For decades, mediation in bankruptcy has been a preferred method for resolving disputes involving distressed entities, and the enactment of the Small Business Reorganization Acct (SBRA), which became effective on February 19, 2020, practically ensured that this trend would continue. Since the 1980s...
Reorganizing under Subchapter V is less expensive for the debtor because certain administrative expenses that a small business would normally incur in a Chapter 11 case have been eliminated. Who is really eligible under the $7.5M...
A little over one year ago, just as the country was heading into a period of unprecedented turbulence caused by the COVID-19 pandemic, the Small Business Reorganization Act (SBRA) went into effect on February 19, 2020. Before SBRA, struggling businesses considering bankruptcy had two options:...
As economic calamities in the U.S. dominate the headlines, and the media focus relentlessly on the supposed demise of the retail, hospitality, and other industries, businesses of all sizes are forced to contemplate their futures. In particular, small and medium-size businesses (SMBs), as well as...
Pursuant to the Small Business Reorganization Act of 2019 (SBRA), which became effective on February 19, 2020, Chapter 11 of the U.S. Bankruptcy Code was amended to include new Subchapter V. Through newly added Bankruptcy Code Sections 1181-1195, “small business debtors” should be able to...
As most turnaround professionals know, federal legislation in response to the coronavirus pandemic created a limited window for more businesses to qualify for what is intended to be a faster, less costly, and simpler route through bankruptcy. This route exists through the Small Business...
The addition of Subchapter V to Chapter 11 of the U.S. Bankruptcy Code is an important innovation that introduces significant cost savings, allowing small business debtors an opportunity to reorganize. Most notably, Subchapter V transforms the role of the trustee from one of prosecutor to that of...
The Small Business Reorganization Act of 2019 (SBRA) became effective on February 19, 2020, bringing with it a new reorganization tool for small business debtors: Subchapter V of the U.S. Bankruptcy Code. Subchapter V streamlines the Chapter 11 bankruptcy process for small business debtors,...
Subchapter V, The Newest Tool to Help Small Businesses
Subchapter V trustees give an overview of eligibility for and key features of this new portion of the U.S. Bankruptcy Code designed to make Chapter 11 proceedings faster, cheaper, and easier for small businesses. With...
