Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle & Friends
To Count in Subchapter V, Loans Need Not Benefit Only the Small Business Debtor
If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”
Court:
Current Issues and Practice in Subchapter V Cases
Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.