Behind the Bench: Beyond The Finish Line – Post-Confirmation Issues in Subchapter V Cases

So much time and effort is spent on planning the commencement and confirmation of plans in Subchapter V cases, and all too often, little focus is given to the practical and sometimes significant aspects of a case after a debtor has successfully confirmed a plan. What a debtor’s emergence looks like post-confirmation rests in large part on whether confirmation was consensual or nonconsensual under Section 1192 of the Bankruptcy Code. Including bankruptcy judges from some of the busiest Subchapter V filing districts in the country, this panel will engage in a lively discussion of how courts are handling key post-confirmation issues that arise in Subchapter V cases, including: (i) plan injunctions/continuing applicability of the automatic stay; (ii) plan default provisions that limit creditor rights; (iii) revesting of assets in the debtor post-confirmation; (iv) continuing or terminating the role of the subchapter V trustee, (v) timing and payment of Subchapter V trustee fees and other administrative expenses; and (vi) closing the case and retention of jurisdiction issues.