Category Archives: Subchapter 5
Subchapter V: A Closer Look at the “Small Business” Bankruptcy Process
For many companies that are struggling to stay afloat, pursuing a Subchapter V “small business” bankruptcy can provide a viable path toward regaining financial stability. Pursuing a Subchapter V bankruptcy involves reorganizing a company’s debts, similar to pursuing a traditional business bankruptcy under Chapter 11. However, the costs are significantly lower, and there are… Read More »
Business Bankruptcy vs. Assignment for the Benefit of Creditors (ABC): Key Considerations for Struggling Businesses
While struggling businesses have a variety of options for dealing with financial distress, two of the primary options in this scenario are: (i) pursuing a business bankruptcy under Chapter 7 or Chapter 11; and (ii) pursuing an assignment for the benefit of creditors (ABC). Each of these options presents its own unique set of… Read More »
What Are the Different Types of Business Bankruptcies?
If your business is in financial distress, filing for bankruptcy could be the best option. Filing for bankruptcy provides immediate relief from creditors’ collection efforts, and, depending on the type of business bankruptcy you choose, going through the process could be a cost-effective way to either wind up your business’s operations or restructure your… Read More »
2024 Year in Review: Key Insights for South Florida Business Owners Considering Bankruptcy in 2025
In 2024, we published several articles on our blog focused specifically on providing information to business owners and executives who are considering a corporate bankruptcy. Here is a look back at some of the key insights our Miami bankruptcy litigation attorneys shared during the year: Understanding the Basics of a Small Business Bankruptcy Under… Read More »
My Company Received a Notice of Bankruptcy. What Should I Do?
If your company has received a Notice of Bankruptcy, this means that one of your clients or customers (or an affiliated entity) is seeking relief from its debt obligations in the U.S. Bankruptcy Court. If its efforts are successful, this could mean that your company will no longer be able to collect the monies… Read More »
What Documents Are Needed for a Chapter 11 Business Bankruptcy in Florida?
Filing for bankruptcy under Chapter 11 is a document-intensive process. Companies contemplating bankruptcy need to gather several forms of documentation to prepare, and, to start the process, they must file a variety of forms and supporting documentation with the bankruptcy court. As a result, careful planning is essential, and company executives should work closely… Read More »
Restoring a Company’s Financial Standing Post-Chapter 11 Bankruptcy
The purpose of going through a Chapter 11 bankruptcy is to get a company back on solid financial ground. Rather than liquidating the company’s assets (as in a Chapter 7 bankruptcy), the focus of a Chapter 11 bankruptcy is on reorganizing the company’s debts so that it can remain viable well into the future…. Read More »
Debtor-in-Possession Financing and Chapter 11: What Florida Business Owners Need to Know
Filing for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code provides a way for companies to reorganize their debts and overcome short-term financial strain. But, for some businesses, the Chapter 11 bankruptcy process itself can prove prohibitively expensive. While this is less common today due to the enactment of Subchapter V (which provides… Read More »
Bankruptcy Options and Alternatives for Small Businesses in Florida
From high interest rates to the lingering effects of the COVID-19 pandemic, many small businesses in Florida find themselves struggling for a variety of reasons. If your small business is struggling, it may be worth considering bankruptcy and its alternatives. Small business owners have a variety of options available, and an experienced Miami bankruptcy… Read More »
The “Basics” of Chapter 11 Bankruptcy—According to the U.S. Courts
If you search for information about the Chapter 11 bankruptcy process online, one of the first resources you’ll likely find is a resource published by the U.S. Courts called “Chapter 11 – Bankruptcy Basics.” But, if you click on this resource, you’ll find that it is anything but basic. It is long and dense,… Read More »