Small Business

How the Demise of SVB and Its VC Affiliates May Impact Startups

Sept 2023

All Future Liability on a Lease Counted for Subchapter V Eligibility

Future liability on a lease was counted as a liquidated, noncontingent debt in calculating whether the Subchapter V debtor had more than $7.5 million in debt.

Untangling the Sub V Eligibility Criteria for Individual Debtors

Oct 2023

Bridging the Gaps: Issues of First Impression in Subchapter V Cases, and How Courts and Practitioners Are Creatively Resolving Them

Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable

Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.

Anatomy of a Small- to Middle-Market Restructuring in Today’s New World