Small Business

Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.

A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says

The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.

District Judge Barred Redesignation to SBRA in a Case Pending 16 Months

Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.