“Traps for the Unwary”: § 1129(e) and “Small Business Debtors”

In today’s post, we’ll shift away from the big Delaware cases and focus on a critical “small business debtor” Chapter 11 provision. Over the past 6 years, our firm hasn’t filed many small business cases, mostly because many of our debtors were real estate debtors and, thus, definitionally excluded from the small business category. However,…