The Restructuring Report

Recent cases involving structured dismissals and the dischargeability of corporate debts in Subchapter V demonstrate the evolving nature of Subchapter V and its ability to remain an efficient and cost-effective process for small businesses.

With Chapter 11 bankruptcy filings on the rise in the first six months of 2023, including Subchapter V filings, it is important to understand the advantages and challenges of Subchapter V and its stream-lined reorganization process.

Two recent bankruptcy court opinions came to different conclusions on whether the liquidating trustee is obligated to make quarterly payments post-confirmation on disbursements from the liquidating trust.

When a business owner files an individual bankruptcy case, courts disagree on whether the owner’s personal guarantees of the business debt are discharged. A Wisconsin district court recently addressed this issue. What practical pointers can practitioners take from this recent decision and the rulings of other courts?

What steps should creditors take to best understand their rights and ensure they are as fully protected as possible both before and after a cryptocurrency bankruptcy case is filed.

As the cryptocurrency industry continues to face significant volatility and new bankruptcy cases are filed every day, what are some of the major issues bankruptcy practitioners and courts will need to address in the coming days?

A recent law review article analyzed the different categories of bankruptcy filers. What can bankruptcy practitioners use with that information and how can that information impact bankruptcy public policy?

When conducting a winddown of a business, should the business formally dissolve? What are the benefits and what are the risks when dissolving an entity?

The Supreme Court’s Siegel opinion found the U.S. Trustee’s temporary fee increase unconstitutional. What are the implications of the opinion?

Small businesses face ever-increasing financial distress from a number of different factors, including price inflation, supply chain issues, and workforce changes. How widespread are these issues and what will their impact be on small businesses in the future?