Petition Filing: Chapter 11 Small Business Case Under Subchapter V
Last Updated: March 17, 2025

Subchapter V is an alternative procedure a chapter 11 small business debtor may elect to use to simplify and expedite the bankruptcy process.

CASE OPENING (PETITION FILING)

Filing Requirements:

Same requirements as Chapter 11 Small Business cases, with the exception that the Chapter 11 Statement of Your Current Monthly Income (Form 122C2) is not required. 

See Filing Case in ECF (Open a BK Case)

See Chapter 11 Small Business Case

How a Chapter 11 Small Business Subchapter V is Designated:

An Individual debtor will file the Petition (Form 101) and check the appropriate box in Item 13 of Form 101 to elect to be a small business under Subchapter V.

A Non-Individual debtor will file the Petition (Form 201) and check the appropriate box in Item 8 on Form 201 to elect to be a small business under Subchapter V.

Events Initiated at Case Opening:

1. Email is sent to UST and Hearings Group
2. Flags Set: 
   1. SMBusV (Small Business Subchapter V)
   2. DocketSmBusV (Docket Small Business Designation)
   3. StatSmBusV (Set Status and Docket 3 Orders)
   4. PLNDUE (Plan Due)
3. Deadlines Set:
   1. 90-Day 11plnsbv deadline (File Chapter 11 SmBusV Plan)
   2. 1-Day statsbv deadline (Set Status SmBusV Hearing)

What To Do:

1. Add Judge to the Case

   • [Bankruptcy > Court Events > Add Judge] **Must be completed the day of case filing**

   • Note: All Chapter 11 cases will be assigned to Judge Fuary unless there is a conflict. Chapter 11 conflict case assignment alternates between Judge Lynch and Judge Hanan when possible.

2. Docket Small Business Designation

   • [Court Events > Small Business Designation]

   • Sets the Small Business Deadlines

UPDATES:

03/13/2025 Page Creation