Small Business

Thursday, June 13, 2024

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Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21

One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.

Court :

Federal Circuit

Tuesday, June 11, 2024

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Small Business

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Subchapter V Issues

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Early Edition with Bill Rochelle

Bankruptcy Code

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Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

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Professional Compensation/Fees

Venue/Jurisdiction

Discharge/Dischargeability

International Insolvency

Mass Torts

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To amend the Bankruptcy Threshold Adjustment and Technical Corrections Act to extend bankruptcy eligibility requirements for an additional 2-year period.

Thursday, August 7, 2025

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Legislation

Consumer Bankruptcy

Business Reorganization

Small Business

Full bill text.

Three Years Is the ‘Default’ Duration for a Subchapter V Plan, Judge Robinson Says

The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.

Court :

5th Circuit

Texas

Texas Western District

Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor

Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.

Court :

5th Circuit

Texas

Texas Southern District

Landing the Plane: Dealing with post-confirmation events in a subchapter V case

So the case is confirmed... but the "life" of the business (or the person) continues and "life" happens.... Default in payments, death, disability, inheritance are just a few of the many topics this panel could cover, particularly noting the differences (if any) between those events in a "consensual" versus "nonconsensual" case. Other David Cox david@coxlawgroup.com Cox Law Group, PLLC

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