Chapter 11 Forms for Small Businesses
Chapter 11 Forms for Small Businesses are numerous and include schedules, exhibits, and supporting documents.
Free Completed Samples and Official Forms
We are providing you, free of charge, with completed samples of each of the required forms and documents. In addition, the second column links to the U.S. Courts “Official” (blank) forms which you can download for free. Just keep scrolling down this page to find them.
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Your District Court May Require This
Bankruptcy Code allows the district courts to modify and merge these forms.
This is for district courts’ convenience as well as to accommodate state and local laws.
Many district courts choose to do this. Fortunately, the information they ask for in their versions nothing more than a merging of two or more of the “official” forms.
Form Requirements For All
In all cases, you must use the Chapter 11 Forms for Small Businesses your bankruptcy attorney provides to you, or the forms you are advised to download from your district court’s website.
The completed sample forms provided here are based on a fictional case study: Willow Lighting and Electrical Supply Company. These completed sample forms are examples intended to familiarize you with the information you will need to give to the court and the format you will use to do so.
How to Officially Begin Your Business Bankruptcy Case
Your bankruptcy case officially begins once the U.S. District Court receives the petition filing package of the Chapter 11 Forms for Small Businesses.
The petition filing package includes everything listed in Parts A and B below.
Your attorney may advise you to file the Part A documents ASAP. That’s because as soon as the court receives the Part A documents, it will immediately notify your business’s creditors of the bankruptcy and that the “Automatic Stay” is in effect.
Did you know:
“The Automatic Stay” protects you from creditors. all collection activity must cease including pending foreclosure, repossession, or wage garnishment
Time Allotted to Complete the Forms
The Part B documents are extensive, highly detailed, and may take a week or more to complete. The Code considers that your business may need the Automatic Stay to go into effect ASAP.
Also, it recognizes more time may be needed to complete the Part B forms. So, although the courts prefer to receive both parts all at once, the Code allows your business to file the Part B forms up to two weeks after the filing of the Part A forms.
Additionally, the Code requires that an attorney MUST represent any business entity (other than a Sole Proprietorship) filing for bankruptcy. Your attorney must be identified in the bankruptcy petition as well as sign it. Learn more about the benefits of a being represented by a bankruptcy attorney.
The Bankruptcy Petition Filing Package – Part A
The completed sample forms listed below, are based on a hypothetical case study: Willow Lighting & Electrical Supply Co.
Completed Sample Forms
Official Blank Forms
Not Applicable
The filing must also include Filing Fees ($1,167) and Court Administrative Fee ($571).
The Bankruptcy Petition Filing Package – Part B
The court recommends filing these documents with the Part A documents. However, the court allows these documents to be filed within 14 days of the Part A documents. But if you miss the deadline, the court will close your case and you will have to start all over.
Completed Sample Forms
Official Blank Forms
Current Versions of These Documents Must Also be Included with Part B Filing
- Federal Income Tax Return (No sample tax return provided)
Chapter 11 Periodic Reports for Small Businesses:
Completed Sample Forms
Official Blank Forms
Monthly Operating Report for Small Businesses Under Chapter 11
- This is a monthly report due no later than the 21st day following the calendar month reported on.
- Reporting begins with the first calendar month in which the bankruptcy petition is filed.
- Reporting continues up to and including the calendar month in which the Plan of Reorganization is confirmed, or case is denied, dismissed, or converted into a Chapter 7.
- This quarterly report is due at the end of the month which follows the close of each calendar quarter.
- Reporting begins at the end of the month following the calendar quarter in which the bankruptcy petition is filed.
- Reporting continues up to and including the calendar quarter in which the case is closed, denied, dismissed, or converted into a Chapter 7.
- A quarterly fee is due with the filing of each quarterly statement.
- The U.S. Trustee will provide instructions and the reporting form applicable for your court district. It will be similar if not exactly like the linked sample
The U.S. Trustee will furnish your business with the form and instructions appropriate for your district.
Preparing Your Chapter 11 Plan of Reorganization Filing Package for Small Businesses:
Specific to Small Business Case Filers:
- Forms 425A (the “Plan of Reorganization”) and 425B (the “Disclosure Statement”) must be filed no later than 180 days following the filing of the Bankruptcy Petition. (The court may grant an extension only for compelling reasons.)
- However, the court may waive the 425B filing requirement if it believes Form 425A alone adequately details the particulars of your Plan. The U.S. Trustee will advise you as to whether Form 425B is needed shortly after filing the bankruptcy petition.
When Must You File Your Reorganization Plan?
- During this 180-day period, only the business debtor may file a Plan of Reorganization. There are consequences if the business debtor’s Plan is not confirmed by the court within this 180-day “exclusivity period”.
- After 180 days, any other party (creditors or trustee) may file their Plan to reorganize your business. Creditors then get to vote for either your business’s Plan or the competing plan.
- Clearly, you don’t want this to happen. Therefore, despite the Code’s 180-day deadline, you should impose a 120-deadline on yourself. This will allow 60 days to negotiate with the creditors and complete the court confirmation process within the “exclusive period.”
Time Allowed for Subchapter V filers:
- Form 425A must be filed within 90 days following the filing date of the Bankruptcy Petition.
- The Code does not require Subchapter V filers to file Form 425B. However, if the court believes Form 425A alone is not sufficient to detail the particulars of your Plan, it may require your business to file 425B.
- Only the business debtor may file a Plan in a Subchapter V case.
- However, a Bankruptcy Trustee will be appointed by the court to facilitate the development of a “consensual” Plan of Reorganization.
- This will require your frequent discussions with the creditors mediated by the trustee. The court expects that by the end of the 90-day period, the Plan is ready for the court’s confirmation.
- This means the creditors have already accepted the proposed Plan, and all other requirements and conditions for confirmation have been met. If that has not been achieved, the court has options.
- It may confirm what it deems a fair and equitable Plan over the objection of the creditors (additional conditions apply). Otherwise, the court may deny the petition or allow its conversion to a Chapter 7 Liquidation of your business.
Required Reorganization Plans and Sub-Chapter v Forms
Completed Sample Forms
Official Blank Forms
- All filers must file this form
- Subchapter V filers must also attach Exhibits A and B (these are included in the completed sample)
- The Bankruptcy Code does not require Subchapter V filers to file the Disclosure Statement. However, the court may require a Subchapter V filer to submit the Disclosure Statement.
- Or the court may require the submission of one or more of the Form 425B Exhibits. This happens if the court believes that Form 425A alone is not sufficient for creditors to to determine whther to vote for or against your Plan.
- The Code requires Small Business Case filers, which is different than SubChapter V, to file the Disclosure Statement. However, the court often determines that the Disclosure Statement is not needed, or not needed in its entirety. In that case, the court may request submission of the form or only some of its Exhibits.
- It is likely that neither the Subchapter V nor Small Business Case will be required to file the Disclosure Statement.
- You should expect to submit one or more of the Exhibits. Several district courts have eliminated the Disclosure Statement. Instead, their version of Form 425A is expanded to include the Disclosure Statement Exhibits they routinely want to see.
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