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SBRA - Part 5: Plan Confirmation

Judge Hannah Blumenstiel discusses the confirmation of plans under the Small Business Reorganization Act (Subchapter 5) of the Bankruptcy Code. She explains the differences between traditional Chapter 11 and Subchapter 5 plan confirmations, highlighting the requirements for consensual and non-consensual confirmations. Consensual confirmation under Section 1191(a) necessitates acceptance by all impaired classes, while non-consensual confirmation under Section 1190(1)(b) allows for cram-down without a consenting impaired class. Blumenstein also covers the disposable income requirements, plan modification rules, and the impact on discharge, emphasizing the unique aspects of Subchapter 5 cases.

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Subchapter five, plan confirmation, Small Business Reorganization Act, consensual confirmation, non-consensual confirmation, cram-down confirmation, disposable income, projected disposable income, fair and equitable, secured claims, administrative claims

Hon. Hannah L. Blumenstiel is a U.S. Bankruptcy Judge for the Northern District of California in San Francisco. Prior to her appointment on Feb. 11, 2013, Judge Blumenstiel was an associate (2003-08) and then a partner (2008-12) with Winston & Strawn LLP, where she focused her practice on creditors’ rights litigation in state and federal court, including bankruptcy court. From 2001 to 2003, Judge Blumenstiel was an associate with Murphy Sheneman Julian & Rogers LLP, where she represented debtors, creditors and trustees in bankruptcy cases and adversary proceedings. She served as a law clerk to Hon. Charles M. Caldwell of the U.S. Bankruptcy Court for the Southern District of Ohio (Eastern Division) from 1998 to 2001, and from 1997-98, she represented the State of Ohio’s interests in bankruptcy cases as an assistant attorney general with the Revenue Recovery Section of the Ohio Attorney General’s Office. Judge Blumenstiel is ABI’s Vice President-Research Grants and serves as an Executive Editor of the ABI Journal. She received her J.D. from Capital University Law School in 1997 while working full-time for the Columbus Bar Association as director of its pro bono initiative, “Lawyers for Justice,” and her B.A. from Ohio State University in 1992.

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