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Business Organizations Law

Brooklyn Law School

Journal

2020

Family Farmer Relief Act; bankruptcy; Chapter 12; farmer; debt limit; Small Business Reorganization Act; Subchapter V; liquidation; reorganization; Small Business Debtor Reorganization; Chapter 11; American Bankruptcy Institute; National Bankruptcy Conference; Bankruptcy Clause; debtor; creditor; borrower; lender; Bankruptcy Abuse Prevention and Consumer Protection Act; BAPCPA; trustee; absolute priority rule; creditor's committees; single asset real estate; secured; unsecured; Securities Exchange Act of 1934; Farm Bureau; National Farmers Union; American Bankers Association; Coronavirus

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Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon Jun 2020

Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon

Brooklyn Journal of Corporate, Financial & Commercial Law

Bankruptcy law changed drastically in 2019 with the passage of several bills. This Note will examine two of them. First, the Family Farmer Relief Act of 2019 raised the debt limit of the family farmer from $4,411,400 to $10,000,000. This enables more financially distressed family farmers to be eligible for Chapter 12 relief, a reorganizational tool designed for farmers. Second, the Small Business Reorganization Act of 2019 created Subchapter V – Small Business Debtor Reorganization in Chapter 11. This new Subchapter streamlined the reorganization process for small business debtors by removing roadblocks which often derail a reorganization of a small …