Small Business

A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion

Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.

What Consumer Practitioners Need to Know About Business Bankruptcy

Navigating the Current Developments and Shoals of Subchapter V Cases

Eligibility for Subchapter V: The Meaning of “Engaged in Commercial or Business Activity”

June 2025

Removal of the Subchapter V DIP: A Road to Nowhere?

Oct 2024

Section 1111(b) Election in Subchapter V

Sept 2024

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

Aug 2024

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.