Small Business

This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors.

Using case law examples, this panel will discuss various aspects of subchapter V in the three years since it became law. Topics will include § 523 and non-individual debtors, whether the minimum required information (e.g., cash flow, tax returns, MORs) is enough to allow creditors to make informed decisions, the role of the subchapter V trustee, the U.S. Trustee guidelines for subchapter V trustees and whether they broaden the role beyond what is set forth in 11 U.S.C.

This session will discuss issues with debtors who own or have fractional interests in LLCs, corporations or partnerships, or who are self-employed. The panelists will cover how to determine what constitutes property of the estate; valuing a debtor’s interest in an LLC, corporation or partnership; and administering a debtor's fractional interests.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.