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About us
Contact
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Bankruptcy Hans Riefkohl 8/29/25 Bankruptcy Hans Riefkohl 8/29/25

Winding Down a Business Is a Commercial or Business Activity for Purposes of Subchapter V Eligibility

Purposes of Subchapter V Eligibility In In re Tracy Neal Robinson, Case No. 22-02414, the U.S.

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Bankruptcy Hans Riefkohl 8/26/25 Bankruptcy Hans Riefkohl 8/26/25

9^(th) Circuit BAP: Certain Small Business Debtors Are Exempt From Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight

Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight bankruptcy courts which have held that non-individual debtors...

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Bankruptcy Hans Riefkohl 6/12/25 Bankruptcy Hans Riefkohl 6/12/25

Small Business Bankruptcies are Rising Due to Increased Interest Rates and Operating Costs Today’s @Wall Street Journal highlights how the Federal

and Operating Costs Today’s @Wall Street Journal highlights how the Federal Reserve’s efforts to slow inflation by raising interest rates have been...

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Bankruptcy Hans Riefkohl 5/28/25 Bankruptcy Hans Riefkohl 5/28/25

Judge Lamoutte Sua Sponte Revokes Subchapter V Designation From SARE Debtor Entities whose primary activity is the business of owning single asset

Debtor Entities whose primary activity is the business of owning single asset real estate (“SARE”) have long been treated differently in bankruptcy.

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Bankruptcy Hans Riefkohl 5/22/25 Bankruptcy Hans Riefkohl 5/22/25

Bankruptcy Court Holds That LLC Agreement Requirement That a Convertible

Loan Creditor Approve a Bankruptcy Petition Is Unenforceable In In re Roberson Cartridge, Co., LLC.

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Bankruptcy Hans Riefkohl 5/7/25 Bankruptcy Hans Riefkohl 5/7/25

Subchapter V Case Converted to Chapter 7 For Inability to Propose Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts

Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts A small business reorganization was converted into a liquidation under...

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Bankruptcy Hans Riefkohl 2/24/25 Bankruptcy Hans Riefkohl 2/24/25

A Subchapter V Trustee Can Use Property of the Estate Outside the Ordinary Course of Business A subchapter V trustee is a unique figure which has

Ordinary Course of Business A subchapter V trustee is a unique figure which has some of the duties of a chapter 11 trustee.

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Bankruptcy Hans Riefkohl 2/15/25 Bankruptcy Hans Riefkohl 2/15/25

Small Business Reorganization Converted to Liquidation After Blanket Security Interest Dooms Restructuring Efforts A Subchapter V case was converted

Security Interest Dooms Restructuring Efforts A Subchapter V case was converted to Chapter 7 after a bankruptcy judge found that the debtor could not...

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Bankruptcy Hans Riefkohl 2/6/25 Bankruptcy Hans Riefkohl 2/6/25

Inactive Business Addressing Legacy Debt Can Be “Engaged in Commercial or Business Activity” for Purposes Subchapter V Eligibility

or Business Activity” for Purposes Subchapter V Eligibility The U.S. Bankruptcy Court for the E.D.

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Bankruptcy Hans Riefkohl 1/28/25 Bankruptcy Hans Riefkohl 1/28/25

Eligible Small Business Corporate Debtors Exempt From Nondischargeability Determinations A non-individual small business debtor proceeding under

Nondischargeability Determinations A non-individual small business debtor proceeding under Subchapter V of Chapter 11 of the U.S.

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