The Small Business Reorganization Act of 2019 (SBRA) became effective on the eve of the economic free fall stemming from the COVID-19 pandemic. Longleaf Law Partner’s bankruptcy law expert, Cindy G. Oliver, explains the new law in our 13-part series, Bankruptcy Buzz. Part 13 of 13: A small business debtor under Subchapter V of Chapter 11 can modify a secured creditor’s rights if the claim is secured by a lien on the debtor’s principal residence and the […]
Archives for 2020
Administrative Claims May be Paid Over Time in a Subchapter V Small Business Bankruptcy Case
The Small Business Reorganization Act of 2019 (SBRA) became effective on the eve of the economic free fall stemming from the COVID-19 pandemic. Longleaf Law Partner’s bankruptcy law expert, Cindy G. Oliver, explains the new law in our 13-part series, Bankruptcy Buzz. Part 12 of 13: A sometimes insurmountable hurdle for Chapter 11 debtors is the requirement that the Chapter 11 administrative claims must be paid in full by the effective date of the plan, as a […]
Elimination of the Absolute Priority Rule in a Subchapter V Small Business Bankruptcy Case
The Small Business Reorganization Act of 2019 (SBRA) became effective on the eve of the economic free fall stemming from the COVID-19 pandemic. Longleaf Law Partner’s bankruptcy law expert, Cindy G. Oliver, explains the new law in our 13-part series, Bankruptcy Buzz. Part 11 of 13: The absolute priority rule, which requires Chapter 11 debtors (or its equity owners) who wish to retain their equity interest to pay unsecured creditors in full, can be a frustrating hurdle […]
No Solicitation of Votes Required in Subchapter V Small Business Bankruptcy
The Small Business Reorganization Act of 2019 (SBRA) became effective on the eve of the economic free fall stemming from the COVID-19 pandemic. Longleaf Law Partner’s bankruptcy law expert, Cindy G. Oliver, explains the new law in our 13-part series, Bankruptcy Buzz. Part 10 of 13: In a traditional Chapter 11 case, the debtor must solicit the acceptance of the plan by at least one impaired class of claims as a prerequisite to confirmation. Under the new […]
Disclosure Statements are Generally Eliminated
The Small Business Reorganization Act of 2019 (SBRA) became effective on the eve of the economic free fall stemming from the COVID-19 pandemic. Longleaf Law Partner’s bankruptcy law expert, Cindy G. Oliver, explains the new law in our 13-part series, Bankruptcy Buzz. Part 9 of 13: The elimination of the disclosure statement, an often lengthy document providing adequate information to a holder of a claim or interest entitled to vote to accept or reject a Chapter 11 […]