A Big Win for Creditors of Small Business Debtors
Bruce Nathan, partner & Mike Papandrea, counsel, Lowenstein Sandler LLP The “big” win: In a decision that helps balance Subchapter V’s pro-debtor provisions, the U.S. Court of Appeals for the Fifth Circuit recently held that the Bankruptcy Code’s exceptions to discharge apply to a corporate Subchapter V debtor with a nonconsensual plan (even though the […]