This page is general information, not legal, tax or financial advice. Talk to a qualified professional about your situation.
Subchapter V is a streamlined form of Chapter 11 reorganization for small business debtors. The company usually keeps operating while it proposes a plan to pay creditors over time. To qualify, a debtor’s debts must be under a limit: the US Trustee Program says that for cases filed on or after June 21, 2024 the limit is the original amount in the Small Business Reorganization Act, as adjusted, which is $3,424,000. The higher temporary limit of $7.5 million expired on that date.
Subchapter V, Chapter 11 and Chapter 7
| Subchapter V | Standard Chapter 11 | Chapter 7 | |
|---|---|---|---|
| Goal | Reorganize and keep operating | Reorganize and keep operating | Liquidate |
| Who runs the business | Usually the debtor | Usually the debtor in possession | A trustee sells non-exempt assets |
| Debt limit | $3,424,000 (US Trustee Program, cases filed on or after June 21, 2024) | None | None |
| Company survives | Usually | Usually | No; corporations and partnerships get no discharge |
Questions to take to a bankruptcy lawyer
- Are our total debts, as counted under the rules, below the current limit on the day we would file?
- Can the business produce enough income to fund a plan?
- Which assets are essential, and which could be sold or licensed to fund the plan?
- What duties do we have toward customer data we hold?
Records and data in a reorganization
In Chapter 11 the debtor keeps operating, so its systems and records keep running. Any sale or licence of assets outside the ordinary course needs court approval. Some companies look at licensing de-identified operational records as one way to raise cash; in a bankruptcy that goes through the court, and customer personal information has its own rule, described in the consumer privacy ombudsman.
Questions people ask
Is the debt limit going to change?
It has changed before: a higher temporary limit expired on June 21, 2024, and the limit is adjusted every three years. Check the US Trustee Program's Subchapter V page for the figure that applies on your filing date.
Does the company keep operating in Subchapter V?
Chapter 11 is a reorganization in which the debtor usually stays in possession and can keep operating. Subchapter V is a streamlined version of Chapter 11 for small business debtors.
Sources
Related guides
Chapter 7 vs Chapter 11 vs ABC for small companies
How Chapter 7 liquidation, Chapter 11 reorganization and an assignment for the benefit of creditors compare for small US companies, and when each fits.
What happens to company records in a Chapter 7 bankruptcy
A Chapter 7 debtor must surrender its books and records to the trustee. What the trustee does with them, and what owners should do before and after filing.
What happens to company assets, including data, in bankruptcy
How a bankruptcy estate, trustee and court handle company assets, the special rule for customer personal data, and what owners should do with records.
Part of Bankruptcy and insolvency.