Category Archives: Subchapter 5
Pros and Cons of Chapter 11 Bankruptcy for Companies in Financial Distress
Like most business decisions, choosing to file for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code can have both pros and cons. While hiring a Miami Chapter 11 bankruptcy lawyer can make sense in a wide range of circumstances, it isn’t necessarily the best choice for all companies that are in financial distress…. Read More »
What to Expect During (and After) the Subchapter V Small Business Bankruptcy Process
Subchapter V bankruptcies allow small businesses to reorganize their debts without facing the additional costs and challenges involved in a traditional Chapter 11 filing. Since Subchapter V was introduced in 2020, it has become an extremely popular tool for businesses that need relief from their current debt loads in order to continue operating as… Read More »
3 Best Practices for Subchapter V Small Business Bankruptcies
The Subchapter V bankruptcy process allows small businesses to achieve the benefits of a Chapter 11 filing without many of the costs and drawbacks that have traditionally made Chapter 11 filings unviable for smaller companies. Just like a traditional Chapter 11 filing, the purpose of a Subchapter V filing is to reorganize the company’s… Read More »
7 Critical (and All-Too-Common) Mistakes in Small Business Bankruptcy Cases
Filing for bankruptcy under Chapter 11 can help a small business restore its financial stability. But, this assumes that the business’s owners navigate the bankruptcy process correctly. Mistakes can prove costly, and while a Miami bankruptcy litigation attorney can help business owners avoid many of these mistakes, business owners must do their part to… Read More »
End-of-Year Bankruptcy Considerations for Small Business Owners
It’s been a tough year for many small businesses. From rising interest rates to challenges with hiring and retaining high-performing employees, many small business owners have struggled to find a path to profitability. With the end of the year fast approaching, it is natural for many struggling business owners to start thinking about bankruptcy…. Read More »
When Is It Time to Consider a Business Bankruptcy?
While filing for bankruptcy under Chapter 11 can provide much-needed financial relief to struggling businesses, a bankruptcy filing isn’t the right choice in all scenarios. Among many other factors, timing is a key consideration, and business owners and executives must ensure that when they decide to pursue bankruptcy (if they decide to pursue bankruptcy),… Read More »
When Should Businesses Consider Bankruptcy as an Alternative to Litigation (or Arbitration)?
Media outlets will occasionally pick up stories of companies filing for bankruptcy in order to avoid litigation. Usually, these companies are portrayed as bad actors that are taking advantage of the bankruptcy process to avoid liability for their misdeeds. But, when the U.S. Bankruptcy Code allows a company to file, there is nothing wrong… Read More »
A Closer Look at Some of the Benefits (and Limitations) of a Chapter 11 Business Bankruptcy
Filing for bankruptcy under Chapter 11 allows companies to reorganize their debts so that they can sustainably manage their financial obligations on an ongoing basis. For struggling companies, filing under Chapter 11 can save them from going under, and it can also help ensure that their financial strain does not have a negative impact… Read More »
Business Bankruptcy: Options and Alternatives for Companies in Financial Distress
For companies in financial distress, pursuing a business bankruptcy can provide a favorable path forward. Liquidation and reorganization bankruptcies both offer a path toward a fresh start—whether this involves shutting down and starting over or remaining in business with a manageable debt load. But, when considering a business bankruptcy, it is important that business… Read More »
Subchapter 5 Bankruptcy: Understanding the Benefits for Small Businesses
The federal Small Business Reorganization Act (SMRA) established streamlined procedures for eligible small businesses seeking protection under Chapter 11 of the U.S. Bankruptcy Code. These procedures exist under the new Subchapter 5, and filing for bankruptcy under Subchapter 5 offers several benefits to small businesses that qualify. Here, a Miami Chapter 11 bankruptcy lawyer… Read More »