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

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.

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

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.