“Two Paths, One Destination: Does the Small Business Case Still Matter in a Subchapter V World?”

Dominique Douglas authored the article, “Two Paths, One Destination: Does the Small Business Case Still Matter in a Subchapter V World?”, which was published in the American Bankruptcy Institute Journal.

In the article, Douglas highlights that courts continue to see debtors choosing to file under Chapter 11, identifying that the company is a small business debtor under 11 U.S.C. §101(51D) of the Bankruptcy Code, but chose not to proceed under Subchapter V of Chapter 11. She further points out that the benefits of proceeding under Subchapter V are clear, which begs the question: Is there a continued need for the small business case election when Subchapter V exists?