Leah M. Eisenberg Authors Article for AIRA Journal, “An Eye on Subchapter V: Recent Cases and Decisions”

Leah M. Eisenberg, partner in the firm’s Bankruptcy, Restructuring & Creditors’ Rights practice, authored an article in AIRA Journal titled, “An Eye on Subchapter V: Recent Cases and Decisions.” The article discusses how Subchapter V bankruptcy offers small and mid-sized businesses a faster and less expensive way to reorganize than traditional Chapter 11, and courts are continuing to clarify how its unique rules work in practice. Recent cases have helped address who qualifies for Subchapter V, how professionals and creditors are treated, when temporary protections for non-debtors are allowed, and how debt discharge applies, while some important questions remain unresolved in certain courts.

“Since Subchapter V’s enactment, bankruptcy courts are continuing to flesh out specific issues that are unique to Subchapter V, even some that are still of first impression, including eligibility, committee appointment, professional compensation, and debt discharge,” writes Eisenberg.

“As Subchapter V provides a more streamlined and cost-effective path for eligible small and mid-sized businesses to reorganize as compared to traditional Chapter 11 bankruptcy, courts will continue address legal and factual issues that arise and case law, some unique to Subchapter V, will continue to develop,” Eisenberg concludes.

To read Eisenberg’s full article in AIRA Journal, click here.