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Subchapter V Bankruptcy Attorney in New York

A More Practical Chapter 11 Option for Small Businesses Facing Serious Debt

A profitable business can still experience a financial crisis.

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High-interest business debt, declining revenue, tax obligations, lawsuits, judgments, merchant cash advances, commercial loan defaults, lease obligations, or unexpected operating losses can put tremendous pressure on an otherwise viable company.

When closing the business isn't the answer, Subchapter V bankruptcy may offer a way to restructure debt while continuing to operate.

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Subchapter V is a specialized form of Chapter 11 bankruptcy created specifically to make business reorganization more accessible to qualifying small businesses. It can offer a faster, less procedurally burdensome alternative to a traditional Chapter 11 case while giving business owners an opportunity to reorganize debt and preserve the company's value.

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An experienced Subchapter V bankruptcy attorney can evaluate whether your business qualifies, determine how secured and unsecured debts may be treated, develop a realistic reorganization strategy, negotiate with creditors, and guide the business toward confirmation of a Chapter 11 plan.

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At Kamini Fox, PLLC, we help businesses and business owners throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, Long Island, and the greater New York metropolitan area evaluate Chapter 11 and Subchapter V bankruptcy options.

With more than 20 years of experience in bankruptcy, corporate restructuring, and debtor and creditor rights, attorney Kamini Fox understands the financial and legal pressures businesses face when debt threatens their operations.

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Financial distress does not always mean the business has failed. Sometimes the debt structure needs to change.

 

GET CASE EVALUATION

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What Is Subchapter V Bankruptcy?

Subchapter V is a specialized section of Chapter 11 bankruptcy designed primarily for qualifying small businesses.

 

Congress created Subchapter V through the Small Business Reorganization Act of 2019 to make Chapter 11 reorganization more practical for smaller companies that may not have the resources to navigate the cost and procedural complexity associated with a traditional Chapter 11 case.

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Like a traditional Chapter 11 case, Subchapter V can allow a business to:

  • Continue operating

  • Obtain bankruptcy protection from most creditor collection activity

  • Restructure secured and unsecured debt

  • Negotiate with creditors

  • Address lawsuits and judgments

  • Restructure certain contracts and leases

  • Develop a court-approved repayment strategy

  • Preserve business value

  • Avoid an immediate liquidation

 

However, Subchapter V contains procedures specifically designed to move small-business cases forward more efficiently.

 

For a qualifying business owner who wants to reorganize rather than shut down, working with a knowledgeable Chapter 11 Subchapter V attorney can provide an opportunity to stabilize operations while addressing the debt that is creating the financial crisis.

Who Qualifies for Subchapter V Bankruptcy in 2026?

Not every business qualifies for Subchapter V.

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For cases filed in 2026, a qualifying small business debtor generally must have aggregate noncontingent, liquidated secured and unsecured debts of no more than $3,424,000.

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The $3,424,000 threshold became effective April 1, 2025 and is subject to future adjustment under federal bankruptcy law.

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In addition, generally:

  • The debtor must be engaged in commercial or business activities

  • At least 50% of the qualifying debt must have arisen from commercial or business activities

  • Certain publicly traded companies and their affiliates are excluded

  • A business whose primary activity is owning or operating a single piece of real property may not qualify under the small business debtor rules

 

Eligibility can become complicated when a business has disputed debts, guarantees, related entities, real estate holdings, contingent liabilities, or obligations owed by both the business and its owners.

 

That makes the eligibility analysis an important part of planning a Subchapter V filing.

 

Kamini Fox can examine your business structure, debts, assets, creditor claims, revenue, and operations to determine whether Subchapter V Chapter 11 bankruptcy may be available.

What Happened to the $7.5 Million Subchapter V Debt Limit?

Business owners researching Subchapter V online may still see references to a $7.5 million debt limit.

 

That information is outdated for new cases.

 

Congress temporarily increased the Subchapter V debt threshold to $7.5 million. That temporary increase expired in June 2024.

 

The applicable small-business debt threshold was later adjusted for inflation.

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For bankruptcy cases filed on or after April 1, 2025, the applicable debt limit is $3,424,000.

 

Because bankruptcy eligibility thresholds can change, businesses should have current debt levels reviewed before relying on older articles, calculators, or bankruptcy information found online.

How Can Subchapter V Help a Small Business?

The goal of Subchapter V is generally reorganization rather than liquidation.

 

That distinction can be crucial for a business with a viable underlying operation that can't continue carrying its existing debt structure.

 

Subchapter V may provide tools to help a business address:

  • Business loans

  • Lines of credit

  • Merchant cash advance obligations

  • Equipment financing

  • Commercial leases

  • Tax liabilities

  • Vendor debt

  • Accounts payable

  • Judgments

  • Lawsuits

  • Secured loans

  • Personally guaranteed business obligations

  • Other commercial debts

 

The filing may give management time to stabilize operations and propose a financial structure the business can realistically support.

 

Instead of allowing one aggressive creditor to determine the future of the business, bankruptcy can bring creditors into a centralized federal court process.

Can Subchapter V Stop Business Collection Actions?

Filing a Subchapter V bankruptcy case generally triggers the automatic stay under federal bankruptcy law.

 

The automatic stay can stop or temporarily halt many creditor actions against the debtor, including:

  • Collection lawsuits

  • Judgment enforcement

  • Bank account restraints

  • Levies

  • Execution against business property

  • Repossession efforts

  • Foreclosure proceedings

  • Collection demands

  • Certain termination or enforcement actions

 

The automatic stay can give a financially distressed business critical breathing room.

 

Instead of responding simultaneously to lawsuits, bank restraints, collection calls, and enforcement proceedings, management can concentrate on stabilizing operations and preparing a restructuring strategy.

 

There are exceptions to the automatic stay, and creditors may ask the bankruptcy court for permission to continue certain actions.

 

Your Subchapter V bankruptcy lawyer can evaluate pending collection activity and determine how bankruptcy may affect each creditor.

Can My Business Continue Operating During Subchapter V?

Generally, yes.

 

One of the primary reasons businesses use Chapter 11 is the ability to continue operating while restructuring.

 

In most Subchapter V cases, existing management remains in control of the business as a debtor in possession.

 

That may allow the business to continue:

  • Serving customers

  • Paying employees

  • Purchasing inventory

  • Collecting receivables

  • Managing operations

  • Negotiating with vendors

  • Using business assets

  • Generating revenue

 

Bankruptcy does impose additional legal and financial responsibilities.

 

Certain transactions may require bankruptcy court approval, and the business must comply with reporting requirements, court orders, and obligations arising during the bankruptcy case.

 

The objective is not merely to remain open during bankruptcy.

 

The objective is to use the protection of Chapter 11 to create a business that can successfully operate after bankruptcy.

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What Makes Subchapter V Different From Traditional Chapter 11?

Subchapter V was designed to address some of the obstacles that historically made Chapter 11 difficult for smaller companies.

 

Important differences may include:

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A Subchapter V Trustee Is Appointed

A trustee is appointed in a Subchapter V case.

 

Unlike a Chapter 7 trustee whose role commonly involves liquidating nonexempt property, the Subchapter V trustee generally works to facilitate the development of a consensual reorganization plan and assist the parties in moving the case toward resolution.

 

The debtor typically remains in control of day-to-day business operations.

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No Creditors' Committee in Most Cases

Traditional Chapter 11 cases may involve an official committee of unsecured creditors whose professionals can increase the overall cost and complexity of the case.

 

In Subchapter V, a creditors' committee is generally not appointed unless the court orders otherwise.

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A Separate Disclosure Statement Is Generally Not Required

Traditional Chapter 11 frequently requires a detailed disclosure statement before creditors vote on a reorganization plan.

Subchapter V generally eliminates that separate requirement unless the bankruptcy court orders otherwise.

 

This can reduce procedural complexity.

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The Debtor Has the Exclusive Right to Propose a Plan

Only the debtor may file a Subchapter V plan.

 

That gives the business greater control over the restructuring process than in a traditional Chapter 11 case where, under certain circumstances, creditors or other parties may eventually propose competing plans.

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The Plan Is Filed Quickly

The debtor generally must file a Subchapter V reorganization plan within 90 days after the bankruptcy case begins, unless the court extends the deadline because circumstances for which the debtor should not justly be held accountable require an extension.

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That accelerated timeline encourages the debtor and creditors to address restructuring issues early.

 

A Plan May Be Confirmed Without Every Creditor Class Agreeing

One of the most important features of Subchapter V is the ability, under appropriate circumstances, to obtain confirmation of a reorganization plan even when one or more creditor classes do not accept it.

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This can be extremely important when negotiations with a major creditor have reached an impasse.

Can Business Owners Keep Their Company in Subchapter V?

Potentially, and this is one of Subchapter V's most significant advantages.

 

Traditional Chapter 11 contains what is commonly known as the absolute priority rule, which can create significant problems for existing owners seeking to retain their ownership interests when unsecured creditors are not being paid in full.

 

Subchapter V modifies the traditional rules that would otherwise make retaining ownership more difficult.

 

Under appropriate circumstances, business owners may retain their ownership interests even when unsecured creditors are not paid in full.

 

However, this does not mean a business can simply eliminate its debts while offering creditors nothing.

 

A nonconsensual Subchapter V plan must satisfy specific requirements under the Bankruptcy Code, including standards concerning fairness, feasibility, and the debtor's projected disposable income or equivalent value.

 

The proposed plan's structure should therefore be developed carefully.

How Does a Subchapter V Repayment Plan Work?

A Subchapter V plan explains how the business intends to restructure and treat its debts.

 

No single formula applies to every company.

 

Depending on the business and its creditor structure, a plan may address:

  • Secured business loans

  • Tax debt

  • Equipment financing

  • Commercial leases

  • Vendor obligations

  • Judgment creditors

  • Unsecured business loans

  • MCA obligations

  • Personal guarantees

  • Executory contracts

  • Property liens

  • Other commercial obligations

 

The plan must comply with the Bankruptcy Code and demonstrate that the proposed restructuring is financially feasible.

 

In some cases, the business may negotiate a consensual plan with creditors.

 

In others, the business may seek confirmation despite creditor opposition if it satisfies the statutory requirements for a nonconsensual Subchapter V plan.

 

That flexibility can give a viable small business leverage that may not exist outside bankruptcy.

What Is the Role of the Subchapter V Trustee?

Every Subchapter V case generally appoints a trustee.

 

The trustee's role differs significantly from that in a Chapter 7 liquidation.

 

The Subchapter V trustee may:

  • Review the business's financial affairs

  • Participate in status conferences and proceedings

  • Facilitate negotiations between the debtor and creditors

  • Assist the debtor in developing a confirmable plan

  • Monitor the debtor's progress

  • Make recommendations concerning confirmation

  • Perform other duties required by the Bankruptcy Code or court

 

In most cases, management continues operating the company.

 

The trustee generally helps facilitate a successful reorganization rather than automatically taking over and liquidating the business.

What Is the 90-Day Subchapter V Plan Deadline?

Subchapter V moves quickly.

 

The Bankruptcy Code generally requires the debtor to file its reorganization plan within 90 days of the bankruptcy filing.

 

The court may extend that period when circumstances for which the debtor should not justly be held accountable make an extension necessary.

 

This means substantial planning should ideally take place before the bankruptcy petition is filed.

 

Your attorney may need to evaluate:

  • Business income

  • Operating expenses

  • Cash flow

  • Assets

  • Liens

  • Tax obligations

  • Secured loans

  • Unsecured debts

  • Lawsuits

  • Contracts

  • Leases

  • Creditor claims

  • Future revenue projections

 

Waiting until after filing to determine whether the business can support a reorganization plan can create unnecessary risk.

 

A successful Subchapter V strategy often begins well before the case reaches the bankruptcy court.

Can Subchapter V Reduce Business Debt?

Subchapter V can permit qualifying debt to be restructured, and unsecured creditors do not necessarily have to receive 100% of what they are owed.

 

The actual treatment of debt depends on:

  • Type of debt

  • Collateral

  • Value of secured property

  • Priority status

  • Business income

  • Disposable income

  • Creditor negotiations

  • Plan structure

  • Bankruptcy Code requirements

 

Secured, priority, and unsecured claims are treated differently.

 

Some debts may need to be paid in full.

 

Others may potentially be paid over time or receive only a portion of the outstanding balance.

 

An attorney should analyze the company's complete debt structure before estimating what a Subchapter V plan could accomplish.

Can Subchapter V Help With Merchant Cash Advance Debt?

Small businesses sometimes file for bankruptcy after becoming overwhelmed by multiple daily or weekly withdrawals tied to merchant cash advance agreements or similar business financing arrangements.

 

When payments consume too much of the company's operating revenue, the business can enter a cycle in which it uses new financing simply to meet existing obligations.

 

Subchapter V may provide an opportunity to bring these obligations into a broader court-supervised restructuring.

 

How a specific merchant cash advance obligation is treated can depend on:

  • The terms of the agreement

  • The nature of the transaction

  • Security interests

  • UCC filings

  • Personal guarantees

  • Pending litigation

  • Judgments

  • Collection activity

  • Applicable state and bankruptcy law

 

Business owners facing MCA collection activity should seek legal advice before moving funds, transferring assets, closing accounts, or taking other actions that could affect a potential bankruptcy.

What Happens to Personal Guarantees in Subchapter V?

Many small-business owners personally guarantee loans, commercial leases, merchant cash advances, lines of credit, or other company obligations.

 

A bankruptcy filed by a corporation or LLC does not automatically eliminate the owner's personal liability under a valid personal guarantee.

 

This distinction is critical.

 

A business restructuring may solve the company's financial problem while leaving the owner exposed to creditor collection personally.

 

Before filing, Kamini Fox can evaluate:

  • Which obligations are guaranteed

  • Who signed each guarantee

  • Whether litigation has begun

  • Whether judgments have been entered

  • Available defenses

  • Whether an individual bankruptcy or other strategy should also be considered

  • How the business restructuring could affect guaranteed obligations

 

A Subchapter V strategy should consider both the business and the people who own it.

Can Subchapter V Help With Tax Debt?

Potentially.

 

Businesses struggling financially often owe federal, New York State, or local taxes in addition to private creditor debt.

 

Chapter 11 may provide a structured method of addressing certain tax obligations while the company continues operating.

 

The treatment of tax debt depends on factors including:

  • Type of tax

  • Tax period

  • Priority status

  • Whether a tax lien has been filed

  • Available collateral

  • Timing of assessments

  • The proposed reorganization plan

 

Tax claims can significantly affect whether a Subchapter V plan is feasible, so tax obligations should be analyzed before filing.

Can Subchapter V Help With Commercial Leases?

A commercial lease can be one of a business's largest obligations.

 

Chapter 11 provides mechanisms for dealing with certain ongoing contracts and unexpired leases.

 

Depending on the circumstances and applicable bankruptcy requirements, a debtor may be able to assume or reject certain executory contracts and unexpired leases.

 

For a business with multiple locations or contracts that no longer make economic sense, these provisions can be an important part of restructuring operations.

 

The objective may be to preserve profitable parts of the company while addressing contractual obligations that are preventing the business from becoming financially sustainable.

When Should a Business Consider Subchapter V?

Although every case is different, the process generally includes several major stages.

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1. Evaluate the Business

Before filing, Kamini Fox can review the company's:

  • Revenue

  • Expenses

  • Cash flow

  • Assets

  • Liabilities

  • Loans

  • UCC liens

  • Tax obligations

  • Contracts

  • Leases

  • Lawsuits

  • Judgments

  • Personal guarantees

  • Ownership structure

  • Financial projections

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The first question is whether the underlying business is viable.

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2. Determine Subchapter V Eligibility

Analyze the business's aggregate debt and the source of those obligations to determine whether it qualifies under current small-business debtor requirements.

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3. Develop the Restructuring Strategy

Before filing, the business should identify what must change for operations to become sustainable.

 

That may involve restructuring debt, reducing expenses, renegotiating obligations, rejecting burdensome agreements, or changing other aspects of the business.

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4. File Chapter 11 and Elect Subchapter V

The bankruptcy petition is filed and the debtor elects to proceed under Subchapter V.

 

5. The Automatic Stay Begins

Most creditor collection efforts against the debtor are generally stayed.

 

This provides the business an opportunity to concentrate on restructuring.

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6. A Subchapter V Trustee Is Appointed

The trustee participates in the case and generally works to facilitate development of a confirmable plan.

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7. The Business Continues Operating

Existing management generally continues operating the business as debtor in possession, subject to applicable bankruptcy requirements.

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8. Develop and File the Reorganization Plan

The debtor generally has 90 days from the bankruptcy filing to submit its Subchapter V plan, unless the court permits an extension under the applicable statutory standard.

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9. Resolve Creditor Issues

The debtor may need to address claims, liens, objections, negotiations, and other disputes.

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10. Seek Confirmation of the Plan

The bankruptcy court determines whether the proposed plan satisfies the requirements for confirmation.

 

Once the plan becomes effective, the business moves forward under its restructured obligations.

Subchapter V vs. Traditional Chapter 11 Bankruptcy

Both Subchapter V and traditional Chapter 11 provide tools for reorganizing debt.

 

But Subchapter V was specifically designed to make restructuring more accessible to qualifying smaller businesses.

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Subchapter V may offer:

  • A faster timetable

  • A 90-day deadline for filing the plan

  • No separate disclosure statement in most cases

  • No creditors' committee in most cases

  • A Subchapter V trustee to facilitate the restructuring

  • Exclusive ability of the debtor to propose a plan

  • Greater flexibility for business owners seeking to retain ownership

  • A potential path to confirmation without acceptance by an impaired creditor class

 

Traditional Chapter 11 may remain appropriate or necessary for:

  • Businesses exceeding the Subchapter V eligibility threshold

  • More complex corporate structures

  • Large commercial restructurings

  • Certain real estate cases

  • Businesses with creditor structures better suited to traditional Chapter 11

  • Other situations in which Subchapter V eligibility requirements are not satisfied

 

Learn more about Chapter 11 bankruptcy for businesses and individuals.

Subchapter V vs. Chapter 7 Business Bankruptcy

Chapter 7 and Subchapter V have fundamentally different objectives.

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Chapter 7

A business Chapter 7 generally involves liquidation.

 

A trustee may take control of the company's nonexempt assets, liquidate them, and distribute available proceeds to creditors according to bankruptcy law.

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For a corporation or LLC that will no longer operate, liquidation may sometimes be appropriate.

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Subchapter V

Subchapter V is primarily a reorganization process.

 

The business generally continues operating and attempts to restructure its financial obligations through a Chapter 11 plan.

 

If the company has a viable business model but an unsustainable debt structure, Subchapter V may offer an alternative to simply closing the doors.

 

The correct strategy depends on the value of the business, its cash flow, debt structure, assets, creditor pressure, and prospects for future profitability.

Why Hire a Subchapter V Bankruptcy Attorney?

Subchapter V was designed to be more efficient than traditional Chapter 11, but it is still a sophisticated federal bankruptcy proceeding.

 

The decisions made before and during the case can affect the company's operations, ownership, assets, creditors, taxes, employees, contracts, leases, and future viability.

 

A Subchapter V bankruptcy attorney can help you:

  • Determine whether the business qualifies

  • Analyze the current debt threshold

  • Review secured and unsecured debt

  • Evaluate liens and collateral

  • Address lawsuits and judgments

  • Evaluate merchant cash advance obligations

  • Review personal guarantees

  • Analyze tax liabilities

  • Prepare bankruptcy schedules and financial disclosures

  • Develop cash-flow projections

  • Advise management on debtor-in-possession responsibilities

  • Address contracts and leases

  • Negotiate with secured and unsecured creditors

  • Work with the Subchapter V trustee

  • Develop the reorganization plan

  • Respond to creditor objections

  • Resolve disputed claims

  • Seek confirmation of the plan

  • Position the business to emerge from bankruptcy successfully

 

The question is not simply whether the company can file Subchapter V.

 

The more important question is whether Subchapter V can create a financial structure the business can realistically sustain.

Why Choose Kamini Fox for Subchapter V Bankruptcy?

More Than 20 Years of Bankruptcy and Restructuring Experience

Kamini Fox has practiced in bankruptcy, corporate restructuring, and debtor and creditor rights for more than two decades.

Her experience includes representing Chapter 11 debtors as well as creditors and other parties in bankruptcy proceedings.

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Significant Chapter 11 Experience

Kamini Fox has handled Chapter 11 debtor representations involving businesses across different industries.

 

Her background in complex bankruptcy matters provides valuable perspective when analyzing the relationships between debtors, secured creditors, unsecured creditors, landlords, lenders, and other parties involved in a restructuring.

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Experience Representing Both Debtors and Creditors

Understanding both sides of a bankruptcy dispute can be valuable when developing a restructuring strategy.

 

Kamini Fox has experience representing debtors as well as secured and unsecured creditors in bankruptcy cases.

 

That perspective can help anticipate creditor concerns, identify likely areas of dispute, and develop strategies for moving negotiations forward.

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Strategy Before Filing

A Chapter 11 case should not begin with the bankruptcy petition.

 

Kamini Fox analyzes the company's operations, debt, assets, creditor exposure, and objectives before determining whether Subchapter V is the right strategy.

 

In some cases, Chapter 11 may be appropriate.

 

In others, negotiations, workouts, traditional Chapter 11, liquidation, or another solution may make more sense.

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New York Business Bankruptcy Representation

Kamini Fox, PLLC is located in Garden City, New York, and assists businesses and business owners throughout:

  • Nassau County

  • Suffolk County

  • Queens

  • Brooklyn

  • Manhattan

  • Long Island

  • The greater New York metropolitan area

Frequently Asked Questions About Subchapter V Bankruptcy

What is Subchapter V bankruptcy?

Subchapter V is a specialized form of Chapter 11 bankruptcy created for qualifying small-business debtors. It is designed to make business reorganization faster and less procedurally burdensome than many traditional Chapter 11 cases while allowing qualifying businesses to continue operating and restructure their debts.

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Is Subchapter V the same as “Subchapter 5 bankruptcy”?

Yes, when people search for “Subchapter 5 bankruptcy,” they are generally referring to Subchapter V of Chapter 11. The correct legal terminology uses the Roman numeral V, not the number 5.

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What is the Subchapter V debt limit in 2026?

For cases filed in 2026, the applicable small-business debtor threshold is generally $3,424,000 in aggregate noncontingent, liquidated secured and unsecured debt. The threshold became effective April 1, 2025, and is periodically adjusted under federal bankruptcy law.

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What happened to the $7.5 million Subchapter V limit?

The $7.5 million threshold was temporary and expired in June 2024. The applicable small-business debtor limit was subsequently adjusted for inflation to $3,424,000 for cases filed on or after April 1, 2025.

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Who can file Subchapter V bankruptcy?

A qualifying debtor generally must be engaged in commercial or business activities, fall within the applicable debt limit, and have at least 50% of the relevant debt arise from commercial or business activities. Other statutory exclusions and requirements apply.

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Can an LLC file Subchapter V?

Potentially. LLCs, corporations, partnerships, sole proprietors, and certain individuals engaged in business activities may potentially qualify if they satisfy the applicable eligibility requirements.

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Can a business stay open during Subchapter V?

Generally, yes. Existing management typically continues operating the business as debtor in possession while the company develops and implements its restructuring strategy.

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Does a Subchapter V trustee take over my business?

Generally, no. A Subchapter V trustee is appointed, but existing management ordinarily remains in control of day-to-day operations unless the bankruptcy court orders otherwise. The trustee typically helps facilitate the reorganization process.

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How quickly must a Subchapter V plan be filed?

The debtor generally must file its reorganization plan within 90 days after filing the bankruptcy case. The bankruptcy court can extend that deadline under limited circumstances permitted by the Bankruptcy Code.

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Can creditors block a Subchapter V bankruptcy plan?

Creditor support can make confirmation easier, but Subchapter V may permit a plan to be confirmed without acceptance by an impaired class if the plan satisfies the Bankruptcy Code's requirements for nonconsensual confirmation.

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Can business owners keep ownership after Subchapter V?

Potentially. Subchapter V provides more flexibility than traditional Chapter 11 for existing owners to retain their interests even when unsecured creditors are not being paid in full. Specific confirmation requirements still must be satisfied.

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Does Subchapter V stop lawsuits?

Filing generally triggers the automatic stay, which stops many lawsuits and collection proceedings against the debtor. Exceptions apply, and creditors can sometimes request relief from the stay.

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Does Subchapter V stop a bank levy or restraint?

The automatic stay generally stops many collection and judgment-enforcement actions after the bankruptcy filing. The exact effect depends on the timing and circumstances of the enforcement action.

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Can Subchapter V help with MCA debt?

Potentially. Merchant cash advance obligations may be addressed as part of a broader Chapter 11 restructuring. How a specific MCA claim is treated depends on the agreement, collateral, liens, guarantees, litigation status, and applicable law.

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What happens to a personal guarantee when a business files Subchapter V?

A bankruptcy filing by an LLC or corporation generally does not automatically discharge a business owner's separate personal guarantee. Evaluate personal liability as part of the overall restructuring strategy.

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Can Subchapter V reduce unsecured business debt?

Potentially. Unsecured creditors do not necessarily receive 100% of their claims. The amount they receive depends on the proposed plan, disposable income, assets, creditor negotiations, and applicable Bankruptcy Code requirements.

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Is Subchapter V cheaper than traditional Chapter 11?

Subchapter V was designed to reduce some of the procedural burdens associated with traditional Chapter 11. The absence of certain requirements, such as a separate disclosure statement in most cases and a creditors' committee in most cases, can reduce complexity and potentially lower overall restructuring costs. Actual legal and administrative costs vary substantially from case to case.

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How long does Subchapter V bankruptcy take?

There is no single timeframe. Subchapter V uses accelerated deadlines, including the general requirement to file a plan within 90 days. The overall length of a case depends on creditor disputes, plan negotiations, litigation, plan structure, and whether the plan is consensual.

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Is Subchapter V better than traditional Chapter 11?

Not automatically. Subchapter V can provide substantial advantages for qualifying small businesses, but traditional Chapter 11 may be more appropriate for businesses that exceed the eligibility limit or have financial and operational circumstances better suited to the traditional process.

Speak With a New York Subchapter V Bankruptcy Attorney

If your business is generating revenue but debt payments, lawsuits, tax obligations, judgments, merchant cash advances, or creditor enforcement are making continued operations increasingly difficult, closing the company may not be your only option.

 

Subchapter V Chapter 11 bankruptcy may provide the breathing room and restructuring tools needed to preserve a viable business.

 

The earlier the financial situation is evaluated, the more options may be available.

 

Kamini Fox, PLLC helps small businesses assess their debts, creditor exposure, cash flow, assets, contracts, and future prospects to determine whether Subchapter V can provide a realistic path forward.

 

With more than 20 years of bankruptcy and restructuring experience, Kamini Fox represents businesses and business owners throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, Long Island, and the greater New York metropolitan area.

 

Your business may be under financial pressure. That does not mean it is out of options.

 

GET A CASE EVALUATION

 

Kamini Fox, PLLC
825 East Gate Blvd., Suite 308
Garden City, NY 11530
516-493-9920

 

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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