News & Analysis as of

Small Business Reorganization Act of 2019 (SBRA) Reorganizations

Mandelbaum Barrett PC

What are Your Options if Your Veterinary Practice is Facing Financial Challenges?

Mandelbaum Barrett PC on

When your veterinary practice is experiencing financial difficulties, it is crucial to address those problems promptly to prevent issues from escalating. It is more effective to take proactive measures early rather than...more

Locke Lord LLP

Too Much of a Good Thing: Congress Allows Increased Subchapter 5 Eligibility Level to Expire

Locke Lord LLP on

Over the past few years, one of the universally celebrated success stories in the bankruptcy and restructuring world has been Subchapter V of the Bankruptcy Code. Created by the Small Business Reorganization Act of 2019 (the...more

Nelson Mullins Riley & Scarborough LLP

ABI’s Subchapter V Task Force Releases Final Report on Subchapter V Recommendations

Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”) on August 23, 2019, to facilitate the reorganization of smaller business debtors in the United States. The SBRA, codified as Subchapter V of Chapter 11...more

Patterson Belknap Webb & Tyler LLP

Popularity of Subchapter V Bankruptcy Filings

In 2019, Congress enacted the Small Business Reorganization Act, which created subchapter V within chapter 11 of the Bankruptcy Code. Congress’ intent was to create a more cost-efficient and streamlined restructuring process...more

Pillsbury Winthrop Shaw Pittman LLP

Conflicting Court Rulings on Subchapter V Eligibility Leave Small Businesses in Limbo

Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility. In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more

Nelson Mullins Riley & Scarborough LLP

Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor

In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5...more

Kelley Drye & Warren LLP

Subchapter V Changed The Chapter 11 Bankruptcy Landscape – How Should A Creditor Protect Itself?

Subchapter V was intended to be the faster, easier, and cheaper version of Chapter 11 bankruptcy, allowing small “Main Street” businesses to reorganize like mid-size and large companies. After participating in Subchapter V...more

Goodwin

A New Bankruptcy Lifeline for Startup, Early Stage and Emerging Growth Companies?

Goodwin on

Top 10 Questions About Subchapter V Reorganization - Reorganization under Chapter 11 of the Bankruptcy Code offers powers and benefits that are simply not available in out-of-court restructurings. Chapter 11...more

Cozen O'Connor

COVID Cash Crunch: Options for Reorganizing or Winding Down Your Company in Illinois

Cozen O'Connor on

The financial distress caused by the COVID-19 pandemic has left many companies reeling. With no clear end in sight, the bad news is that some businesses will be forced to pursue options for winding down or reorganizing....more

Bradley Arant Boult Cummings LLP

The Pros and Cons of the Small Business Reorganization Act of 2019

Effective February 19, 2020, Congress enacted new bankruptcy legislation granting debtors the option to elect a new subchapter V of chapter 11 of the bankruptcy code (Subchapter V). This was made possible by the bipartisan...more

Davis Wright Tremaine LLP

Small Business Reorganization Act

The Small Business Reorganization Act, which came into effect in February 2020, significantly changes the bankruptcy process for small businesses....more

Ward and Smith, P.A.

Controlling Expenses in Small Business Chapter 11 Cases

Ward and Smith, P.A. on

We previously informed you that if you are a small business that needed to file bankruptcy to save your company, you may be able to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code. Subchapter V was part...more

Schwabe, Williamson & Wyatt PC

Chapter 11 Bankruptcy is Expensive; the Small Business Reorganization Act Provides a Realistic Opportunity for Small Businesses to...

Many commentators have long complained and many companies have experienced the reality that bankruptcy laws are too complex, costly, and onerous to successfully allow small businesses to survive by reorganizing in bankruptcy....more

Harris Beach PLLC

Chapter 11 Reforms Provide Small Business Owners a Faster and Cheaper Way to Keep Control and Reorganize in Troubling Times

Harris Beach PLLC on

The Small Business Reorganization Act (“SBRA”) took effect on February 19, 2020 to little fanfare.  The new law was years in the making and intended to address a disconnect in the Chapter 11 process: small businesses that...more

Hinshaw & Culbertson - Consumer Crossroads

Exploring the Expansion of the Bankruptcy Code under the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, provides widespread economic relief for individuals and businesses adversely affected by the coronavirus outbreak and includes several key...more

Sands Anderson PC

The New Small Business Reorganization Act Comes with New Forms and Rules

Sands Anderson PC on

Congress recently enacted the Small Business Reorganization Act of 2019 (the “SBRA”), which created Subchapter V of the Bankruptcy Code, and became effective on February 19, 2020. The SBRA was enacted to expedite and reduce...more

Rosenberg Martin Greenberg LLP

A Look At The First Three Months Of The Small Business Reorganization Act

In August of 2019, the President signed into law the Small Business Reorganization Act (“SBRA”).  SBRA created a new Subchapter V of Chapter 11 of the United States Bankruptcy Code effective February 19, 2020.  SBRA is...more

Cole Schotz

COVID-19 Legislation Makes Reorganization Quicker And Less Expensive For Small Business Debtors

Cole Schotz on

Chapter 11 for the Smaller Guys. Until very recently, filing for Chapter 11 reorganization was a tool for larger businesses since the process is expensive and time consuming while the Debtor corporation seeks to negotiate...more

Robins Kaplan LLP

Can Corporate Bankruptcy Help Your Small Business? Expansion Of The Small Business Reorganization Act

Robins Kaplan LLP on

In the wake of the COVID-19 pandemic, the country’s small businesses have suffered systemic and catastrophic disruption to operations, demand and supply that will make it impossible for many such businesses to fulfill their...more

Locke Lord LLP

CARES Act Guide: Overview of Key Reorganization Provisions and Bankruptcy Code Amendments

Locke Lord LLP on

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,...more

A&O Shearman

The Liquidity Crunch

A&O Shearman on

The global economy has been greatly impacted by the COVID-19 pandemic and a significant drop in oil prices. The combination of these two factors coupled with the uncertainty surrounding the length of time COVID-19 will hold a...more

Nelson Mullins Riley & Scarborough LLP

CARES Act Makes Small Business Bankruptcy More Accessible

Companies with Debt Up to $7,500,000 Now Eligible for Relief - The primary purpose of the new CARES Act is to provide emergency financial and health care assistance to individuals, families, and businesses that are...more

Ballard Spahr LLP

CARES Act Temporarily Increases Debt Limit for Small Business Debtors, Creating Potential for Wave of Reorganization Cases

Ballard Spahr LLP on

The measures adopted across the United States to stop the spread of COVID-19 have substantially impacted small businesses, with even thriving businesses facing a temporary but steep decline in, or in many instances loss of...more

Husch Blackwell LLP

CARES Act Expands Subchapter V Eligibility For Debtors

Husch Blackwell LLP on

The recently enacted Coronavirus Aid, Relief and Economic Security (CARES) Act includes key provisions to provide financially distressed consumers and small businesses greater access to bankruptcy relief. Among these is an...more

Dickinson Wright

A Realistic Survival Option For Small Businesses – Relief Under The Small Business Reorganization Act

Dickinson Wright on

No one can yet predict the overall effect the COVID-19 pandemic will have on the economy in the long run. However, the immediate impact on small businesses seems readily apparent. The dramatic disruption has impeded cash...more

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