Small Business Reorganization Act: Chapter 11 Procedures for Small Business Bankruptcies
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine the new Small Business Reorganization Act of 2019 (SBRA) after almost one year, and its ramifications for small businesses under Chapter 11. The panel discussion will include the CARES Act's effect on eligibility, the streamlined reorganization procedures outlined in the new Subchapter V, and emerging issues concerning the Paycheck Protection Plan (PPP) debt forgiveness provisions.
- Definition of a small business debtor
- Appointment and role of trustee
- Powers and duties of the debtor in possession
- Creditors committee
- Property of the estate
- Filing of plan and solicitation
- Confirmation of plan
- Modification of plan
- Proposed bankruptcy rules
- Amendments to preference provisions
The panel will review these and other critical issues:
- Can the SBA deny PPP or other benefits solely becuase the borrower is in bankruptcy?
- Can debtors use PPP proceeds or other CARES Act benefits to fund a Subchapter V reorganziation?
- What issues in small business reorganizations under Chapter 11 does SBRA attempt to address?
- How is a "small business debtor" defined under SBRA, and how can it impact the administration of a small business case?
- What are the features of new Subchapter V that streamline the reorganization process for a small business debtor?
- What does SBRA say about the absolute priority rule?
Jeffrey T. Kucera
Mr. Kucera helps clients to enforce, interpret, restructure, and renegotiate lending arrangements. He is a litigator... | Read More
Mr. Kucera helps clients to enforce, interpret, restructure, and renegotiate lending arrangements. He is a litigator who focuses his practice on Bankruptcy, Debtors’ and Creditors’ Rights, and Commercial Litigation before U.S. District Courts and U.S. Bankruptcy Courts nationwide, as well as circuit courts throughout the state.Close
William L. Norton, III
Mr. Norton focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases, creditor... | Read More
Mr. Norton focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases, creditor rights and insolvency. With more than 25 years of practice, he has represented just about every kind of client interest expected in bankruptcy cases. His main focus now is Chapter 11 business cases – representing debtors, secured creditors, unsecured creditors, committees and trustees.Close