HBLLP Logo Client login link HBLLP Home page link Make a payment link
* *
 
 
 
 
 
SUBCHAPTER V: A SILVER LINING FOR SMALL BUSINESSES MULLING BANKRUPTCY
BY HUTCHINSON AND BLOODGOOD | May 6, 2020 | TAX TIPS
 
 
 
 

Many small businesses continue to struggle in the wake of the coronavirus (COVID-19) pandemic. Some have already closed their doors and are liquidating assets. Others, however, may have a relatively less onerous option: bankruptcy.

Although bankruptcy obviously isn’t an optimal outcome for any small company, there may be a silver lining: A new bankruptcy law — coupled with an under-the-radar provision of the Coronavirus Aid, Relief, and Economic Security (CARES) Act — has made the process quicker and easier. It may even allow you to retain your business.

New law made better
The law in question is the Small Business Reorganization Act of 2019. That’s right, it was passed just last year and took effect on February 19, 2020, about a month before the pandemic hit the country full force.

The Small Business Reorganization Act added a new subchapter to the U.S. bankruptcy code: Subchapter V. Its purpose is to streamline the reorganization process for smaller companies and, in some cases, improve their odds of recovery.

When signed into law, Subchapter V applied only to companies or proprietors with less than about $2.7 million in debt. However, under the CARES Act, this amount has been temporarily increased to $7.5 million in debt. (Additional details apply; contact a bankruptcy attorney for a full explanation.)

Potential improvements
For small-business owners, Subchapter V could improve the bankruptcy process in several ways:

You may be able to keep your company. Under a Chapter 11 reorganization, business owners typically don’t receive an equity stake in the reorganized company until all debts are repaid. Subchapter V creates a pathway for owners to retain their equity if their disposable income is distributed to creditors over a certain period (generally three to five years) in a “fair and equitable” manner.

You may not need creditors’ approval to proceed. Small-business bankruptcies have long been stymied when one group of creditors object to the reorganization plan. Under Subchapter V, once a bankruptcy court approves the plan, the reorganization may proceed without creditors’ approval.

You may incur fewer costs and get it done more quickly. Subchapter V offers the opportunity to reduce the documentation and level of detail required under a traditional Chapter 11 proceeding. In turn, this can make the process less costly and more expeditious.

Prudent path
Given the extreme and sudden nature of this year’s economic downturn, bankruptcy has unfortunately become an option that many embattled small businesses will need to consider. Our firm can help you assess your company’s financial position and choose the most prudent path forward.
© 2020

 
 
 
 
 

HOW CAN WE HELP?

With the uncertainty of the situation surrounding coronavirus (COVID-19) continuing to evolve, we understand that it is affecting businesses and individuals in many different ways. 

At Hutchinson and Bloodgood, we value the relationships we have built with you. We will continue to be accessible so that we can serve and assist you while providing the level of attention that you deserve.

We will work alongside you throughout this ongoing situation to develop and build the optimal solutions for you.

Please contact us with your questions and concerns.

 
Disclaimer: This material has been prepared for informational purposes only. It is not intended as a substitute for speaking to your accountant, tax planner or financial planner. All information is provided “as is.” With change happening on a daily basis, we do not guarantee completeness, accuracy, timeliness or results obtained from the use of this information.
 
 
 
 
 
 
Megaphone  

GET NEWS DELIVERED TO YOUR INBOX

Stay current on tax and accounting issues, business
strategies, technology and general business information.

Sign up for our newsletter and
receive regular emails from us!

  Register Newsletter Form Registration
 
 
 
 
  grey spacer    
 
         
Social media icons Email Us HBLLP's LinkedIn page Link to Instagram HBLLP's Facebook page Contact Us Office Locations
  " "      
       
       
       
Glendale, CA
550 North Brand Blvd.
14th Floor
Glendale, CA 91203
Phone (818) 637-5000

blue spacer
El Centro, CA
3205 South Dogwood Ave.
El Centro, CA 92243
Phone (760) 352-1021

blue spacer
San Diego, CA
7676 Hazard Center Dr.,
Suite 1150
San Diego, CA 92108
Phone (619) 849-6500

blue spacer
Watsonville, CA
579 Auto Center Drive
Watsonville, CA 95076
Phone (831) 724-2441

blue spacer
The Consulting Group
550 North Brand Blvd.
14th Floor
Glendale, CA 91203
Phone (818) 637-5000

       
       

Hutchinson and Bloodgood LLP is an affiliate of PKF International and Allinial Global, associations of legally independent accounting and consulting firms who share education, marketing resources, and technical knowledge in a wide range of industries. We are independent accounting firms coming together to support the success of independent client companies.


@ 2019 Hutchinson and Bloodgood LLP