Exploring the Expansion of the Bankruptcy Code under the CARES Act
2 min read
May 27, 2020
The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, provides widespread economic relief for individuals and businesses adversely affected by the coronavirus outbreak and includes several key modifications and amendments to the U.S. Bankruptcy Code. We explore how these revisions will immediately impact the bankruptcy landscape for both individual debtors and small businesses below.
Revisions to Chapter 7 and 13 Filings

It remains unclear what the courts will consider a "material financial hardship" when granting modifications of confirmed plans, but we expect courts to allow most debtors to meet the standard due to the widespread effects of the pandemic.
Revisions to Chapter 11 Filings
One of the more important amendments provides enhanced protections for small businesses. The CARES Act amended the Small Business Reorganization Act of 2019 (SBRA) to increase the debt threshold for small businesses filing under newly added Subchapter V of Chapter 11 of the U.S. Bankruptcy Code from $2.7 million to $7.5 million in aggregate debt. This amendment expands bankruptcy protection for small businesses suffering economic distress during the pandemic.
Nationwide, many small businesses are likely to take advantage of the streamlined reorganization provisions of the SBRA as amended by the CARES Act. However, this increased debt threshold applies only to cases filed after the CARES Act became effective and will expire on March 27, 2021, after which the debt threshold will decrease back to $2.7 million.
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