Cases filed under the Small Business Reorganization Act of 2019 (SBRA)

Wednesday, June 5, 2024

     Subchapter V of Chapter 11 of the Bankruptcy Code (the “Small Business Reorganization Act of 2019” or “SBRA”), became effective on February 19, 2020. The SBRA allows both individual and non-individual small business debtors to elect to reorganize under Chapter 11 using a simplified and expedited process. Among the features of the SBRA are: (1) the exclusive right of the debtor in possession to file a plan within the first 90 days following the Order for Relief; (2) the appointment and participation of a Trustee; (3) an expedited Proof of Claim deadline; (4) no separate disclosure statement requirement; (5) no appointment of committees; and (6) no payment of U.S. Trustee fees. To assist parties who file cases under the SBRA, the Court has issued General Order 37 (Fourth Amended) retaining Interim Rule 1020 and use of temporary amended Official Form 201.

     Unless otherwise ordered, Debtors in cases under the SBRA shall comply with the court’s Order Setting (A) Status Conference; (B) Claims Bar Date; (C) Deadline for Election Under 11 U.S.C. § 1111(b)(2); and (D) Other Deadlines, which will be issued by the Clerk of Court immediately following the filing of a voluntary petition for relief under the SBRA or immediately following the entry of an order for relief in involuntary cases under the SBRA. The court expects counsel to be familiar with and to comply with the SBRA, along with the other relevant provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and B.L.R.

     Upon the filing of a plan in any case under the SBRA, Debtor’s counsel shall upload a form Order Setting Confirmation Hearing and Related Deadlines. Counsel should refer to the presiding judge’s Practices & Procedures and/or contact the presiding judge’s chambers for guidance in filling in the dates and deadlines required by the order.

     Unless otherwise directed by the presiding judge, use of the Court's Form Plan, consistent with the provided Instructions, is strongly encouraged.