What’s My Alternative?: Counseling Your Client and the Court with Respect to Bankruptcy Alternatives
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COVID-19 Economic Fallout: Consumer Issues
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An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
Debt of an Ineligible Affiliate Is Included in the $7.5 Million Cap for Subchapter V
Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.