Faster, Cheaper and Uncharted: Filing Your First Sub-Ch. V Chapter 11 Bankruptcy Case

Effective February 2020, the Bankruptcy Code was amended to add Subchapter V to what is commonly referred to as Chapter 11 of the Bankruptcy Code to provide a more streamlined process for the reorganization of small business debtors. The Small Business Reorganization Act of 2019 ("SBRA") contains a number of provisions unique to Chapter 11 business reorganizations and was designed to make business bankruptcy reorganizations easier, less costly, and more accessible to small businesses. However, there is little legislative history and guidance under the law and a limited amount of decisional law interpreting its provisions.  

In this course, presented by Norma Ortiz of Ortiz & Ortiz, LLP and Eric Huebscher of Huebscher & Co., we'll discuss the procedural requirements of filing this type of case and some of the strategic issues you should consider before choosing to file a case under the SBRA. This course is designed to introduce both experienced and novice bankruptcy lawyers to the overall structure of this type of case and the type of information and planning that is needed to determine if this type of Chapter 11 case can help your small business client reorganize its business and finances.  

1. Identify the small businesses that qualifies under the SBRA

2. Prepare a Chapter 11 case under the SBRA for a proper filing before the court

3. Predict if your client can successfully reorganize under this type of Chapter 11 bankruptcy

4. Discuss how to ensure that you comply with applicable law in a legal landscape with limited precedent