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ARTICLE · 04 JUNE 2024

Subchapter V Summary

The general purpose of Chapter 11 of the Bankruptcy Code is to allow a reorganization either for an individual or a company. Several years ago, to encourage...

United StatesInsolvency/Bankruptcy/Re-Structuring

The general purpose of Chapter 11 of the Bankruptcy Code is to allow a reorganization either for an individual or a company. Several years ago, to encourage smaller companies and individuals who engage in business activities to reorganize, Congress enacted the Small Business Reorganization Act (the “SBRA” known as Subchapter V) which is designed to allow a more expeditious, efficient reorganization process with a quicker exit from bankruptcy. Initially, companies with less than $2.75 million in debt could utilize Subchapter V to reorganize through an expedited process. As the pandemic took over, Congress increased the debt limit to $7.5 million, enabling many more companies to take advantage of Subchapter V. Some of the advantages of Subchapter V:

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