Subchapter V has broad applicability and has been used by a wide variety of businesses and individuals since being enacted. There are, however, key limitations to who can seek to reorganize in Subchapter V and the benefits Subchapter V is capable of providing. In this episode, podcast host Mac VerStandig is joined by David Mawhinney to discuss some of those limitations.

Subchapter V: Episode 1: Subchapter V’s Limitations

In this lively episode you will learn the evidentiary standards required for confirmation of a chapter 11, Sub V plan in both consensual and contested confirmation hearings from a retired bankruptcy judge and an experienced restructuring attorney.  The panel will delve into the quantum of evidence required under section 1129 as well as specific methods of meeting your burdens.  Recognizing that resources are commonly scarce in Sub V cases, the panel will focus on ways to meet those burdens through your client or other witnesses that do not require the expenditure of professional fees.  The episode offers highly practical advice and cites specific cases that will help you get through the process. It also makes suggestions on when you need an expert, how to evaluate the qualities your expert should bring to the stand, and who never to call as an expert!

Subchapter V: Episode 3: Subchapter V’s Evidentiary Standards

Hannah Hutman and Mac VerStandig discuss how the growing merchant cash advance industry impacts small business bankruptcy cases. Some debtors and trustees treat merchant cash advances as ordinary secured – or unsecured – debts; some debtors and trustees look at the transactions as fraudulent conveyances. This episode covers key points in determining whether a claim is really secured and strategies for taking on these increasingly frequent obligations.

Subchapter V: Episode 2: Merchant Cash Advances in Bankruptcy

In this episode of The Subchapter V Podcast, David Mawhinney is joined by Hon. Frank J. Bailey, U.S. Bankruptcy Judge for the District of Massachusetts (Ret.) and Andrew Lizotte, shareholder at Murphy & King P.C. to discuss small business reorganization under Subchapter V of chapter 11 of the U.S. Bankruptcy Code and, specifically, the debtor's requirement to commit projected disposable income to paying creditor claims.  The show begins by breaking down a debtor's revenue projections and what expense deductions are reasonable in arriving at projected disposable income.  The team then turns to the plan term and arguments for extending it beyond the three-year minimum.

New tracks tagged #SubchapterV