Who Qualifies for Subchapter V Bankruptcy in Florida?

November 21, 2024

Who Qualifies for Subchapter V Bankruptcy in Florida?

Subchapter V bankruptcy, introduced under the Small Business Reorganization Act of 2019, offers a streamlined and cost-effective solution for small business owners and individuals with manageable levels of debt. This option is part of Chapter 11 bankruptcy and is designed to help debtors reorganize and maintain their financial stability.



At Frank & De La Guardia, we provide legal assistance to the Miami-Dade County public, helping business owners and individuals explore their options for financial relief under Subchapter V.


Eligibility for Subchapter V Bankruptcy


To qualify for Subchapter V bankruptcy in Florida, you must meet the following criteria:

  1. Debt Limits
  • Your total debt must not exceed $7.5 million, including both secured and unsecured debts.
  1. Business Activity
  • At least 50% of your debts must arise from commercial or business activities. This makes Subchapter V ideal for small business owners, sole proprietors, or self-employed individuals.
  1. Exclusions
  • Subchapter V is not available to publicly traded companies. It is designed for privately owned businesses and individuals engaged in business activities.


Why Choose Subchapter V?


Subchapter V simplifies the bankruptcy process by:

  • Eliminating the need for a creditors' committee.
  • Allowing debtors to propose repayment plans more efficiently.
  • Providing greater flexibility to retain business ownership.


How Frank & De La Guardia Can Help


Navigating Subchapter V bankruptcy can be complex, but you don’t have to face it alone. At Frank & De La Guardia, we:

  • Assess your financial situation to determine your eligibility.
  • Guide you through the filing process.
  • Help create a manageable repayment plan that aligns with your goals.


Contact Us Today


If you’re considering Subchapter V bankruptcy in Miami-Dade County, contact Frank & De La Guardia for trusted legal assistance. Let us help you take the first step toward financial recovery and stability.

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