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Bankruptcy for Lenders: Chapter 11 & Subchapter V, The Small Business Reorganization Act

Sep 21 2:00 PM - Sep 21, 2021 3:30 PM
Sep 21, 2021 2:00 PM - 3:30 PM
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The pandemic changed everything – including Chapter 11 bankruptcies. The Small Business Reorganization Act became effective in 2020. Do you know the provisions of the Act or how to comply? What effect did the CARES Act have? What are the practical implications for your financial institution from this new, faster, debtor-friendly option? This timely webinar will cover it all!

Learning Objectives

  • Distinguish between a regular Chapter 11 bankruptcy and a SBRA bankruptcy filing under Subchapter V of Chapter 11
  • Identify your institution’s rights under a traditional Chapter 11 and the SBRA
  • Determine the appropriate steps when your borrower files a Chapter 11 bankruptcy – especially early on in the case
  • Understand key elements and conditions of the debtor’s reorganization plan
  • Challenge the debtor’s cramdown based on the collateral valuation and financial projections

The full financial impact of the global pandemic and subsequent recovery is still unknown. Certain businesses will have no choice but to seek Chapter 11 bankruptcy protection. In 2020, the Small Business Reorganization Act (SBRA) became effective. SBRA’s reach was expanded through the CARES Act to small business borrowers with debts of less than $7,500,000. It’s a new fast-track, debtor-friendly bankruptcy option that alters creditors’ rights in Chapter 11 bankruptcy cases. SBRA is faster because debtors are not required to file the detailed statement required in regular Chapter 11 cases. In addition, the SBRA reorganization plan must be filed within 90 days of the bankruptcy filing, while a regular Chapter 11 plan can take a year or more.

However, the most-notable debtor-friendly characteristic is that SBRA allows a debtor to “cramdown” a non-consensual reorganization plan. Under SBRA, only the debtor can file a reorganization plan, and the court can confirm a debtor’s plan without the support of any class of claims as long as the plan is deemed to be fair and equitable. This webinar will explain what you need to know about Chapter 11 and SBRA, including related potential pitfalls and traps.



Eric L. Johnson, JD, Spencer Fane LLP

Eric Johnson is a partner at Spencer Fane LLP. He represents financial institutions in bankruptcy, non-bankruptcy insolvency proceedings, such as receiverships and foreclosure proceedings, out-of-court workouts and restructurings, and other insolvency matters. An experienced litigator, Eric also represents clients in complex insolvency related litigation, including bankruptcy avoidance actions and other adversarial or contested matters. He is a member of the panel of Chapter 7 trustees for the Western District of Missouri and has served as a federal equity receiver. He holds a bachelor’s from the University of Northern Iowa and a JD from the University of Iowa College of Law.




Additional Info

Event Type

On-Demand Webinar

Topics Covered

  • On-Demand Webinars
  • Lending & Collections