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ABI Journal

May 19, 2021

West Virginia Judge Allows Conversion to Subchapter V After Deadlines Passed

When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

4th Circuit, West Virginia, West Virginia Southern District

May 10, 2021

Subchapter V by Itself Doesn’t Bar Class Claims, Florida Judge Says

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

11th Circuit, Florida, Florida Middle District

April 27, 2021

Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

10th Circuit, Utah

April 23, 2021

Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization

Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.

11th Circuit, Florida, Florida Middle District

April 21, 2021

Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

10th Circuit, Colorado

March 24, 2021

Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts

Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).

4th Circuit, Maryland

March 08, 2021

Split Grows on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

5th Circuit, Texas, Texas Northern District

January 07, 2021

Dissolved Corporation May Not File to Reorganize in Chapter 11, Only to Liquidate

Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.

5th Circuit, Texas, Texas Southern District

December 29, 2020

Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans

The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.

11th Circuit

December 11, 2020

Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.

8th Circuit, Missouri, Missouri Western District