BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Bankruptcy

Date & Time
  • event Date

    Wednesday, July 13, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will plumb the nuances of individual reorganizations under Subchapter V of Chapter 11 of the Bankruptcy Code. The panel will guide both debtor and creditor counsel through the advantages and disadvantages of Subchapter V, plan creation, eligibility restrictions and traps, post-petition retention of non-exempt property, discharge, and remedies after default.

Faculty

Sari B. Placona
Partner
McManimon, Scotland & Baumann, LLC

Ms. Placona concentrates her practice in the areas of corporate restructuring, bankruptcy, debtor/creditor rights, assignments for the benefit of creditors, and commercial litigation. She represents Chapter 11 and 7 debtors, trustees, receivers, assignees, and creditors.  She prosecutes and defends preference and fraudulent conveyance complaints.

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Leon S. Jones
Partner
Jones Walker, LLP

Before forming Jones & Walden, LLC, Mr. Jones worked at such Georgia firms as the Macon office of Arnall, Golden & Gregory; Burton & Anderson; and Lawson, Davis, Pickren & Seydell. He has served as lead counsel in numerous commercial trials and evidentiary hearings. Mr. Jones also has extensive experience in post-judgment collection matters. In addition to his law practice in the courts of the State of Georgia, he has litigated in the Bankruptcy Courts for the Northern, Middle, and Southern Districts of Georgia. Mr. Jones has lectured extensively regarding bankruptcy and related litigation, and he speaks often to various trade groups on issues involving bankruptcy related topics. He has a particular focus on individual Chapter 11 cases and fraudulent transfer law.

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Thomas McClendon
Partner
Jones Walker, LLP

Mr. McClendon focuses his practice on representing all parties in Chapter 11 reorganizations and other bankruptcy cases, corporate workouts, and general business litigation.

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Description

Subchapter V is increasingly important for individual debtors (and their creditors) whose debt burden prevents them from using Chapter 13. Subchapter V rewrites the rules for cramdown and eliminates the absolute priority rule in most cases. Recent amendments to the Bankruptcy Rules clarify Sub V debtor's duties and rights.

Nonetheless, debtors must successfully traverse the gauntlet of eligibility limitations and fast deadlines. The goal of the case is a consensual plan, and the Sub V trustee is a critical mediator between the debtor and creditors.

With no Chapter 7-like trustee and no creditors' committee to provide oversight of the debtor's decisions, creditors must understand Sub V, or else they could be caught flat-footed in these fast-moving cases.

Listen as this panel of bankruptcy experts guides counsel through how debtors and creditors can get the best result when individual debtors elect Subchapter V.

Outline

  1. Primary advantages of Subchapter V over Chapter11
  2. Limitations on eligibility
  3. Role of Sub V trustee
  4. Plan deadlines and other mandatory procedures
  5. Confirmation issues
  6. Remedies upon plan default

Benefits

The panel will guide counsel on these and other key issues:

  • Did the 2022 amendments to the Bankruptcy Rules change Subchapter V?
  • What relief is there for individuals who have guaranteed business loans?
  • Did Subchapter V dispense with or must modify the absolute priority rule?