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The Small Business Reorganization Act: What it Means to the Credit Grantor

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The Small Business Reorganization Act (SBRA), signed into law on August 23, 2019, became effective on February 19, 2020. The SBRA created a new Subchapter V of Chapter 11 which is meant to streamline the chapter 11 process for small businesses and reduce the prohibitive costs of reorganizing a debtor.

As a result of the COVID pandemic, the SBRA was revised by the
CARES Act (Coronavirus Aid, Relief and Economic Security Act) to permit small businesses with no more than $7,500,000 in secured and unsecured debt to file under the SBRA.

This program will present an overview of the SBRA, its revisions and include the points of most importance to the trade creditor who does business with these small businesses. The points to be discussed include:

1.  Appointment and duties of a trustee
2.  Small business reorganization plan and disclosure statement
4.  Elimination of Absolute Priority Rule
5.  Due diligence requirement for preference actions