Small Business

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.

This panel will consider the status of and current issues surrounding subchapter V, and predict where subchapter V is going based on recent decisions and trends. Key issues to be addressed include eligibility and debt limits, bar dates, confirmation, corporate discharges, the role and powers of the trustee, and more!

This panel will introduce attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists will cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also will compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.

This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

In April 2023, ABI created the Subchapter V Task Force, which was charged with reviewing the implementation and administration of subchapter V. After almost a year of study and public hearings, the task force has issued its report and recommendations, which include statutory changes. This session will discuss the task force’s report and recommendations.

This panel will explore plan-confirmation considerations for chapter 11 debtors in small business cases compared to those debtors that have elected to proceed under subchapter V, with a focus on comparing the cramdown requirements and select plan-confirmation issues.