Understanding Subchapter V Bankruptcy in New Jersey: A Pathway for Small Business Owners
October 1, 2024
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.
What is Subchapter V Bankruptcy?
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.
Key Features of Subchapter V Bankruptcy
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
- Subchapter V eliminates some of the more cumbersome requirements of Chapter 11, such as the need for a separate disclosure statement and creditor approval of the reorganization plan. This streamlined approach reduces both time and legal fees.
No Absolute Priority Rule
- In a typical Chapter 11 case, the "absolute priority rule" requires that senior creditors be paid in full before equity holders (such as the business owner) can retain any ownership interest. Subchapter V eliminates this rule, allowing owners to retain their equity interests even if creditors are not paid in full, as long as the reorganization plan is fair and equitable.
Trustee Oversight
- A Subchapter V trustee is appointed to oversee the case, but unlike a Chapter 7 or traditional Chapter 11 trustee, the Subchapter V trustee’s role is primarily to facilitate the development and confirmation of the reorganization plan, rather than taking over management of the business.
No Need for Creditor Committee
- In most Chapter 11 cases, a committee of creditors is formed to represent the interests of unsecured creditors. Subchapter V eliminates this requirement, further reducing costs and complications.
Shorter Timelines
- Subchapter V cases have a 90-day deadline for the debtor to file a reorganization plan, significantly speeding up the process compared to traditional Chapter 11, which can drag on for months or even years.
Who Qualifies for Subchapter V in New Jersey?
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
- The business must be engaged in commercial or business activities, and the debtor must have a principal place of business in the United States.
Have Total Debts Below the Debt Limit
- As of 2024, the debt limit for Subchapter V eligibility is approximately $7.5 million. This amount includes both secured and unsecured debts and is subject to periodic adjustments.
At Least 50% of Debts Must Arise from Business Activities
- The majority (at least 50%) of the debtor’s debts must arise from business or commercial activities, as opposed to personal or consumer debts.
Not Be a Single-Asset Real Estate Business
- Businesses whose primary activity is the ownership of a single piece of real estate (such as a rental property) do not qualify for Subchapter V.
The Subchapter V Process: How It Works
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
- The process begins with filing a voluntary petition for Subchapter V in the appropriate bankruptcy court. The business must provide detailed information about its assets, liabilities, income, expenses, and business operations.
Appointment of a Subchapter V Trustee
- Once the petition is filed, the court appoints a Subchapter V trustee. The trustee’s role is to monitor the case, assist in the development of a reorganization plan, and help facilitate communication between the debtor and creditors.
The Debtor Remains in Control
- Unlike traditional Chapter 11, where a trustee may take over the business’s operations, the business owner (debtor) remains in control of day-to-day operations in Subchapter V.
Filing the Reorganization Plan
- Within 90 days of filing, the debtor must submit a reorganization plan that outlines how it will restructure its debts and pay creditors over time. The plan can include a variety of provisions, such as modifying payment terms, reducing the principal amount of debts, or even proposing a sale of some assets.
Plan Confirmation
- The court must confirm the reorganization plan. In Subchapter V, the plan can be confirmed without the approval of creditors, as long as it meets certain requirements, such as ensuring that the debtor’s disposable income over a 3-5 year period is dedicated to paying creditors.
Discharge of Remaining Debts
- Once the plan is completed, the court issues a discharge of any remaining qualifying debts, allowing the business to continue operating with a clean slate.
Benefits of Subchapter V for Small Business Owners
Subchapter V offers several advantages for small business owners in New Jersey:
Lower Costs
- The streamlined process and reduced administrative requirements make Subchapter V significantly less expensive than traditional Chapter 11.
Quicker Resolution
- The 90-day deadline for filing a plan and the simplified confirmation process mean that cases can be resolved more quickly, allowing the business to recover and move forward.
Retention of Ownership
- Business owners have a better chance of retaining ownership and control of their business under Subchapter V, even if creditors are not fully repaid.
Flexibility in Restructuring
- Subchapter V allows for more flexibility in restructuring debts, which can be crucial for businesses looking to remain operational while paying off creditors.
Is Subchapter V Right for Your Business?
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.
How Robert H. Johnson LLC Can Help
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.
Considering Chapter 7 bankruptcy? Learn how the means test determines eligibility and what options are available if you don’t qualify. Robert H. Johnson LLC helps New Jersey residents navigate the bankruptcy process.
Struggling with Chapter 13 payments? Learn when and why converting to Chapter 7 may be the best option. Robert H. Johnson LLC provides legal assistance to the New Jersey public in navigating bankruptcy solutions.
Learn how Chapter 7 bankruptcy affects your credit and discover practical steps to rebuild it. Robert H. Johnson LLC provides legal assistance to the New Jersey public, helping individuals regain financial stability.
Can I Keep My Car If I File for Chapter 7 Bankruptcy in New Jersey?
Filing for bankruptcy can be a difficult decision, but for many individuals and families facing overwhelming debt, Chapter 7 bankruptcy offers a path to financial relief. At Robert H. Johnson LLC, we help clients in New Jersey navigate the Chapter 7 bankruptcy process, providing guidance and support to help them regain control of their financial futures.  What Is Chapter 7 Bankruptcy? Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” is designed to eliminate most unsecured debts, such as credit card debt, medical bills, and personal loans. Unlike Chapter 13 bankruptcy, which involves creating a repayment plan, Chapter 7 allows you to discharge qualifying debts without having to make ongoing payments to creditors. In a Chapter 7 bankruptcy, a court-appointed trustee may sell certain non-exempt assets to pay off creditors. However, most people who file for Chapter 7 are able to keep the majority of their assets through the use of bankruptcy exemptions. Who Qualifies for Chapter 7 Bankruptcy? To qualify for Chapter 7 bankruptcy, you must pass the “means test,” which determines whether your income is low enough to qualify for debt discharge under this chapter. The means test compares your income to the median income in New Jersey for a household of your size. If your income is below the median, you likely qualify for Chapter 7. If your income is above the median, you may still qualify after deducting certain allowable expenses, such as mortgage or rent payments, healthcare costs, and childcare expenses. At Robert H. Johnson LLC, we help our clients determine if they meet the requirements for Chapter 7 bankruptcy and guide them through the process of completing the means test. The Chapter 7 Bankruptcy Process Filing the Petition: The process begins by filing a bankruptcy petition with the court. This includes providing detailed information about your assets, debts, income, and expenses. Your attorney will assist you in gathering and organizing the necessary documentation. Automatic Stay: Once you file for bankruptcy, an automatic stay goes into effect. This halts collection efforts from creditors, including wage garnishments, lawsuits, and foreclosure proceedings, providing immediate relief. Appointment of a Trustee: A bankruptcy trustee will be appointed to oversee your case. The trustee reviews your assets, debts, and financial situation, and may sell non-exempt assets to pay creditors. However, New Jersey bankruptcy exemptions allow most people to protect essential assets such as their home, vehicle, and personal belongings. Meeting of Creditors: About 30 days after filing, you will attend a “341 meeting,” where creditors and the trustee may ask you questions about your finances and the bankruptcy filing. Your attorney will be by your side to ensure this process goes smoothly. Discharge of Debts: If everything is in order, your qualifying debts will be discharged, typically within four to six months. This means you are no longer legally obligated to repay those debts, giving you a fresh financial start. What Debts Can Be Discharged in Chapter 7? Chapter 7 bankruptcy can eliminate many types of unsecured debt, including: Credit Card Debt Medical Bills Personal Loans Payday Loans Utility Bills However, certain debts cannot be discharged in Chapter 7, including: Child Support and Alimony: These obligations remain in place after bankruptcy. Student Loans: While student loans are generally not dischargeable, there are exceptions for extreme cases of hardship. Recent Tax Debts: Some older tax debts may be discharged, but most recent tax liabilities cannot. Debts from Fraud or Criminal Activity: Debts resulting from fraudulent activity or criminal acts are typically not dischargeable. Chapter 7 Bankruptcy Exemptions in New Jersey One of the biggest concerns for individuals considering Chapter 7 bankruptcy is whether they will lose their assets. The good news is that New Jersey allows bankruptcy filers to protect certain assets through exemptions, meaning you can often keep essential property such as: Your Home: New Jersey residents can use federal or state homestead exemptions to protect equity in their primary residence. Your Vehicle: You can often keep your car if the equity in the vehicle falls within the allowable exemption limit. Personal Property: Furniture, clothing, and other personal belongings are typically protected. Retirement Accounts: Most retirement accounts, such as 401(k)s and IRAs, are exempt from bankruptcy and cannot be seized by creditors. Your attorney will work with you to identify which assets are protected under New Jersey or federal exemptions and ensure that you retain as much of your property as possible. Benefits of Chapter 7 Bankruptcy Debt Relief: Chapter 7 eliminates most unsecured debts, giving you the opportunity to rebuild your financial life without the burden of overwhelming debt. Immediate Relief from Creditors: The automatic stay stops all collection efforts, giving you relief from harassing phone calls, wage garnishments, and lawsuits. Quick Process: Compared to other forms of bankruptcy, Chapter 7 is relatively quick, typically taking just four to six months from start to finish. Fresh Start: Once your debts are discharged, you have the chance to start over and rebuild your financial future without the constant pressure of unpaid bills. Why You Need an Experienced Bankruptcy Attorney Filing for Chapter 7 bankruptcy is a complex legal process that requires an in-depth understanding of bankruptcy laws and procedures. At Robert H. Johnson LLC, we have extensive experience helping individuals and families in New Jersey navigate Chapter 7 bankruptcy. Our team is here to guide you through every step of the process, from evaluating your eligibility to protecting your assets and ensuring that you receive the full benefits of a fresh start. If you are overwhelmed by debt and struggling to keep up with payments, Chapter 7 bankruptcy may offer the relief you need. At Robert H. Johnson LLC, we are committed to helping our clients in New Jersey achieve financial freedom through compassionate and effective legal representation. Our experienced attorneys will work with you to explore your options and guide you through the bankruptcy process. Contact Robert H. Johnson LLC today to schedule a consultation and take the first step toward a brighter financial future.
Facing financial difficulties can be overwhelming, but there is hope and assistance available. If you are a New Jersey resident considering Chapter 13 bankruptcy as a solution to your debt problems, you may want to consider seeking the expertise of an experienced attorney like Robert H Johnson LLC. With his years of experience in bankruptcy law, Attorney Johnson can guide you through the process and help you achieve financial relief.  Understanding Chapter 13 Bankruptcy: Chapter 13 bankruptcy is often referred to as a reorganization bankruptcy. It allows individuals with regular income to develop a plan to repay all or part of their debts over a period of three to five years. This type of bankruptcy can be beneficial for those who have steady income but are struggling to meet their debt obligations. The Role of Attorney Robert H Johnson LLC: Attorney Robert H Johnson specializes in bankruptcy law and has helped numerous clients navigate the Chapter 13 bankruptcy process successfully. He understands the complexities of bankruptcy laws and will work closely with you to create a feasible repayment plan that suits your unique financial situation. Personalized Approach: One of the key advantages of working with Attorney Robert H Johnson LLC is his personalized approach to each case. He takes the time to understand your specific circumstances and develops a tailored strategy that addresses your concerns and goals. Whether you are facing foreclosure, wage garnishment, or mounting credit card debt, he will advocate on your behalf and fight for your financial well-being. Expert Guidance Throughout the Process: Filing for Chapter 13 bankruptcy can be complex, involving detailed paperwork, court appearances, and negotiations with creditors. Attorney Robert H Johnson will provide expert guidance at every step of the process, ensuring that your rights are protected and that you have the best possible outcome in your case. Achieving Financial Freedom: By working with Attorney Robert H Johnson LLC on your Chapter 13 bankruptcy case, you can take proactive steps towards achieving financial freedom and starting fresh. With his knowledge, experience, and dedication to his clients, he will support you in overcoming your debt challenges and moving towards a brighter financial future. If you are considering filing for Chapter 13 bankruptcy in New Jersey, don't hesitate to reach out to Attorney Robert H Johnson LLC for trusted legal representation. With his compassionate approach and commitment to helping clients overcome financial difficulties, he can provide the guidance and support you need during this challenging time. Take the first step towards financial relief by scheduling a consultation with Attorney Johnson today.
Having trouble dealing with your debt problems? Look no further than Robert H. Johnson LLC, a dedicated debt settlement attorney ready to lead you towards financial freedom.
Facing foreclosure can be a stressful and overwhelming experience. This blog post from Robert H. Johnson LLC explains the importance of hiring an attorney for foreclosure defense in New Jersey. Learn about the benefits of professional legal representation, the intricacies of foreclosure law, and how our firm can help you protect your home and financial future.
Learn when to hire an attorney for debt settlement to effectively manage and reduce your debt. Discover the key scenarios that require professional legal assistance.
Understanding Chapter 7 Bankruptcy in New Jersey