Rochelle's Daily Wire

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.

Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.

When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.