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Tag Archives: Subchapter V

Deciding What Type of Business Bankruptcy to File

Opening a small business is exciting but risky. According to the Bureau of Labor Statistics, about 20 percent of small businesses fail in the first year. By the end of year five, 50 percent have failed. And after 10 years, 70 percent have gone out of business. For many small business owners, seeking bankruptcy protection […]

COVID-19 Complicates Estimation of Future Income for Subchapter V Reorganizations

The Small Business Reorganization Act (SBRA) offers a simpler and more affordable alternative to the traditional Chapter 11 bankruptcy process, which historically has been of little use to modest-sized companies. The SBRA procedure, known as Subchapter V, allows such businesses to create three- to five-year repayment plans based their “projected disposable income.” However, the recession […]

Using Cramdowns to Advantage in Subchapter V Bankruptcy

Subchapter V is a simplified form of Chapter 11 bankruptcy that was created to make the reorganization process more accessible to small businesses. One advantage of Subchapter V is the reduction of a company’s debts through use of a procedure known as a cramdown. Subchapter V bankruptcy has become especially important during the COVID-19 pandemic. […]

How the CARES Act Expands the Reach of Small Business Bankruptcy Protection

In February 2020 the Small Business Reorganization Act went into effect, creating a low-cost, streamlined procedure, known as Subchapter V, for small businesses seeking bankruptcy protection from creditors. No sooner had the law gone into effect than the COVID-19 virus hit the U.S., with a resulting economic recession that put thousands of businesses across the […]

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