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Subchapter V Reorganization for Individuals: Eliminating the Absolute Priority Rule

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 13, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will plumb the nuances of individual reorganizations under Subchapter V of Chapter 11 of the Bankruptcy Code. The panel will guide both debtor and creditor counsel through the advantages and disadvantages of Subchapter V, plan creation, eligibility restrictions and traps, post-petition retention of non-exempt property, discharge, and remedies after default.


Subchapter V is increasingly important for individual debtors (and their creditors) whose debt burden prevents them from using Chapter 13. Subchapter V rewrites the rules for cramdown and eliminates the absolute priority rule in most cases. Recent amendments to the Bankruptcy Rules clarify Sub V debtor's duties and rights.

Nonetheless, debtors must successfully traverse the gauntlet of eligibility limitations and fast deadlines. The goal of the case is a consensual plan, and the Sub V trustee is a critical mediator between the debtor and creditors.

With no Chapter 7-like trustee and no creditors' committee to provide oversight of the debtor's decisions, creditors must understand Sub V, or else they could be caught flat-footed in these fast-moving cases.

Listen as this panel of bankruptcy experts guides counsel through how debtors and creditors can get the best result when individual debtors elect Subchapter V.



  1. Primary advantages of Subchapter V over Chapter11
  2. Limitations on eligibility
  3. Role of Sub V trustee
  4. Plan deadlines and other mandatory procedures
  5. Confirmation issues
  6. Remedies upon plan default


The panel will guide counsel on these and other key issues:

  • Did the 2022 amendments to the Bankruptcy Rules change Subchapter V?
  • What relief is there for individuals who have guaranteed business loans?
  • Did Subchapter V dispense with or must modify the absolute priority rule?


Jones, Leon
Leon S. Jones

Jones & Walden

Before forming Jones & Walden, LLC, Mr. Jones worked at such Georgia firms as the Macon office of Arnall, Golden...  |  Read More

Placona, Sari
Sari B. Placona

McManimon, Scotland & Baumann

Ms. Placona concentrates her practice in the areas of corporate restructuring, bankruptcy, debtor/creditor rights,...  |  Read More

McClendon, Thomas
Thomas McClendon

Jones & Walden

Mr. McClendon focuses his practice on representing all parties in Chapter 11 reorganizations and other bankruptcy...  |  Read More

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