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Overview
The Small Business Reorganization Act of 2019 created a new Subchapter V under Chapter 11 for small businesses. Additionally, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") includes temporary modifications to Subchapter V cases. The panel will review this new law including debt limits, considerations as to when to elect Subchapter V, the role of the Trustee, plan confirmation issues, and small business debtor special powers, including when a debtor can modify a principal residence mortgage.
In this One-Hour Briefing, the Honorable Nancy Hershey Lord, EDNY Bankruptcy Judge; the Honorable Elizabeth S. Stong, EDNY Bankruptcy Judge; William K. Harrington, United States Trustee; and Rachel S. Blumenfeld, the Law Office of Rachel S. Blumenfeld PLLC will explore the following topics:
- Pre-filing analysis, and eligibility/filing requirements of filing a Subchapter V Chapter 11 case
- The primary differences between Chapter 13 and Subchapter V under Chapter 11
- Step by step process of a Subchapter V Case under Chapter 11
- The role of the Chapter 11 Trustee in Subchapter V cases
- Best practices in Subchapter V cases
Program Level: Update
Intended Audience: Outside attorneys, in-house counsel, compliance officers, financial advisors, bankers, bankruptcy and accounting professionals and other allied professionals
Prerequisites: None
Advanced Preparation: None