Small Business

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.

Attendees will work through case problems in small judge-led groups.

This panel will discuss subchapter V updates, including dischargeability, voting and other issues, and will feature a Showdown at the Supremes discussion on Purdue Pharma, as well as a point/counterpoint talk on merchant cash advances (MCAs) and their related bankruptcy issues.

Judicial Debate: Tough Issues in Subchapter V Cases Past Presidents Debate: The Efficacy of Third Party Releases

As subchapter V use increases across the country, the courts continue to interpret and explore the bounds of the statute. This panel will discuss the emerging issues being addressed by practitioners and the courts, including developing eligibility questions and the varied applications of the statute to different and unique debtor situations, and will provide a review of the timeliest opinions that are impacting debtors and creditors in these proceedings.

Subchapter V arrived in 2020, offering qualifying individuals a restructuring alternative to standard chapter 11 and chapter 13. So what are consumer bankruptcy lawyers so afraid of?! This panel will review the differences between chapter 13 and subchapter V by looking at eligibility and reporting requirements, estate administration, and the nuanced differences of plan confirmation and discharge in each chapter. The panelists also will compare and contrast chapter 13 and subchapter V trustees, and will use several hypotheticals to highlight how a debtor’s particular circumstances will ultimately determine the choice between a 13 or a V.