Business Law
Business Law Annual Review ISSUE 1, 2023 (ANNUAL REVIEW)
Content
- Annual Update of Alternative Dispute Resolution Cases and Legislation
- B-Law B-Law B-Law: Ethics For Business Lawyers Annual Review 2022
- Business Law News Editorial Team
- Executive Committee of the Business Law Section 2022-2023
- Health Law Standing Committee — 2022 Appellate Litigation Update
- Letter From the Chair
- Letter From the Editor
- Perspective On the New California Ratification Law Based On California Corporate and Delaware Ratification Practices
- Selected 2022 Developments In California Corporate Law
- Selected 2022 Developments In Nonprofit Organizations Law and Nonprofit Organizations Committee Highlights
- Table of Contents
- McLe Self-study Article Test Your Knowledge: Recent Developments In Insolvency Law 2022
MCLE SELF-STUDY ARTICLE TEST YOUR KNOWLEDGE: RECENT DEVELOPMENTS IN INSOLVENCY LAW 2022
Written by Thomas R. Phinney and Paul J. Pascuzzi*
Welcome to the eighth annual edition of our article covering recent developments in bankruptcy law. This article comes from a program we present for the Bankruptcy and Commercial Law Section of the Sacramento County Bar Association. Once again, we invite you to test your knowledge of recent developments in the area of insolvency law. Unless otherwise noted, all references are to the Bankruptcy Code. We provide a summary of the facts, issues, and holdings from a mix of ten recent important and interesting bankruptcy decisions. For MCLE credit, please answer the 20 true/false questions available at the CLA’s website: www. calawyers.org. Good luck!
1. Profit Motive Not Required for Subchapter V Eligibility: NetJets Aviation, Inc. v. RS Air, LLC (In re RS Air, LLC), No. BAP NC-21-1227-BGT, 2022 WL 1288608 (B.A.P. 9th Cir. April 26, 2022).
This case involves the requirements and burden of proof for a debtor to be eligible to file a subchapter V chapter 11 case. Subchapter V is a certain type of chapter 11 case for smaller businesses to attempt to reorganize more quickly and efficiently, and with less stringent requirements, than would be possible in a typical chapter 11 case. Section 1182(1)(A) requires that for a debtor to be eligible for subchapter V it must be "engaged in commercial or business activities."