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Small Business Reorganization

Affirmance Shows that Merit Management Has Been Gutted in the Second Circuit

Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

Come Together: The Unique Role of Subchapter V Trustees and the Cautionary Tale of 218 Jackson

Nov 2021

Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

Subchapter V Trustee Removed for an Undisclosed Conflict of Interest

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

First Look at Small Business Reorganization Act Cases

Intersection of Divorce and Bankruptcy

COVID-19: Infecting Employment Issues in Bankruptcy

Judicial Roundtable (2021 Southwest Bankruptcy Conference)