Kollin Bender Lands Cover Article for the Virginia State Bar’s Bankruptcy Law News

01.21.2025

Kollin Bender wrote an article titled “Why Casting a Ballot (or Not) Matters: Non-voting Classes in Subchapter V Cases” that was picked up by the VSB’s Bankruptcy Law News.  This article explores the impact of non-voting creditor classes in Subchapter V bankruptcy cases under Chapter 11. It highlights a divide among bankruptcy courts on whether a plan can be confirmed consensually when an impaired class does not vote. While some courts require affirmative acceptance from all impaired classes, others, exclude non-voting classes from the calculation. This distinction can influence the cost, timeline, and outcome of bankruptcy proceedings.  Kollin underscores the importance of proactively engaging with creditors to avoid complications that may lead to increased costs and delayed debtor discharge.

Click here to view the full article from the Virginia State Bar’s Bankruptcy Law News.