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The Expiration of the Increased Subchapter V Debt Limit and Its Impact on Small Business Debtors

March 2024

Bankruptcy Code

1182

1189

Topic Tags

Legislation

Practical and Emerging Issues in Subchapter V

Bankruptcy Code

Topics

For ‘Sub V’ Eligibility, Count the Debt of Affiliates Liquidating in Chapter 7

Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.

Court :

11th Circuit

Georgia

Georgia Northern District

Benchnotes February 2024

Bankruptcy Code

Topic Tags

Alternative Dispute Resolution

Automatic Stay

Claims

Ethics

Executory Contracts/Leases

Practice and Procedure

Professional Compensation/Fees

Venue/Jurisdiction

Discharge/Dischargeability

Courts Are Split on Counting Future Rent Toward the $7.5 Million Debt Cap in Sub V

If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.

Court :

2nd Circuit

New York

New York Southern District

Subchapter V: Cutting-Edge Issues

Bankruptcy Code

Topics

Judicial Debate: Tough Issues in Subchapter V Cases

Bankruptcy Code

Topics

The Coexistence Conundrum: Sub V and Small Business Cases

Bankruptcy Code

Topic Tags

13 or V? Putting Your Debtor in the Right Case Anerio

Bankruptcy Code

Topics

America Now!

Bankruptcy Code

Topics

Business Reorganization

International Insolvency

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