Creditor

9th Circumscription Subchapter V of the case clarifies the commitment periods

By Allison P. Spencer
By Brian Shaw and David Doyle (July 6, 2022, 2:22 p.m. EDT) — More than two years have passed since the Small Business Reorganization Act came into effect and its flagship achievement, Subchapter V of the bankruptcy code.[1]

Available only to small business debtors, Subchapter V offers a reduced and simplified alternative to a traditional Chapter 11 reorganization.[2]

One of the most sweeping changes to Subchapter V concerns its standards for suppression, or the confirmation of a plan despite the objection of a dissident class of creditors.

Unlike a traditional Chapter 11, the absolute priority rule does not apply in a Subchapter V case.[3][4] A business owner can keep his interest in the debtor…

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Allison P. Spencer
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