Justia Connect Webinars Subchapter V Plan Confirmation Requirements and Strategies

CLE

Kellie W. Fisher Drummond Woodsum

Adam R. Prescott Bernstein Shur Sawyer & Nelson, PA

Subchapter V Plan Confirmation Requirements and Strategies

Premieres June 5, 1:00 PM ET/10:00 AM PT

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Subchapter V Plan Confirmation Requirements and Strategies

The Small Business Reorganization Act was signed into law on August 23, 2019, creating Subchapter V to Chapter 11 through the addition of sections 1181 through 1195 to the Bankruptcy Code. This webinar will focus on plan and confirmation issues within Subchapter V, including the required contents of a plan, the deadline for filing a plan, and the standards for and consequences of consensual and nonconsensual confirmation for Subchapter V debtors.

Topics covered include:

Bankruptcy Business Law

Agenda:

Introductory Overview

Subchapter V’s origins and purpose
Summary of relevant statutes in Subchapter V

Major Plan Differences Between Chapter 11 and Subchapter V

No disclosure statement
Different procedural rules for confirmation scheduling
Status conference and filing deadlines

Plan Contents: Necessary vs. Advisable Provisions

Section 1190 requirements for plan contents
Common optional Subchapter V plan provisions
Anticipating consensual vs non-consensual confirmation issues

Role of the Subchapter V Trustee in Plan Development and Confirmation

Section 1183 duties of Subchapter V trustee
How it works in practice

Requirements for Confirmation

Section 1191(a) requirements for consensual plans
Why confirmation under Section 1191(a) matters to debtors

Standards for Nonconsensual Confirmation

Section 1191(b) requirements for confirming a nonconsensual plan
What is “disposable income” and who decides?
Plan voting requirements and different approaches to nonvoting classes

Discharge Issues

Section 1192 and the scope of discharge
Split decisions on applicability of Section 523(a) to corporate Subchapter V debtors

Post-Confirmation Default and Modification

Rules for modifying a Subchapter V plan before and after confirmation

Q&A (As Time Permits)

Duration of this webinar: 60 minutes

When: Premieres in 31 days | June 5, 2026 10:00 AM PT

Speakers

Kellie W. Fisher Shareholder
Drummond Woodsum

Kellie Fisher is a shareholder and the chair of the Bankruptcy, Restructuring, and Creditors’ Rights group at Drummond Woodsum in Portland, Maine. Kellie focuses her practice on bankruptcy matters, commercial litigation, and transactions involving distressed companies. She routinely represents financial institutions, official and ad hoc creditors’ committees, lenders, debtors, asset purchasers, equity holders, and trustees. Read More ›

Adam R. Prescott Shareholder
Bernstein Shur Sawyer & Nelson, PA

Adam R. Prescott is a shareholder at Bernstein, Shur, Sawyer & Nelson, PA in Portland, Maine, where he represents businesses and individuals in bankruptcy, out-of-court restructurings, and other complex transactional and litigation matters, with an emphasis on chapter 11 cases. Adam has represented chapter 11 debtors and post-confirmation trustees in cases filed in numerous jurisdictions, including recent matters in bankruptcy courts in Maine, Massachusetts, Vermont, Ohio, Texas, and Delaware. Adam’s chapter 11 practice includes representing businesses in a diverse array of industries, such as health care, manufacturing, transportation, energy, real estate development, hospitality, and retail, and he has represented numerous small business debtors in successfully reorganizing under the Small Business Reorganization Act of 2019 (Subchapter V). Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

California CLE

Status: Approved

Credits: 1.00 General

Hawaii CLE

Status: Approved

Credits: 1.00 General

Illinois CLE

Status: Approved

Credits: 1.00 General

Missouri CLE

Status: Approved

Credits: 1.20 General

Nevada CLE

Status: Approved

Credits: 1.00 General

New Jersey CLE

Status: Approved

Credits: 1.20 General

North Carolina CLE

Status: Approved

Credits: 1.00 General

Ohio CLE

Status: Approved

Credits: 1.00 General

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Texas CLE

Status: Approved

Credits: 1.00 General

Vermont CLE

Status: Approved

Credits: 1.00 General

West Virginia CLE

Status: Approved

Credits: 1.20 General

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one hour of General CLE credit in Nevada, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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