Preventing Manipulation of Subchapter V: Challenging Eligibility for the Election and Projected Disposable Income
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address how creditors can prevent the manipulation of Subchapter V by challenging the election eligibility and by paying careful attention to the projected disposable income. The panel will discuss options for small businesses after the Bankruptcy Threshold Adjustment and Technical Corrections Act, guide counsel through eligibility requirements under Subchapter V, and review risks related to the projected disposable income standard for confirmation.
Outline
- Overview of options for small business
- Challenging eligibility
- Challenging projected disposable income
Benefits
The panel will discuss these and other complex and critical issues:
- Does a U.S. subsidiary of a parent company that is publicly traded on a foreign exchange qualify for Subchapter V?
- Would foreign-owned U.S. subsidiaries funded by their foreign parent be eligible under Subchapter V?
- What debts are counted in the debt limit?
- What options exist for challenging whether claims are liquidated or contingent?
- How should projected disposable income be calculated?
Faculty
Ivan M. Gold
Of Counsel
Allen Matkins Leck Gamble Mallory & Natsis
Mr. Gold is of counsel in our San Francisco office. He represents clients in all areas of real estate-related... | Read More
Mr. Gold is of counsel in our San Francisco office. He represents clients in all areas of real estate-related litigation in state and federal courts, as well as contested matters and adversary proceedings in bankruptcy court. Mr. Gold has extensive experience in breach of lease and unlawful detainer litigation and pre-litigation counseling and negotiation involving a wide variety of commercial real estate, including neighborhood and regional shopping centers, office buildings, warehouse and industrial properties, data centers, restaurants, and hotels. Ivan represents shopping center developers and landlords of office and data center properties in major bankruptcy proceedings throughout the United States. He has utilized alternative dispute resolution in a wide variety of disputes, including arbitration, mediation and private judge proceedings.
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Adam R. Prescott
Shareholder
Bernstein Shur Sawyer & Nelson
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing,... | Read More
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing, retail, technology, transportation, and banking, Mr. Prescott helps businesses and individuals accomplish their goals by working closely with his clients and their advisors to understand the specifics of each situation and provide creative, cost-effective solutions to complex problems, both inside and outside of the courtroom.
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Jennifer D. Raviele
Special Counsel
Kelley Drye & Warren
Ms. Raviele focuses her practice on bankruptcy – specifically on representing creditors in Chapter 11 and Chapter... | Read More
Ms. Raviele focuses her practice on bankruptcy – specifically on representing creditors in Chapter 11 and Chapter 7 bankruptcy proceedings and out-of-court restructurings.
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