Small Business

Subchapter V Update

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel highlights some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Carmen D. Conde-Torres
C. Conde & Associates; San Juan, P.R.
Carol L. Fox
B. Riley Advisory Services; Fort Lauderdale, Fla.
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.

Conference
2022 Caribbean Insolvency Symposium

Judicial Round & Round

The following session took place during International Insolvency Symposium & Cross-Border Insolvency Program in November 2021. In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Gerardo A. Carlo-Altieri (ret.)
GACarlo & Assocts.; San Juan
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami

Conference
2021 Caribbean Insolvency Symposium

Subchapter V in the COVID-19 Era

The following session took place during Caribbean Insolvency Symposium in February 2021. This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases. The panel will then discuss issues relating to CARES Act funding in subchapter V cases and explore various hot issues in subchapter V, such as the aggregation of debts among affiliates. Finally, the panelists will discuss “anomaly” filings and attempts by seemingly ineligible companies to obtain relief under subchapter V. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Alan R. Rosenberg, Moderator
Markowitz, Ringel, Trusty & Hartog, P.A.; Miami
Gustavo A. Chico-Barris
Ferraiuoli, LLC; San Juan, P.R.
Carol L. Fox
B. Riley Advisory Services; Fort Lauderdale, Fla.
Carlos Infante Gutiérrez
Estrella, LLC; San Juan, P.R.

Conference
2021 Caribbean Insolvency Symposium

Recent Consumer Case Law Developments with Bill Rochelle

The following session took place during Caribbean Insolvency Symposium in February 2021. This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

William J. Rochelle, III, Moderator
American Bankruptcy Institute; New York
Rudy J. Cerone
McGlinchey Stafford, PLLC; New Orleans
Hon. Robert Jacobvitz
U.S. Bankruptcy Court (D.N.M.); Albuquerque
Alejandro Oliveras Rivera
Chapter 13 Standing Trustee; San Juan, P.R.

Conference
2021 Caribbean Insolvency Symposium