Bankruptcy Eligibility Expands For Small Business Debtors

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By Nicholas Koffroth (September 15, 2021, 3:26 PM EDT) – “Just enough” is an undeniable legal precept – albeit informal. The concept finds its way into the canon of the adequacy of advocacy to the application of equity.[1]

Recent rulings from bankruptcy courts across the United States confirm that “just enough” has now found its way into the nascent subchapter V eligibility case law. Among the subchapter V eligibility requirements, a debtor must be committed and have more than 50% of its debts arising from a commercial or commercial activity.

The July 23 US Middle District of Florida Bankruptcy Court ruling in In re: Vertical Mac Construction LLC[2] expands the scope of “just …

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