The Small Business Reorganization Act of 2019 (SBRA) - which was signed into law last August and takes effect on February 19th, 2020 - marks a significant change in bankruptcy law for small businesses in distress. The SBRA adds a new subchapter V to Chapter 11, with an aim towards easing the complexities and costs of small business bankruptcies. Learn when and how small business debtors can take advantage of the new streamlined Chapter 11 procedures. Explore the requirements for pursuing reorganization under the SBRA. Order today!
Subchapter V Overview: Legislative Goals and Notable Differences
Which Small Businesses Qualify as "Small Business Debtors"?
Procedure for Opting In
SBRA Case Timeline: Expedited Deadlines and Extensions
Standing Trustee: Appointment, Role, Duties and Power
Debtor-in-Possession: Role, Duties and Power
Plan of Reorganization: Who Can File and What Should it Include?
Plan Confirmation Requirements
Creditor Involvement and Treatment of Secured Claims
Requirements for Retaining Equity in the Business
"Disposable Income" for Small Business Debtors
What Falls Within the Property of the Estate?
Discharge: Timeframe, Effect and Exceptions
Practice Tips; Pros (and Cons?) of Electing Subchapter V Treatment
ROBERT G. HARRIS is a partner in the Silicon Valley bankruptcy boutique, Binder & Malter, LLP. Mr. Harris has been an active volunteer with the State Bar of California for 17 years. He has been the chair of the Business Law Section (“BLS”), twice served full terms with the Insolvency Law Committee (“ILC”) chairing it both times, and now chairs the Marketing & Communications Committee of the California Lawyers Association. Mr. Harris has been conference co-chair and educational co-chair of the California Bankruptcy Forum in recent years. Mr. Harris frequently lectures and writes on bankruptcy topics and has authored numerous articles, case analyses, and other material, including legislative proposals that have become law. Mr. Harris has also contributed to a book on the topic of small business bankruptcy and has twice testified before the California State Senate as an expert in the field of bankruptcy and insolvency. Mr. Harris started his legal career in 1986 by serving as a law clerk to the Honorable Lloyd King, Chief Judge of the United States Bankruptcy Court for the Northern District of California, from 1986 to 1988. Mr. Harris’ practice focuses on representing businesses and individuals in Chapter 11, both as debtors and creditors, and in bankruptcy litigation, state court assignments for the benefit of creditors (ABCs), receiverships, execution sales and various other bankruptcy and collection matters. He has substantial experience in a number of bankruptcy areas, including real estate restructurings, sales and reorganizations of high tech and general manufacturing companies, dealing with intellectual property rights in bankruptcy, and handling alleged securities laws and Federal Trade Act violations. Uniquely, Mr. Harris represents individuals in all these areas and, in particular, in Chapter 11. Mr. Harris received his B.A. degree, with distinction, from the University of California, Berkeley and his J.D. degree from Hastings College of the Law.
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