Subchapter V Reorganization for Individuals: Eliminating the Absolute Priority Rule
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Primary advantages of Subchapter V over Chapter11
- Limitations on eligibility
- Role of Sub V trustee
- Plan deadlines and other mandatory procedures
- Confirmation issues
- Remedies upon plan default
Benefits
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?
Faculty
Leon S. Jones
Partner
Jones & Walden
Before forming Jones & Walden, LLC, Mr. Jones worked at such Georgia firms as the Macon office of Arnall, Golden... | Read More
Before forming Jones & Walden, LLC, Mr. Jones worked at such Georgia firms as the Macon office of Arnall, Golden & Gregory; Burton & Anderson; and Lawson, Davis, Pickren & Seydell. He has served as lead counsel in numerous commercial trials and evidentiary hearings. Mr. Jones also has extensive experience in post-judgment collection matters. In addition to his law practice in the courts of the State of Georgia, he has litigated in the Bankruptcy Courts for the Northern, Middle, and Southern Districts of Georgia. Mr. Jones has lectured extensively regarding bankruptcy and related litigation, and he speaks often to various trade groups on issues involving bankruptcy related topics. He has a particular focus on individual Chapter 11 cases and fraudulent transfer law.
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Sari B. Placona
Partner
McManimon, Scotland & Baumann
Ms. Placona concentrates her practice in the areas of corporate restructuring, bankruptcy, debtor/creditor rights,... | Read More
Ms. Placona concentrates her practice in the areas of corporate restructuring, bankruptcy, debtor/creditor rights, assignments for the benefit of creditors, and commercial litigation. She represents Chapter 11 and 7 debtors, trustees, receivers, assignees, and creditors. She prosecutes and defends preference and fraudulent conveyance complaints.
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Thomas McClendon
Partner
Jones & Walden
Mr. McClendon focuses his practice on representing all parties in Chapter 11 reorganizations and other bankruptcy... | Read More
Mr. McClendon focuses his practice on representing all parties in Chapter 11 reorganizations and other bankruptcy cases, corporate workouts, and general business litigation.
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