Rochelle's Daily Wire

ABI Exclusive

May 13, 2022

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.

May 3, 2022

The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.

April 28, 2022

Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.

March 18, 2022

The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’

February 17, 2022

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

December 21, 2021

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

November 2, 2021

If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”

November 1, 2021

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

September 15, 2021

Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?

August 26, 2021

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

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