Rochelle's Daily Wire

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

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

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.

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

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.’

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

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

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.”

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

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