtor’s obligation to pay disposable income, and the potential for disputes over feasibility and good faith. The discussion also will address recent case law, practical tips for navigating confirmation challenges, and strategies for resolving disputes to achieve a successful plan confirmation. Attendees will gain valuable insights into how to approach confirmation in subchapter V cases, with a focus on practical solutions to common problems and the latest developments in the field. This session is essential for attorneys, trustees and other professionals involved in small business bankruptcies who are looking to deepen their understanding of subchapter V and improve their practice in this evolving area.

Hosted by ABI's Business Reorganization and Legislation Committees The increased debt limit applicable to subchapter V cases expired in June 2024. This webinar, hosted by ABI's Business Reorganization and Legislation Committees, will examine the effects of the increased debt limit's expiration, where small business debtors and their attorneys can go from here, best practices and potential workarounds, prospects for further congressional action and more.

This panel will explore key eligibility and plan confirmation issues in subchapter V cases, including what the lower debt threshold means for potential subchapter V debtors, their creditors and subchapter V trustees, as well as important considerations for facilitating and consummating a successful subchapter V plan.

This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.

This panel will discuss and analyze current notable business and consumer bankruptcy cases.

This panel will provide an overview and discussion of the current status of the law on subchapter V, including any recent legislation and the ABI Subchapter V Task Force's Final Report. The panelists will cover such key legal issues as eligibility, plan confirmation and other topics, the role of the subchapter V trustee both during the case and after plan confirmation, and important post-confirmation issues such as plan defaults and reporting.

This panel will discuss the factors that attorneys who represent debtors should consider in deciding whether to file chapter 7, chapter 13 or subchapter V cases for their individual clients.