1182 | ABI

Eligible or Ineligible Debt? Further Developments in the Definition of the Subchapter V Debt Limitation

Bankruptcy Code

Topic Tags

Judicial Roundtables: Problems, Problems, Problems

Bankruptcy Code

Topics

Bankruptcy Litigation

Practice and Procedure

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Circuit Splits & Hot Topics with Bill Rochelle

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

International Insolvency

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Subchapter V

Bankruptcy Code

Topics

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Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility

The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.

Court :

Virginia Western District

Benchnotes July 2023

Bankruptcy Code

11 U.S.C. § 363(m)

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Student Loans Didn’t Qualify as Commercial Debt for Sub V Eligibility

The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.

Court :

Benchnotes June 2023

Bankruptcy Code

11 U.S.C. § 363(m)

11 U.S.C. § 365

11 U.S.C. § 544

Topic Tags

Executory Contracts/Leases

Fraudulent Transfers

Consumer Bankruptcy

Discharge/Dischargeability

Legislative Update

Bankruptcy Code

Topics

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Subchapter V Sale Cases

Bankruptcy Code

Topics

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