The following is intended to be a collection of helpful resources for attorneys involved in subchapter V cases. The Bankruptcy Administrator cannot give legal advice, and none of the resources provided here are intended as such. Check back for updates.
The Small Business Reorganization Act of 2019 (the "SBRA"), signed into law on August 23, 2019, enacts a new subchapter V of chapter 11 of the Bankruptcy Code, codified as 11 U.S.C. §§ 1181-1195, and makes conforming amendments to several sections of the Bankruptcy Code.
The Coronavirus Aid, Relief and Economic Security (CARES) Act signed into law on March 27, 2020, amends the definition of "small business debtor" to expand access to the recently enacted SBRA for cases filed on or after the enactment of the CARES Act. Specifically, the CARES Act amends 11 U.S.C. § 1182(1) so that persons and businesses with not more than $7,500,000 in aggregate non-contingent liquidated secured and unsecured debts are generally able to proceed under subchapter V of chapter 11. These provisions of the CARES Act will sunset 1 year after the date of enactment.
National Forms Relevant to Subchapter V Cases:
- Voluntary Petition are modified to provide an option for electing to proceed under Subchapter V. See Line 13 of Official Form 101, Individual and Line 8 of Official Form 201, Non-Individual. If you are using petition preparation software, check with your vendor for updates related to Subchapter V cases.
- Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships under Subchapter V)
- Notice of Chapter 11 Bankruptcy Case (For Individual or Joint Debtors under Subchapter V)
- Monthly Operating Report for Small Business under Chapter 11
- Plan of Reorganization for Small Business under Chapter 11
Interim Rules were adopted to facilitate uniform implementation of the changes mandated by the SBRA:
Local Forms and Information:
- Form of Operating Order
- Contact Information for Subchapter V Trustees
- Request to Attend 341 Meeting by Telephone or WebEx
- Pre-Status Conference Report Form
Two New Subchapter V Docket Events:
- Pre-Status Conference Report
- Found at Bankruptcy Events>Other>Pre-Status Conference Report>Final Docket Text>Next
- Final Docket Text Example: "Pre-Status Conference Report (RE: related document Status Conference Subch. V)"
- Note: The docket event will auto link and reference the Order Status Conference
- Ch. 11 Plan Subchapter V
- Found at Bankruptcy Events>Other>Plan>"This is ASUB V" Clink Next>Optional - select Small Business and/or select Certificate of Services Attached>Final Docket Text>Next
- Final Docket Text Example: "Chapter 11 Plan Subchapter V (RE: related documet(s)  Voluntary Petition Under Chapter 11 filed by Debtor)"
- Note: There is only one Plan docket event. ECF recognizes the case chapter. There are two optional selections for Ch. 11 Subchapter V. The docket event will auto link and reference the Voluntary Petition.
- A Guide to the Small Business Reorganization Act of 2019, prepared by Judge Paul W. Bonapfel, United States Bankruptcy Judge for the Northern District of Georgia.
- American Bankruptcy Institute's SBRA Resources Page.
- Legislative History