District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.
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Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.
Creditors often feel they have little to no leverage in Subchapter V cases. But is that necessarily the case? This panel would focus on strategies for approaching Subchapter V cases from a creditor's prospective.
The session would give lawyers tools for counseling their clients through Subchapter V, particularly given most creditors' lawyers feel there are little to no options.
Creditor
Timothy
Anzenberger
tim.anzenberger@arlaw.com
Adams and Reese LLP
The Small Business Reorganization Act of 2019, also known as SBRA (Pub. L. No. 116-54), became effective on Feb. 19, 2020. This legislation allows a small business debtor to choose, during the filing process, to proceed under subchapter V within chapter 11.