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2025-01-21 13:00:00

2 Credits

A comprehensive guide to Subchapter V small business reorganizations covering eligibility, trustee roles, plan confirmation, and discharge provisions.

2025-01-21 13:00:00

A comprehensive guide to Subchapter V small business reorganizations covering eligibility, trustee roles, plan confirmation, and discharge provisions.

2025-01-21 13:00:00

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn Subchapter V eligibility requirements, the role of the Subchapter V trustee, plan filing deadlines, confirmation processes, and discharge provisions under the Small Business Reorganization Act.

What will you gain

Attorneys will gain practical strategies for representing debtors and creditors in Subchapter V cases, including navigating disposable income calculations and achieving consensual plan confirmation.

Eligibility Requirements
Debtors must have under $3 million in debt with 50% from business activities.
Trustee Role
The Subchapter V trustee facilitates consensual plan development and helps debtors reorganize.
Plan Filing
Only the debtor can file a plan, which must be submitted within 90 days.
Confirmation Process
Consensual confirmation provides immediate discharge; non-consensual requires projected disposable income payments.
Disposable Income
Determining projected disposable income over three to five years is central to confirmation.
Discharge Provisions
Discharge timing differs significantly between consensual and non-consensual plan confirmation approaches.

What will you learn

Attorneys will learn Subchapter V eligibility requirements, the role of the Subchapter V trustee, plan filing deadlines, confirmation processes, and discharge provisions under the Small Business Reorganization Act.

What will you gain

Attorneys will gain practical strategies for representing debtors and creditors in Subchapter V cases, including navigating disposable income calculations and achieving consensual plan confirmation.

Agenda

Session 1

Key Changes Between Subchapter V and Chapter 11

Session 2

Eligibility Requirements for Subchapter V Small Business Debtors

Session 3

General Duties and Powers of the Debtor

Session 4

Understanding the Subchapter V Trustee's Unique Role

Session 5

Special Plan Confirmation Rules and Discharge Provisions

clock 1:00 pm - 1:20 pm EST

Key Changes Between Subchapter V and Chapter 11

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

This session explores the fundamental differences between traditional Chapter 11 and Subchapter V, including the elimination of the absolute priority rule and impairment requirements. Participants will learn why the Small Business Reorganization Act was created and how it removes barriers that previously made Chapter 11 inaccessible for smaller businesses.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

clock 1:20 pm - 1:40 pm EST

Eligibility Requirements for Subchapter V Small Business Debtors

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

This session covers the statutory requirements for Subchapter V eligibility under Section 1182, including the debt ceiling of approximately $3 million and the 50% commercial debt threshold. Attendees will learn how courts broadly interpret the ‘engaged in commercial or business activity’ requirement and understand the insider debt analysis for determining eligibility.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

clock 1:40 pm - 2:00 pm EST

General Duties and Powers of the Debtor

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

This session examines the debtor in possession’s rights under Section 1184, including operating the business and managing assets similar to traditional Chapter 11. Participants will learn about removal procedures under Section 1185, grounds for cause, and the critical limitation that only the debtor can file a plan in Subchapter V.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

clock 2:10 pm - 2:40 pm EST

Understanding the Subchapter V Trustee's Unique Role

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

This session explores the distinctive facilitation role of the Subchapter V trustee under Section 1183, which differs significantly from Chapter 7 or Chapter 11 trustees. Attendees will learn practical strategies for working with trustees, confidentiality considerations, and how the trustee’s role varies by jurisdiction and expands if the debtor in possession is removed.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

clock 2:40 pm - 3:10 pm EST

Special Plan Confirmation Rules and Discharge Provisions

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

This session covers the critical distinctions between consensual confirmation under Section 1191(a) and non-consensual cram down under Section 1191(b), including the projected disposable income test. Participants will learn about the 90-day plan filing deadline, elimination of disclosure statement requirements, and the significant differences in discharge timing and scope depending on confirmation type.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

01 05
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Kyung S. Lee

Shannon & Lee LLP

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Adam Prescott is a shareholder at Bernstein Shur in Portland, Maine who represents businesses and individuals in bankruptcy, insolvency, and other complex commercial matters involving financial distress, with extensive experience in Chapter 11 reorganization and Subchapter V proceedings.

Education & Credentials

J.D. from William & Mary Law School; undergraduate degree from Trinity College in Hartford, Connecticut

Recognition & Leadership

Published articles in the American Bankruptcy Institute Journal, the Maine Bar Journal, Law360, and the Norton Journal of Bankruptcy Law and Practice

Professional Involvement

Spoken at the American Bankruptcy Institute's Annual Spring Meeting and Northeast Bankruptcy Conference, the Maine Bar Association's Summer Conference, and numerous other local and national panels and webinars about Chapter 11, Subchapter V, and other bankruptcy issues.

Experience

Represented debtors in Chapter 11 reorganization and liquidation cases throughout the country, including bankruptcy courts in Maine, Massachusetts, Vermont, and Delaware. Represented numerous debtors in Subchapter V proceedings, including among the earliest Subchapter V cases in the country in February 2020. Maintains a robust creditor-side and distressed transactional practice representing secured creditors, landlords, unsecured creditors, and asset buyers in chapter 11 cases across the country.

Adam Prescott

Bernstein, Shur, Sawyer & Nelson, P. A

Adam Prescott is a shareholder at Bernstein Shur in Portland, Maine who represents businesses and individuals in bankruptcy, insolvency, and other complex commercial matters involving financial distress, with extensive experience in Chapter 11 reorganization and Subchapter V proceedings.

Education & Credentials

J.D. from William & Mary Law School; undergraduate degree from Trinity College in Hartford, Connecticut

Recognition & Leadership

Published articles in the American Bankruptcy Institute Journal, the Maine Bar Journal, Law360, and the Norton Journal of Bankruptcy Law and Practice

Professional Involvement

Spoken at the American Bankruptcy Institute's Annual Spring Meeting and Northeast Bankruptcy Conference, the Maine Bar Association's Summer Conference, and numerous other local and national panels and webinars about Chapter 11, Subchapter V, and other bankruptcy issues.

Experience

Represented debtors in Chapter 11 reorganization and liquidation cases throughout the country, including bankruptcy courts in Maine, Massachusetts, Vermont, and Delaware. Represented numerous debtors in Subchapter V proceedings, including among the earliest Subchapter V cases in the country in February 2020. Maintains a robust creditor-side and distressed transactional practice representing secured creditors, landlords, unsecured creditors, and asset buyers in chapter 11 cases across the country.

Kyung S. Lee

Shannon & Lee LLP

Mr. Lee is a bankruptcy attorney with 38 years of experience guiding clients through sensitive workout negotiations and litigating in bankruptcy courts to achieve client objectives in reorganizing distressed companies across a variety of industries.

Education & Credentials

J.D. from Duke Law School; Master of Business Administration from the Fuqua School of Business at Duke University

Recognition & Leadership

Participated in the publication of the Model Asset Purchase Agreement for Bankruptcy Sales by the American Bar Association in 2016

Professional Involvement

Member of the Business Bankruptcy Committee of the American Bar Association with active participation in several subcommittees and task forces. Speaker at the Jay L. Westbrook Bankruptcy Conference on advanced bankruptcy topics including 'Marijuana and Bankruptcy: Just Say No!' (2018) and 'Recidivist Debtors: Chapter 22s of Oil and Gas Business Debtors. Why Is it Happening Now?' (2019).

Experience

38 years of experience in bankruptcy law. First- or second-chaired a significant number of bankruptcy cases in a variety of industries. Substantial experience addressing insolvency-related issues including identifying liquidity crises, managing debtor-creditor relationships, formulating workout and Chapter 11 strategies, negotiating with creditor constituencies, and implementing turnaround and reorganization plans with senior management.

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Why Attend

Why this 
program matters

Mastering Subchapter V is essential for practitioners advising small business clients because its streamlined procedures and unique confirmation requirements differ significantly from traditional Chapter 11.
52%
of Subchapter V cases result in a confirmed plan, approximately double the 23% confirmation rate of non-Subchapter V small business Chapter 11 cases. (U.S. Trustee Program, Subchapter V Statistical Summary Through December 2024)
6.6
median months to plan confirmation in Subchapter V cases compared to 10.4 months for traditional small business Chapter 11 cases. (U.S. Trustee Program, Subchapter V Statistical Summary Through December 2024)
44%
of all Chapter 11 filings in 2023 were Subchapter V cases, demonstrating its widespread adoption by small businesses seeking reorganization. (American Bankruptcy Institute Subchapter V Task Force Final Report, April 2024)
26%
of Subchapter V debtors filing through December 2023 had debts exceeding the original $2.7 million limit and would have been ineligible without the temporary debt cap increase. (ABI Subchapter V Task Force Report, April 2024)

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