New Small Business Bankruptcy via Chapter 11: Key differences versus traditional Chapter 11, 7, or 13 and how small business can use SBRA to reorganize


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

On February 19 of this year, substantial amendments went into effect under the US Bankruptcy Code in the treatment of small businesses that seek relief via Chapter 11. If you represent small businesses, lenders to small businesses or landlords to small businesses you will find that knowledge of the new Small Business Reorganization Act (“SBRA”) is crucial to your practice. Concerned about the Absolute Priority rule as to your small business client? Looking to reduce the professional expenses, U.S. Trustee quarterly fees? In that case, consider attending this seminar. The seminar is presented by George B. Cauthen, Randall L. Saunders, and Jonah Samples of Nelson Mullins Riley & Scarborough LLP.

Key topics to be discussed:

• Bankruptcy
• Subchapter V
• Small Business Reorganization Act (SBRA)
• COVID-19

Date / Time: October 8, 2020

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: October 8, 2020

George B. Cauthen, a partner in the law firm of Nelson Mullins Riley & Scarborough, L.L.P.

Mr. Cauthen works in the Columbia office of the Firm as a bankruptcy lawyer. From 1990 through 2015 he chaired the firm’s Bankruptcy Group. He served as the team leader for the Banking, Bankruptcy and Creditors Rights team, also known as “the Barracudas” from 2013 until Jan. 1, 2018. Cauthen holds the following degrees: B.A., History, University of South Carolina, 1970; J.D., University of South Carolina School of Law, 1976; M.P.A., University of South Carolina, 1984.

Cauthen previously served in the US Navy, Surface Warfare Officer designated, from 1970 to 1974 and as Clerk of Court for the United States Bankruptcy Court, District of South Carolina from 1982 to 1989. He is admitted to practice in state and federal courts in Florida and South Carolina, the Fourth Circuit Court of Appeals, the Seventh Circuit Court of Appeals, the Eleventh Circuit Court of Appeals and the United States Supreme Court. Certified as one of the first Bankruptcy Law Specialists by the South Carolina Supreme Court Commission on Specialization, he is also certified as a Business and Consumer Bankruptcy Law Specialist by the American Board of Certification and in 1995 was admitted as the first South Carolinian to the American College of Bankruptcy. He was one of the original organizers of the South Carolina Bankruptcy Law Association and he recently completed a term on the Board of Directors. In 2018 he was recognized by the American Inns of Court Bankruptcy Alliance with its Distinguished Service Award.

He will never receive the “Best Dressed Lawyer of the Year Award”, if his law firm has any input on the subject.
Randy Saunders is a partner at Nelson Mullins Riley & Scarborough LLP in the West Virginia Office.

In addition to chairing the Tax Lien Resolution and Litigation group, as well as Chair of the Firm’s Pro Bono Committee, Mr. Saunders focuses his practice on bankruptcy, banking, real estate, and financial services. Mr. Saunders was a West Virginia Super Lawyers Rising Star in civil litigation: Defense from 2012-2018, has an AV Preeminent Review Rating by Martindale-Hubbell, and was selected for “The Best Lawyers in America” in the area of Financial Services Regulations Law for 2021. Mr. Saunders routinely handles litigation, administrative, and transactional matters and is licensed in state and federal courts in West Virginia, Kentucky, Tennessee. Mr. Saunders received his J.D. from the University of Kentucky College of Law and received his BA from Morehead State University.
Jonah Samples is an associate at Nelson Mullins Riley & Scarborough LLP in the West Virginia office.

Mr. Samples’s practice is primarily focused in the areas of bankruptcy, banking and financial services, and real estate. Mr. Samples currently serves as the Vice-Chair of the Defense Trial Counsel of West Virginia’s Business and Commercial Law Substantive Committee. Mr. Samples is a graduate of The Ohio State University Moritz College of Law and he received his BBA in Economics from Marshall University. During law school, Mr. Samples served as the Editor-in-Chief of the Ohio State Technology Law Journal. Mr. Samples is currently licensed to practice in West Virginia and the Southern District of West Virginia.

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This course will begin with a brief discussion regarding the passage of the SBRA and the creation of Subchapter V of the Bankruptcy Code. The speakers will then consider the key differences between a Subchapter V reorganization versus a traditional Chapter 11, 7, or 13 reorganization and how these changes would impact the process for a small business contemplating restructuring. The course will then shift towards the application of COVID-19 related relief such as the CARES Act and how Subchapter V has been expanded to encompass the growing need for streamlined bankruptcy proceedings. Finally, the presenters will discuss relevant questions that have arisen since the passage of the SBRA, including how bankruptcy, district, and circuit courts have answered these questions, oftentimes differently, and what we can expect going forward in this new and important area of bankruptcy law.