Small Business

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Prepacks and Subchapter V: An Uneasy Fit/Subchapter V Filings

Aug 2024

Bankruptcy Code

1182

1126

Topic Tags

Plan Confirmation

Practice and Procedure

Business Reorganization

Small Business

Thursday, June 20, 2024

Article Tags

Legislation

Business Reorganization

Small Business

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Corporate Debts in Sub V Can Be Nondischargeable, Judge Says, Differing with His BAP

Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.

Court :

9th Circuit

Oregon

An ‘Admin’ Claim Isn’t Mandated for Nonpayment of Rent Before Automatic Rejection

To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.

Court :

3rd Circuit

New Jersey