In business, financial distress is an unfortunate reality that companies face. Downturns in the economy or unavoidable major expenses could suddenly push even the most resilient of companies to bankruptcy. There is, however, a lifeline for small businesses called Subchapter V of Chapter 11.
Said as Subchapter 5, this component of the Bankruptcy Code offers a practical approach for small businesses and their owners, to restructure their debts and avoid liquidation. It was enacted to assist small businesses get back on their feet. Here’s how the benefits of Subchapter V can save your enterprise from bankruptcy.
Simplified Process and Lower Costs
Sub Chapter V eliminates many of the lengthy court proceedings and costly legal bills. It also eliminates the mountain of administration expenses such as court costs, trustee, and other professional fees, such as attorney fees for creditor committees. These incidents can be debilitating for a small company and may defeat the advantages of restructuring.
Many of these obstacles are removed by simplifying the procedure in Subchapter V. It speeds up the process and lowers administrative costs by eliminating the creation of a creditors’ committee. Additionally, the debtor maintains control of the business.
Faster Resolution
When a business is having financial difficulties, time is of the essence. Subchapter V provides the debtor a 90 day exclusive right to file a plan and can be extended with court permission. That speeds up the reorganization of a company and keeps it out of liquidation. This accelerated system promotes quicker creditor negotiations and lowers legal costs. It cuts expenses, streamlines processes, and preserves owner control.
Flexible Repayment Plans
The flexibility the procedure gives in creating repayment arrangements is how Subchapter V benefits small businesses. The absolute priority rule is abolished in Subchapter V of the Bankruptcy Code. This does away with having to pay senior creditors in full before junior creditors and equity holders receive any compensation. Because of this, business owners can remain involved in the company and work with creditors to create a practical plan for restructuring while rebuilding for profitability.
Protection from Creditors
Similar to the standard Chapter 11, Subchapter V provides an automatic halt on lawsuits, foreclosures, and collection efforts against the company. With this protection, the company can now focus on restructuring itself without having to worry about creditor demands all the time. It keeps creditors from taking possession of assets or putting the company into liquidation.
From Crisis to Comeback
Bankruptcy does not necessarily have to spell the end of one’s business. Small firms can restructure their debts and safeguard their assets with the benefits of Subchapter V. Subchapter V offers the opportunity to save your business, your lifestyle, your home, and maybe even your marriage. The road to recovery may be closer than you think with bankruptcy expert Jon L. Martin, Attorney at Law. Call 772-419-0057 you’ll be glad you did
