How The SBRA Benefits Businesses In A Way That Was Previously Unavailable | John Clark – Bankruptcy - Alabama from sbra Watch Video

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✓ Published: 01-Jul-2021
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clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe SBRA makes the confirmation of a plan easier in a couple of different ways. First, the trustee who was appointed in a subchapter V case is different from other trustees you might see in some other chapters. Typically, in chapter 11, the debtor in possession acts as the trustee. In other words, the debtor is both the trustee and the debtor in possession. In subchapt

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clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe SBRA makes the confirmation of a plan easier in a couple of different ways. First, the trustee who was appointed in a subchapter V case is different from other trustees you might see in some other chapters. Typically, in chapter 11, the debtor in possession acts as the trustee. In other words, the debtor is both the trustee and the debtor in possession. In subchapt
⏲ 99 sec ✓ 01-Jul-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThere are several ways the SBRA helps small businesses survive bankruptcy and retain control of their operations. The SBRA got rid of the “absolute priority rule,” ensuring that the business owner has a better possibility of keeping his or her equity. Now, assuming the debtor pays all of its projected disposable income, the equity holders are entitled to keep their
⏲ 90 sec ✓ 01-Jul-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe CARES Act changes to the SBRA are temporary, and effective until March 27, 2021. After that, the debt limit for subchapter V debtors may return to the previous $2.7 million limit. However, comments from judges and others involved in this process indicate that Congress may decide to make this increased limit permanent, but there is no guarantee.nnFor More Informatio
⏲ 45 sec ✓ 01-Jul-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe CARES Act addressed multiple matters, including temporary changes to the SBRA in subchapter V. The CARES Act increased the debt limit requirement to qualify as a small business debtor from $2.7 million to $7.5 million. Therefore, a much larger percentage of potential business debtors qualified under the SBRA due to the CARES Act.nnFor More Information About Bankrup
⏲ 45 sec ✓ 01-Jul-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe SBRA drastically speeds up the process of chapter 11, as it requires that a plan be proposed within 90 days, as opposed to the old requirement of 300 days. This means the bankruptcy will be shorter, which translates to fewer costs. Subchapter V also removes the requirement for a debtor to file a disclosure statement along with the plan, which would typically requir
⏲ 51 sec ✓ 27-Aug-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnThe SBRA makes the confirmation of a plan easier in a couple of different ways. First, the trustee who was appointed in a subchapter V case is different from other trustees you might see in some other chapters. Typically, in chapter 11, the debtor in possession acts as the trustee. In other words, the debtor is both the trustee and the debtor in possession. In subchapt
⏲ 94 sec ✓ 27-Aug-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnNo. Under the subchapter V in Chapter 11, there will be no committee of creditors. This provides several advantages, including the reduction of overall costs, since the estate will not need to pay counsel for the creditors’ committee.nnFor More Information About Bankruptcy, Please Visit:nen.wikipedia.org/wiki/Bankruptcy_in_the_United_StatesnnRelated Videos:nnhttps://
⏲ 35 sec ✓ 27-Aug-2021
The Small Business Reorganization Act of 2019 (the “SBRA”), which became effective in February 2020, created a new legal framework within chapter 11 referred to as (“Subchapter V”). This program will discuss how Subchapter V is uniquely equipped to provide small businesses an opportunity to restructure while permitting owners to retain ownership and control. Not every small business will be eligible to elect Subchapter V. Will Subchapter V meet your and your client’s expectations for a
⏲ 1 min 67 sec ✓ 26-Apr-2021
clarklawfirmalabama.com/nnClark Law Firmn300 Office Park DrivenSuite 175nBirmingham, Alabama 35223nUnited Statesn(205) 506-0075nnBefore SBRA, Chapter 11 had many additional costs, including quarterly trustee fees, liquidation costs, fees for creditors’ committee counsel, fees for the equity holder’s counsel, if applicable, and costs for other third parties to assist with reorganization which can sometimes take years. The combination of those costs with the costs of lawyers, accountants, and
⏲ 66 sec ✓ 27-Aug-2021

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