Αποτελέσματα Αναζήτησης
Subchapter V of the Bankruptcy Code (11 U.S.C. §§ 1181–95) went into effect on February 19, 2020 to provide small business debtors with a more streamlined path to restructuring debt. 1 Since Subchapter V was enacted and debtors have tested out the process,
Subchapter V debtors are more likely to have fewer resources for adequate bankruptcy reporting and drafting plan budgets. If debtor’s financial books and records are incomplete or disorganized, it could have an immediate impact on the success of the case and potentially lead to dismissal or conversion.
In a subchapter V case, consensual confirmation under § 1191(a) results in a discharge under § 1141(d)(1). A corporation’s discharge under § 1141(d)(1) is not subject to the § 523(a) exceptions. When confirmation occurs under the cramdown provisions of § 1191(b), however, § 1141(d) does not apply. § 1181(c).
Introduction. The Small Business Reorganization Act of 2019 (“SBRA”), effective February 19, 2020, enacts a new subchapter V of chapter 11 and makes conforming changes in several provisions of the Bankruptcy Code and title 28. (Guide Part I).
In our current Bankruptcy Code, we have half a dozen or more “avoiding powers,” most of which are the progeny of this overruling amendment. Each of these avoiding powers is codified in chapter 5 of the Bankruptcy Code (and are thus sometimes referred to as “chapter 5 causes of actions”). Explaining the various avoiding
Introduction. The Small Business Reorganization Act of 2019 (“SBRA”), effective February 19, 2020, enacted a new subchapter V of chapter 11 (§§ 1181-95) and made conforming changes in several provisions of the Bankruptcy Code and title 28. (Guide Part I).
Under the House amendment, as under present law, a corporation seeking reorganization under chapter 11 is considered to be personally before the bankruptcy court for purposes of giving that court jurisdiction over the debtor's personal liability for a nondischargeable tax.
