Subchapter V

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.

In small business cases, controlling administrative costs can make or break a successful outcome. This panel focuses on practical strategies to streamline proceedings, including creative motions and targeted plan provisions designed to reduce estate expenses. The panelists share efficient approaches, cost-saving techniques and real-world examples to help practitioners maximize value while minimizing administrative burden.Learning Objectives:Attendees will identify opportunities to reduce administrative expenses and improve efficiency in small business bankruptcy cases.Attendees will analyze the use of creative motions, targeted plan provisions and other procedural tools to streamline case administration.Attendees will apply practical cost-saving strategies to maximize value for debtors, creditors and other stakeholders.

This panel examines the unique challenges that Merchant Cash Advances (MCAs) present in subchapter V bankruptcy cases, including disputes over characterization as true sales versus disguised loans. The panelists discuss how courts have analyzed MCA agreements, the implications of recharacterization, and the impact on creditor rights and debtor restructuring efforts. Attendees will gain insight into emerging case law, confirmation issues, and strategies for addressing MCA claims pre-filing and within the subchapter V framework.Learning Objectives:Attendees will analyze how merchant cash advance (MCA) transactions are characterized in Subchapter V bankruptcy cases and evaluate the legal factors courts use to distinguish true sales from disguised loans.Attendees will identify and assess recent case law developments involving MCA agreements, including the implications of recharacterization determinations on creditors’ rights and debtors’ restructuring efforts.Attendees will apply practical strategies for addressing MCA-related claims, confirmation issues, and litigation considerations both before filing and throughout the Subchapter V bankruptcy process.

This session will explore how subchapter V operates in practice, with a focus on eligibility and debt limits, plan confirmation requirements, and the critical role of trustees. The panelists will discuss recent legal developments shaping the evolving landscape of small business reorganization, and provide practical strategies for navigating these changes effectively.Learning Objectives:Attendees will identify the current debt eligibility requirements for Subchapter V, analyze key ambiguities in plan confirmation (including, for instance the treatment of vacant classes, the three-to-five year disposable income commitment, and the availability of discharge for corporate entity debtors). Participants should come away with tools to apply that knowledge to advise small business clients considering reorganization and help participants recognize circumstances where their clients may be eligible.Attendees will assess current empirical data on Subchapter V confirmation rates and repeat filings, identify best practices for quality filings and effective use of local court forms, and understand the unique challenges presented by pro se debtors in the Subchapter V context.

This panel will provide attendees with strategies to handle complex issues that can arise in consumer cases – sometimes common, sometimes not. Topics that will be covered include UCC-1 fixture filings, multi-filers, extensions or imposition of the automatic stay, and when a debtor should consider filing a Chapter 11 petition under Subchapter V. The panel will also discuss recent trends in consumer cases.

In this session, the panel will discuss recent developments in Sub-V cases as well as common issues that arise from the perspective of the practitioner, Sub-V Trustee and Judge.

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

This panel will navigate the evolving landscape of subchapter V bankruptcy with expert insights into strategies that protect your clients’ interests. The panelists will examine critical eligibility requirements — including debt caps, the “engaged in commercial or business activities” standard, and strategic timing considerations — while exploring the unique role of the subchapter V trustee in facilitating reorganization. Discover how recent circuit court splits on corporate discharge exceptions and projected disposable income requirements are reshaping case outcomes. Whether you are new to subchapter V or seeking innovative approaches to common challenges, you’ll gain practical strategies for both debtors and creditors, from pre-filing planning and eligibility pivots to confirmation tactics and § 523 litigation. Learn how to leverage — or defend against — the streamlined procedures that make subchapter V an increasingly attractive option for small business restructurings.

Hosted by the Commercial and Regulatory Law Committee. This webinar will address emerging subchapter V issues and best practices from the perspectives of the debtor and secured and unsecured creditors. The panelists will discuss debtor eligibility for subchapter V, dischargeability of debts through subchapter V, the effects of § 1111(b) elections by secured creditors on subchapter V cases, and subchapter V plan cramdowns.

This lively panel of bankruptcy judges will debate the most pressing and controversial issues shaping bankruptcy law today. Gain unique insights from the bench on evolving case law, procedural challenges and emerging trends affecting practitioners across the bankruptcy spectrum.