Small Business

Post-Petition or ‘Evergreen’ Retainers Are Permissible in Subchapter V, Judge Isicoff Says

A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.

A Homeowners’ Association Is Not a ‘SARE’ and Is Eligible for Sub V of Chapter 11

A homeowners’ association is not a single asset real estate debtor because the HOA’s income doesn’t come from the common areas but from assessments paid by unit owners.

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Bill Rochelle’s Top 10 Daily Wires

Mediation in Subchapter V Cases

The Fair-and-Equitable Standard in Subchapter V: Avoiding or Navigating a Contested Confirmation

To Dismiss for ‘Loss or Diminution,’ the Focus Is on Losses After Filing, BAP Says

Losses before filing or during prior aborted reorganizations do not control dismissal of a new reorganization for ‘continuing loss or diminution,’ First Circuit BAP says.

In Sub V, No Compensation for a Rehearing Motion Contrary to Circuit Authority

After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.

Texas Courts Are Split on Ignoring Nonvoting Classes in Confirming a Sub V Plan

A bankruptcy judge in San Antonio disagreed with two bankruptcy judges in Houston by holding that a nonvoting class is equivalent to rejecting a plan in Subchapter V of chapter 11.

Bankruptcy Wage Orders - Employers & Trustees, Working Together

Employers often receive the wage orders when an employee files for bankruptcy. For the employer, it can be complex and challenging to understand all the various requirements in processing the automatic stay, implementing the wage withholding and sending the payments on to the Trustee's. In this session, you will hear insight, challenges and best practices when processing wage orders from employers and Trustees. Working together and open communication is key to a successful process. Participants will better understand the challenges employers face in implementing wage orders. The relationship between the trustee and the employer are critical to ensuring the process is accurate and efficient. Creditor Suggested Speakers Corrinne Flores corrinne.flores@adp.com ADP, INC (employer service provider)