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Creditor Strategies Under the Small Business Reorganization Act Detailed in Summer ABI Law Review

Alexandria, Va. — Creditors will have to develop a new playbook for small business debtors because of subchapter V elections ushered in by the Small Business Reorganization Act of 2019 (SBRA), according to an article in the Summer 2020 edition of the American Bankruptcy Institute (ABI) Law Review (Volume 28, No. 2). “The contents of this playbook depend greatly on how debtors use subchapter V, how trustees play their role under it, and how judges interpret it,” writes Prof. Christopher G. Bradley of the University of Kentucky's Rosenberg College of Law (Lexington, Ky.) in his article “The New Small Business Bankruptcy Game: Strategies for Creditors Under the Small Business Reorganization Act.” Bradley’s article presents a preliminary strategic analysis of the subchapter V provision of SBRA from the perspective of creditors that will be affected by it.

Other articles included in the Summer 2020 ABI Law Review include:

  • “The Supreme Court, Dischargeability and Actual Fraud” by Prof. David Gray Carlson of Cardozo Law (New York).
  • “Poking at Preference Actions: SBRA Amendments Signal the Need for Change” by Prof. Brook E. Gotberg of the University of Missouri School of Law (Columbia, Mo.).
  • “The Geography of Bankruptcy in Australia” by Dr. Lucinda O'Brien, Dr. Malcolm Anderson and Prof. Ian Ramsay of Melbourne Law School at the University of Melbourne.
  • “Disclosure Requirements for Reorganization Consultants Under the Bankruptcy Code” by Frank Pecorelli of St. John's University School of Law (New York) and recipient of the 2020 American Bankruptcy Institute Medal for Excellence in Bankruptcy Studies.

 

ABI’s Law Review, published in conjunction with St. John’s University School of Law in Jamaica, N.Y., is among the most cited and respected scholarly publications in the bankruptcy community. Now in its 28th year, it has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency issues, including chapter 11 reform, distressed sectors, single-asset cases, consumer bankruptcy, revised Article 9 of the Uniform Commercial Code and other topics.

Members of the press looking to obtain any of the articles from the Summer 2020 issue should contact John Hartgen at 703-894-5935 or jh[email protected]

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

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