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?
Subchapter V Plan
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