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For small business owners in New Jersey struggling to stay afloat, Subchapter V bankruptcy can offer a lifeline. Introduced as part of the Small Business Reorganization Act (SBRA) in 2019, Subchapter V is a streamlined version of Chapter 11 bankruptcy designed specifically for small businesses. It provides a more cost-effective and efficient path to reorganizing debt, making it easier for business owners to stay operational while managing their financial obligations. In this post, we’ll explore what Subchapter V bankruptcy is, how it works, and why it might be a good option for struggling business owners in New Jersey.
Subchapter V is a special provision under Chapter 11 bankruptcy that is tailored for small businesses. Its goal is to simplify the bankruptcy process, reduce costs, and allow small business owners to retain control of their operations. Unlike traditional Chapter 11, which can be complex and costly, Subchapter V is designed to be more accessible, faster, and better suited to the needs of small businesses.
Subchapter V includes several key features that distinguish it from traditional Chapter 11 and make it a more attractive option for small business owners:
Streamlined Process
No Absolute Priority Rule
Trustee Oversight
No Need for Creditor Committee
Shorter Timelines
Subchapter V is available to “small business debtors” as defined by the bankruptcy code. To qualify, the debtor must:
Be Engaged in Business or Commercial Activities
Have Total Debts Below the Debt Limit
At Least 50% of Debts Must Arise from Business Activities
Not Be a Single-Asset Real Estate Business
The Subchapter V process is structured to help business owners reorganize their debts efficiently. Here’s an overview of what to expect:
Filing the Petition
Appointment of a Subchapter V Trustee
The Debtor Remains in Control
Filing the Reorganization Plan
Plan Confirmation
Discharge of Remaining Debts
Subchapter V offers several advantages for small business owners in New Jersey:
Lower Costs
Quicker Resolution
Retention of Ownership
Flexibility in Restructuring
Subchapter V can be an ideal solution for small business owners facing financial difficulties, but it’s not the right option for everyone. It’s essential to consider factors such as the nature of your debts, your ability to develop a viable reorganization plan, and your long-term business goals.
If you’re a business owner in New Jersey considering Subchapter V bankruptcy, having experienced legal guidance is crucial to navigating the process successfully. At Robert H. Johnson LLC, we have extensive experience helping small business owners assess their options, prepare reorganization plans, and work toward a brighter financial future.
Contact us today to schedule a consultation and learn more about how Subchapter V could help your business overcome its financial challenges and thrive once again.
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Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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