Subchapter V

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Continuing with the monthly series, here are short summaries of December 2023’s Subchapter V bankruptcy opinions from across the country. As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper.

However, there’s a “fun” catch this month. Recently, Stone & Baxter upgraded from Lexis+ to Lexis+ AI. Given that I’m inundated almost daily with emails about artificial intelligence and law practice, I couldn’t help but feel behind the times. Thus, I’m excited to have something to experiment with. And that’s exactly what I’m going to do with this post. Continue Reading Notable Subchapter V Bankruptcy Opinions: December 2023 (AI Edition)

With no introduction or fanfare, here, in a single post, are short summaries of October 2023’s and November 2023’s notable Subchapter V opinions from across the country.

As in the prior Sub V case posts, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper.

Happy New Year!Continue Reading Notable Subchapter V Bankruptcy Opinions: October and November 2023 Edition

There were no Sub V opinions in August that I could find, so I’ll pick-up with the September opinions. And by now, you know the drill: I’ll provide, in a single post, short summaries of each month’s notable Subchapter V opinions from across the country (which basically means all Sub V opinions from that month). Rather than providing all-encompassing summaries, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper.

Sorry that I got behind, but here are the September Subchapter V opinions:Continue Reading Notable Subchapter V Bankruptcy Opinions: August and September Edition

This morning, I presented, along with Judge Paul Bonapfel (Bankr. N.D. Ga.) and Rob Matson (a Sub V Trustee in the M.D. Ga.), the Subchapter V Update for the Middle District of Georgia Bankruptcy Law Institute. So, call me lazy, but it’s only fitting that we revisit Subchapter V issues based on this morning’s presentation.

In this post, I’ll continue in my effort to provide, in a single post, short summaries of each month’s notable Subchapter V opinions from across the country. Rather than all-encompassing summaries, I’ll provide a roadmap of the issues and then you can click the opinions if you want to dig deeper. Here are the July 2023 Subchapter V opinions. Assuming my search was thorough enough, there were only two opinions in July:Continue Reading Notable Subchapter V Bankruptcy Opinions: July 2023 Edition

While Plan Proponent is primarily about Chapter 11 confirmation issues, Subchapter V is becoming a bigger part of Stone & Baxter’s debtor practice, especially with the temporary $7.5 million debt limit. Thus, I’m going to experiment with providing short summaries of each month’s notable Subchapter V opinions. These are not going to be all-encompassing summaries. Rather, we’ll provide a roadmap of the issues and then you can click the cases if you want to dig deeper. We’ll start with May 2023.

Continue Reading Notable Subchapter V Bankruptcy Opinions: May 2023 Edition

Mercifully, I’m going to experiment with how short I can make case summaries. Earlier this month, Michigan Bankruptcy Judge Applebaum denied confirmation in Lapeer Aviation’s Subchapter V bankruptcy cases. Lapeer operates the Dupont-Lapeer Airport (D95), which is about 25 miles east of Flint. Before addressing 4 objections, which were raised in a two-day evidentiary hearing , the Court reminds us that, even without objections, it has an independent duty to inquire into the plan confirmation requirements.

Ultimately, the Court denied confirmation for liquidation test and unfair discrimination reasons.Continue Reading Michigan Bankruptcy Court Examines Subchapter V Confirmation Requirements

[Today’s post is from Braden Copeland, a Mercer 3L. He joined us as a Summer Associate in 2021. We’re delighted that he’ll come on as an Associate after he graduates this Spring. I asked him to look for a confirmation-related Subchapter V opinion and write something up for the blog. I’m thrilled to have the help. P.S. A too-early-in-the-year plan confirmation trial delayed our New Year’s post, but it’s still coming! – Dave]

I’m not prejudging it but I think the Trustee’s objection is an uphill battle simply because it sounds almost like he is arguing the 1111(b) election itself is not fair and equitable, which of course there is a reason it exists. But perhaps it is the application of the election and the facts and circumstances of this case that is not fair and equitable and whether or not we can go down that path.

— Judge Thomas Saladino, United States Bankruptcy Court for the District of Nebraska, as heard in a status teleconference on September 22, 2021.

Well, the court went down that path.

But, first, let me back up…Continue Reading Confirmation DENIED: Subchapter V Trustee Challenges 1111(b) Election