Business Reorganization Under New Subchapter V of Chapter 11
In the “Small Business Reorganization Act”, Congress recently enacted the new Subchapter V of Chapter 11 business bankruptcy law to make small business reorganization cases
- quicker
- cheaper
- more effective
Quicker Timetable
- status conference with Bankruptcy Court within 60 of filing
- debtor report to Bankruptcy Court 14 days prior to status conference outlining plan confirmation efforts
- plan of reorganization must be filed within 90 days after filing unless extended
Who Qualifies for Subchapter V?
$2,725,625 or less noncontingent liquidate debt
50% of more of debt is commercial or business
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Subchapter V Plan
must be filed within 90 days of filing of the case unless extended
only the debtor can file the plan
opportunity to confirm plan with or without agreement of creditors
Simpler Procedures
- no quarterly US Trustee fees
- no creditors’ committee unless the Bankruptcy Court orders otherwise
- no separate disclosure statement
- assistance of subchapter V trustee
- more flexible path to plan confirmation