Law

Fourth Circuit: Discharge Exceptions Apply to Corporate Debtors in Subchapter V

In a matter of first impression not yet addressed by any circuit court, the U.S. Court of Appeals for the Fourth Circuit in the case of Cantwell-Cleary v. Cleary Packaging (In re Cleary Packaging), 36 ...
JD Supra

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

As discussed in prior posts and articles (here, here and here), in 2019 Congress passed the Small Business Reorganization Act creating new Subchapter V of Chapter 11 of the Bankruptcy Code. The ...
Forbes

Tenth Circuit Affirms Denial Of Discharge For Late Transfers In Cadlerock

We last visited the story of Dustin Wheeler in my article, Debtor’s Fraudulent Transfers Within One Year Of Bankruptcy Filing Leads To Disaster In Cadlerock (Oct. 26, 2024).This involved the U.S.
JD Supra

Can Small Business Corporate Debtors Discharge Section 523(a) Debts in a Subchapter V? The Eleventh Circuit Joins the Widening Circuit Split.

In Benshot, LLC v. 2 Monkey Trading, LLC et al., No. 23-12342, 2025 U.S. App. LEXIS 16936 (11th Cir. July 9, 2025), the U.S. Court of Appeals for the Eleventh Circuit addressed a difficult statutory ...