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Chapter 11 Sub V (SBRA) Bankruptcy Attorney in California
The Small Business Reorganization Act
Although Chapter 11 of the U.S. Bankruptcy Code contains provisions addressing small business debtors, many small businesses still struggle when filing for Chapter 11. Small businesses seeking debt relief through Chapter 11 often faced high costs, procedural challenges, and other roadblocks along the way.
Effective February 20, 2020, the Small Business Reorganization Act (SBRA) adds a new Sub V (SBRA) to Chapter 11 bankruptcy. The SBRA was created to facilitate the process and address the unique concerns of small business owners filing for bankruptcy.
At J. Doling Law, PC, we represent clients in Sub V cases bringing outstanding results, better payment terms, and ensuring stronger, stable businesses emerge from Sub V bankruptcy.
What The SBRA Does
When filing for Sub V bankruptcy, small businesses enjoy greater protection, more flexible confirmation provisions, and a more economical process. The Act applies to business owners with secured and unsecured debts valued at less than $7,500,000. This debt limit was increased from $2,700,000 under the CARES Act. Creditors, Debtors, Trustees, Attorneys, and Judges overwhelmingly agree the debt limit increase should be made permanent and proposals are before Congress now to do so.
Additional provisions in the SBRA include:
- Appointing a trustee: The trustee appointed in your bankruptcy will not have a role in your business’s operations. Instead, their job is to ensure that you make the appropriate payments according to the terms of your reorganization plan and that they are disbursed properly.
- Streamlined reorganization processes: Small businesses will enjoy lower costs and less cumbersome procedures under the SBRA. They will not have to obtain approval to propose a reorganization plan or solicit votes to have one confirmed. There are also no unsecured creditors’ committees. A status conference will be held within 60 days of the petition date.
- Removing the “new value” rule: Under the SBRA, small business equity holders no longer have to provide “new value” to maintain their equity interest in the debtor.
- Administrative expense claims: Small business debtors will not have to pay administrative expense claims when the plan goes into effect. Instead, they can pay those claims throughout the duration of the plan.
- Residential mortgage modifications: The SBRA lets small business debtors modify their residential mortgages under certain circumstances.
We encourage you to discuss your business’s financial concerns with our Sub V (SBRA) attorney. We can explain the ins and outs of the SBRA and help you navigate your bankruptcy with ease.
Find The Hope You Need When Dealing With Financial Hardships
Work with our CERTIFIED BANKRUPTCY SPECIALIST who is highly experienced and understands the different bankruptcy and debt settlement options. We’ll find the best solution for you and your family.