About the Course
Introduction
This CLE course will discuss the implementation of bankruptcy plans after confirmation under Chapter 11 or Subchapter V, and the repercussions and options for all the parties if the debtor does not meet its obligations.
Description
To confirm a Chapter 11 plan, the business debtor must convince creditors that it can meet the obligations of the reorganization plan and that it isn't likely to liquidate or undergo further financial reorganization after confirmation. Despite the best forecasting, unforeseen events occur or the debtor may promise more than it can deliver.
When this happens, creditors need to understand the available options and the consequences of those options, as well as the bankruptcy court's post-confirmation jurisdiction.
The case might be converted to Chapter 7 or the plan could be modified. Special issues would arise under new Subchapter V if the plan was not consensual. The Subchapter V plan must contain some protection for impaired creditors if the debtor does not perform.
Listen as this experienced panel reviews the issues involved in implementing the plan and what happens when a debtor defaults under a reorganization plan, whether confirmed under the regular provisions of Chapter 11 or new Subchapter V.
Presented By
For the past 35 years, Mr. Hesse has focused his practice on searching for pragmatic solutions to complex problems in the context of restructuring, insolvency, and bankruptcy. He represents borrowers, debtors, secured creditors, trade creditors, contract counterparties, unsecured creditors’ committees, equity holders, and trustees on all sides of insolvency situations, with an emphasis on representing creditors of all types. Although Mr. Hesse's practice is industry agnostic, adapting to fluctuations in the business cycle, his matters often occur within the retail and consumer products, real estate, and consumer finance industries. In addition to his bankruptcy practice, Mr. Hesse advises financial services clients on consumer protection compliance and litigation. He provides guidance to financial institutions as they navigate the legal issues relating to the developing payment options.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, April 7, 2026
- schedule
1:00 p.m. ET/10:00 a.m. PT
I. Impact of confirmation under Chapter 11 and Subchapter V
II. Use of post-confirmation entities
III. Remedies for defaults under the confirmed plan
IV. Protecting non-consenting creditors under Subchapter V
The panel will review these and other important issues:
- How are creditors protected if the debtor defaults?
- What pre-confirmation decisions can be reversed, and which ones are final?
- Is a reservation of jurisdiction by the bankruptcy court relevant to post-confirmation jurisdiction in the confirmation order?
