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ABI Journal: Subchapter V Might Not Be So Bad: Subchapter V Tools from a Secured Creditor’s Perspective
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Under subchapter V, § 1191 provides that secured creditors remain entitled to the same benefits of the bargain that they had in a regular chapter 11 case under § 1129(b)(2)(A). Thus, where a subchapter V debtor cannot obtain full consent for its plan, § 1191(b) allows for confirmation of a nonconsensual plan and cramdown without any votes, as long as the plan does not discriminate unfairly against any impaired, nonconsenting class and is fair and equitable regarding each class of impaired claims or interests that has rejected the plan. READ MORE
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 | | Editor's Picks |
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Analysis: Why the D-FW Business Bankruptcy Rate Is the Highest Since the Great Recession
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Fueled by financial distress in the health care and hospitality industries, a record number of businesses filed for bankruptcy in the Northern District of Texas federal courts during the first six months of 2025, according to the Dallas Morning News analysis. New Texas Lawbook data shows that 622 companies and their affiliated businesses sought protection to restructure under chapter 11 in the Texas bankruptcy courts between Jan. 1 and June 30 — more than any other state by a large margin. (Subscription required.) READ MORE
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U.S. Appeals Court Strikes Down SEC Rule on 'Audit Trail' Funding
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A federal appeals court on Friday struck down 2023 regulations adopted by the U.S. Securities and Exchange Commission on funding a comprehensive market surveillance system, finding that Wall Street's top regulator had not provided a sufficient basis for allowing stock exchanges to pass on its costs to their members, Reuters reported. READ MORE
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U.S. and EU Avert Trade War with 15% Tariff Deal
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The U.S. struck a framework trade agreement with the European Union yesterday, Reuters reported. The deal, which comes after months of negotiations, imposes a 15% import tariff on most EU goods, which is half the rate U.S. President Donald Trump previously threatened. READ MORE
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Midwest Regional Bankruptcy Seminar
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The Westin Cincinnati
August 12 | Cincinnati, Ohio
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Mid-Atlantic Bankruptcy Workshop
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August 18-20 | Hershey, Pa.
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 | | Daily Roundup |
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Bankrupt City of Chester Fights over a Prized Asset: Its Water
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The bankrupt city of Chester in Pennsylvania is embroiled in a fierce battle over one of its most valuable assets: the city’s more than 150-year-old water system that pits residents against retirees. Chester filed for chapter 9 bankruptcy in 2022, but has struggled to chart a path back to solvency amid disagreements over what to do with its water utility, which serves roughly 200,000 people in the city and surrounding areas. (Subscription required.) READ MORE
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U.S. Business Equipment Spending Appears to Have Slowed Sharply in Second Quarter
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New orders for key U.S.-manufactured capital goods unexpectedly fell in June while shipments of those products increased moderately, suggesting that business spending on equipment slowed considerably in the second quarter, Reuters reported. Front-loading of activity ahead of President Donald Trump's aggressive and broad tariffs on imports resulted in business spending on equipment growing in the first quarter at the fastest pace since the third quarter of 2020. READ MORE
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Fed Expected to Keep Rates Unchanged as It Sifts Through Mixed Economic Data
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The U.S. central bank, to President Donald Trump's chagrin, will likely leave interest rates unchanged at a policy meeting this week, but that's not to say there won't be a vigorous debate, with one if not two Federal Reserve governors possibly casting a rare dissent in support of lower borrowing costs, Reuters reported. The majority of Fed policymakers, though, remain concerned that Trump's tariffs could undo progress on bringing inflation back to the central bank's 2% goal, outweighing for now worries about the labor market. READ MORE
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