Debt Limit Increased for New Chapter 11 Subchapter V

April 27, 2020

In February, 2020, a new Subsection V to Chapter 11 of the Bankruptcy Code became effective. 

As many of you are aware, Chapter 11 is generally used for the purpose of reorganization by businesses or by individuals whose debt exceeds the Chapter 13 debt limitation (below $394,725 in unsecured debt and below $1,184,200 in secured debt). Chapter 13 debt limits can easily be surpassed by individuals who have personally guaranteed business debt or have large student loans. The problem with Chapter 11 to small businesses and individuals is that it moves slowly and is very expensive as it was originally designed to reorganize large corporations. 

As an alternative, Congress finally passed a new Subchapter V which creates a shorter, more cost effective, stream-lined approach for small business and personal reorganization. As passed, individuals and businesses that qualify as a "small business debtor" are eligible for relief. 

To be a "small business debtor," the following criteria are required: (i) debtor is engaged in commercial or business activities; (ii) debtor has no more than $2,725,625 of non-contingent liquidated secured and unsecured debt; (iii) 50% of debt must have been generated from business or commercial activity; and (iv) the debtor cannot have as its primary activity the ownership of single asset real estate. 

Under the recently passed CARES Act, the debt limit for a Subchapter V entity has been increased, applicable only for 12 months since the passage of the Act, to $7,500,000. However, this only applies to Debtors filing their cases AFTER the passage of the CARES Act in March, 2020. The higher debt limit will help many small businesses and individuals who would otherwise been ineligible had the losses not occurred after the outbreak of COVID-19.

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Filing for bankruptcy can be a daunting and overwhelming process, especially when you’re not familiar with the legalities involved in the filing. Chapter 13 bankruptcy, in particular, can be quite complex and challenging to navigate without professional guidance. This is where the role of a competent and experienced bankruptcy attorney comes in. Bankruptcy attorneys are trained and knowledgeable about the intricacies of the bankruptcy process. In this blog post, we’ll delve into the importance of hiring a bankruptcy attorney, the benefits you stand to gain, and what exactly they do during the bankruptcy process.  1. Expert Legal Guidance and Advice: Filing for chapter 13 bankruptcy is not a decision that should be taken lightly. It is essential to ensure that you have all the necessary information before you make a move. This is where a bankruptcy attorney comes in. They provide expert legal guidance and advice, ensuring that you make an informed decision before filing. A qualified attorney has years of experience in handling complex bankruptcy cases, and they can review your financial situation, suggest viable options, and help you make the best decision. 2. Professional Representation and Advocacy: With a competent bankruptcy attorney on your side, you have an advocate who will represent you in court. They will work tirelessly to ensure that your rights are protected and that you get the best possible outcome. Bankruptcy attorneys understand the legalities involved in chapter 13 cases and can provide you with the best defense possible. 3. Reduction of Stress: Filing for chapter 13 bankruptcy can be an emotionally draining experience. However, with legal representation, your attorney will lift most of the burden off your shoulders. Your attorney will take care of all the paperwork, court filings, and communication with your creditors. This means that you will have more time to focus on yourself and your family, reducing your stress levels considerably. 4. Handling of Complex Paperwork: Filing for chapter 13 bankruptcy involves tons of paperwork that only a professional can manage effectively. Bankruptcy attorneys have been trained to handle these legal documents, ensuring that everything is in proper order, reducing the risk of errors, and speeding up the process. This also ensures that your case does not suffer any setbacks due to paperwork errors. 5. Negotiation with Creditors: One of the primary tasks of a bankruptcy attorney is to negotiate with your creditors. They will work with your creditors to come up with a repayment plan that suits your financial situation. Your attorney will ensure that you get a fair deal by negotiating lower interest rates, reduced monthly payments, extended payment plans, or even debt forgiveness, depending on your unique situation. Filing for chapter 13 bankruptcy in Louisiana can be intimidating, but with the help of a competent bankruptcy attorney, you can make the process more manageable. A bankruptcy attorney provides expert legal guidance, professional representation, and advocacy, reduces stress, handles complex paperwork, and negotiates with creditors on your behalf. Get in touch with a reliable bankruptcy attorney today and take your first step towards financial freedom.

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