Rochelle's Daily Wire

ABI Exclusive

March 13, 2023

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

February 17, 2023

A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.

December 20, 2022

Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.

November 16, 2022

The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

August 9, 2022

After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.

July 7, 2022

Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.

June 16, 2022

Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.

June 10, 2022

Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

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.