Legal Opinion

In re Wheelchair Sales & Servs., Inc.

United States Bankruptcy Court, N.D. Illinois

Decided November 20, 2018No. Bankruptcy No. 18 B 05186Published

1Opinion of the Court

Donald R. Cassling, United States Bankruptcy Judge

When Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), it imposed new obligations upon "small business" Chapter 11 debtors that were more onerous than those applied to other Chapter 11 debtors. It justified these new burdens as necessary to correct the perceived lack of creditor oversight in small business Chapter 11 cases. H. R. Rep. No. 109-31, pt. 1 at 19 (2005), reprinted in 2005 U.S.C.C.A.N. 88, 105. One of the major changes Congress made was to require that small-business plans be confirmed…

2Cases cited12 opinions

  1. United States v. Public Utilities CommissionSupreme Court of the United States · 1953
  2. United States v. WoodsSupreme Court of the United States · 2013
  3. Scherr v. Marriott International, Inc.Court of Appeals for the Seventh Circuit · 2013
  4. Emergency Services Billing Corp. v. Allstate InsuranceCourt of Appeals for the Seventh Circuit · 2012
  5. Save Our Springs (S.O.S) Alliance, Inc. v. WSI (II)-COS, L.L.C.Court of Appeals for the Fifth Circuit · 2011

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