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A plan filed under this subchapter—
(1) shall include—
(A) a brief history of the business operations of the debtor;
(B) a liquidation analysis; and
(C) projections with respect to the ability of the debtor to make payments under the proposed plan of reorganization;
(2) shall provide for the submission of all or such portion of the future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan; and
(3) notwithstanding section 1123(b)(5) of this title, may modify the rights of the holder of a claim secured only by a security interest in real property that is the principal residence of the debtor if the new value received in connection with the granting of the security interest was—
(A) not used primarily to acquire the real property; and
(B) used primarily in connection with the small business of the debtor.
Thoughtful analyses of the day's business and consumer cases.
| Article | Date |
|---|---|
| Section 1111(b) Election Held Applicable in Sub V Despite Section 1190(3) | 10/08/2025 |
| Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA | 07/04/2025 |
Your trusted source for original insolvency articles and legislative updates.
| Article | Date |
|---|---|
| Benchnotes December 2025 | 11/30/2025 |
| Two Paths, One Destination: Does the Small Business Case Still Matter in a Subchapter V World? | 11/30/2025 |
| Practical Issues in Subchapter V Staggered Filings | 10/31/2025 |
| The Quirks of Mediation in Sub V | 03/31/2024 |
| The USTP’s Positions on Select SBRA Legal Issues | 10/31/2022 |
Bankruptcy-related opinion summaries provided by partner LexisNexis® Collier.
| Case | Decided |
|---|---|
| Ventura, In re | 04/09/2020 |
Quality educational content from all ABI conferences.
| Article | Date |
|---|---|
| Financing Small Business Cases/ Financial Concepts for Lawyers | 08/25/2025 |
| Judges’ Roundtable | 08/25/2025 |
| Plan Confirmation Issues and Challenges | 08/18/2025 |
| Judicial Roundtables + Case Law Update | 07/26/2025 |
| Sophisticated Debtors, Complicated Cases: Chapter Choice, Income, Crypto, MCAs | 07/14/2025 |
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