Subchapter V: Episode 3: Subchapter V’s Evidentiary Standards

In this lively episode you will learn the evidentiary standards required for confirmation of a chapter 11, Sub V plan in both consensual and contested confirmation hearings from a retired bankruptcy judge and an experienced restructuring attorney. The panel will delve into the quantum of evidence required under section 1129 as well as specific methods of meeting your burdens. Recognizing that resources are commonly scarce in Sub V cases, the panel will focus on ways to meet those burdens through your client or other witnesses that do not require the expenditure of professional fees. The episode offers highly practical advice and cites specific cases that will help you get through the process. It also makes suggestions on when you need an expert, how to evaluate the qualities your expert should bring to the stand, and who never to call as an expert!