Small Business Reorganization Act: Chapter 11 Procedures for Small Business Bankruptcies

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, January 5, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will examine the Small Business Reorganization Act of 2019 (SBRA) and its ramifications for small businesses under Chapter 11. The panel will highlight emerging issues and developing case law, the streamlined reorganization procedures outlined in Subchapter V, and review when amendments to the Bankruptcy Code under the CARES Act and the COVID-19 Bankruptcy Relief Extension Act (the Extension Act) expire.

Description

The SBRA became effective Feb. 19, 2020, and represented a substantial bankruptcy law and practice change for small business debtors. Bankruptcy counsel need a thorough understanding of the new Subchapter V and the options available to debtors.

Subchapter V offers a more straightforward and cheaper path to reorganization and does not require a creditors' committee or disclosure statement except by court order for cause and does not incur U.S. trustee fees. Perhaps more significantly, the absolute priority rule is abrogated, and a confirmation plan will be deemed fair and equitable to objecting unsecured creditors if the debtor pays projected disposable income to be received over at least three years.

Listen as our authoritative panel highlights the changes to bankruptcy practice resulting from SBRA and the emerging issues in litigation.

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Outline

  1. Definition of a small business debtor
  2. Appointment and role of trustee
  3. Powers and duties of the debtor in possession
  4. Creditors committee
  5. Property of the estate
  6. Filing of plan and solicitation
  7. Confirmation of plan
  8. Modification of plan
  9. Discharge
  10. Proposed bankruptcy rules
  11. Amendments to preference provisions

Benefits

The panel will review these and other critical issues:

  • When will amendments to the Bankruptcy Code under the CARES Act and the Extension Act expire?
  • What does SBRA attempt to address for small business reorganizations under Chapter 11?
  • How have the courts interpreted the eligibility requirements for a Subchapter V election?
  • What has been the role of trustees in Subchapter V cases?
  • What are the new Subchapter V features that streamline the reorganization process for a small business debtor?
  • What issues have debtors faced in getting Subchapter V plans approved?

Faculty

Kucera, Jeffrey
Jeffrey T. Kucera

Partner
K&L Gates

Mr. Kucera helps clients to enforce, interpret, restructure, and renegotiate lending arrangements. He is a litigator...  |  Read More

Norton, William
William L. Norton, III

Partner
Bradley

Mr. Norton focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases, creditor...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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