SettleADebt.

Ways to resolve debt

Can the business recover, or does it need an orderly exit?

Separate a viable business with a cash timing problem from a business that needs an orderly exit.

Find a section in this guide

Show how long available cash can support the business

Start with a short-term cash forecast showing opening cash, realistic collections, payroll, taxes, essential suppliers, payments on loans backed by property and closing cash. Separate overdue obligations from the cost of staying open next week. A business that loses money on every ordinary sale needs an operating change as well as creditor relief.

Keep forecasts, receivables aging, inventory, loan documents, leases and tax notices together. Identify liens (claims against property), blocked accounts, and cross-default clauses that let a breach of one obligation trigger another. List personal guarantees—owners’ or others’ promises to cover business debts—separately. A company debt and an owner’s guarantee are separate exposures; resolving one does not establish that the other is released.

Four decisions: Can operations become viable? Is there enough available cash to reach that point? Which creditors can interrupt operations? What exposure remains with owners or guarantors?

Match the distress to the discussion

Routes to evaluate with business restructuring counsel
SituationPossible routeQuestion that decides whether it works
Temporary cash shortfallForbearance, extension or negotiated workoutWill signed terms create enough time without an unaffordable balloon, new lien or guarantee?
Viable operations, debt structure cannot be servicedChapter 11 reorganization, including a Subchapter V small-business-route eligibility reviewCan a feasible plan and operating budget be funded under the applicable process?
Operations cannot become viableOrderly sale, wind-down, state proceeding or Chapter 7 reviewWho controls the assets, what must be preserved and what duties apply before distribution?
Qualifying farm or fishing operationSpecialized Chapter 12 adviceDo the operation, ownership, income and debt requirements fit the actual business?

Receiverships and assignments for the benefit of creditors are state-law processes with their own control, cost and creditor consequences. Do not treat a voluntary handover of assets as equivalent to a bankruptcy discharge.

Chapter 11 is a process, not permission to stop accounting

Chapter 11 often lets a debtor in possession continue operations while undertaking reorganization, subject to court oversight and duties. Plans, creditor rights and court authorization remain central. U.S. Courts: Chapter 11 basics

Subchapter V has a distinct definition, exclusions and election requirements. Eligibility thresholds and commencement-date rules can change. Ask counsel to check the current statute for the filing date rather than relying on an old dollar limit or a marketing label.

Prepare to explain insider debts, affiliated businesses, contingent guarantees and how debts are categorized. Eligibility does not by itself establish plan feasibility, discharge, lien treatment or release of an owner.

Before signing a workout or shutting the doors

  • Identify who is authorized to bind the company and whether owners must consent.
  • Have counsel review new collateral, terms authorizing a judgment against the business, and personal guarantees.
  • Separate tax, payroll, employee, customer-deposit and secured-property obligations for specialist review.
  • Preserve financial records and property; avoid selective insider transfers based on informal priority assumptions.
  • Obtain written releases for the parties and obligations actually being resolved.

A closure plan should specify responsibility for notices, records, remaining property, licenses and unresolved claims. Turning off the website or dissolving an entity is not proof that debts or guarantees disappeared.

Sources and further reading

General educational information. The original evidence, dates and recorded qualifications are available in the optional archive below.

Check the source material behind this guideOriginal working documents, complete tables and revision history
About this archive

The explanation above is written for readers. These original working documents preserve the evidence trail, including technical language, dated passages and known corrections. They have not all received independent professional review. Use the marked limits before relying on a particular rule or figure.

TOPIC DOSSIER · A039

Business restructuring and insolvency

Workouts, forbearance, extensions, composition, chapters 7/11, Subchapter V, chapter 12, receivers, assignments, closure, guarantees.

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

1 saved components17 captured tables110 claim records

Explore the actual components below. The topic heading describes the subject; each paper states what it examined and what remains unresolved.

IN THE EVIDENCE

Selected recorded findings

These narrow findings retain the saved source and check status. Conditions and capture dates matter; this is not a whole-subject or jurisdiction acceptance.

R039-P1-C005 · captured 2026-10-28

A statutory “small business case” is a Chapter 11 case whose debtor is a small business debtor and has not elected Subchapter V. A small business debtor that elects Subchapter V therefore should not be described as being in a “small business case” in this particular statutory sense.

Conditions and limits: A statutory “small business case” is a Chapter 11 case whose debtor is a small business debtor and has not elected Subchapter V. A small business debtor that elects Subchapter V therefore should not be described as being in a “small business case” in this particular statutory sense.

Recorded check: fresh selected51BCD and core conditions checked nested characterization held

A statutory “small business case” is a Chapter 11 case whose debtor is a small business debtor and has not elected Subchapter V. A small business debtor that elects Subchapter V therefore should not be described as being in a “small business case” in this particular statutory sense. · S002 §101(51C). uscode.house.gov

Source links: uscode.house.gov · uscode.house.gov

Inspect the complete record, source trail and all check boundaries →
R039-P1-C006 · captured 2026-10-28

“Person” includes an individual, partnership and corporation, but excludes a governmental unit. The governmental-unit exceptions concern assets acquired through a loan-guarantee agreement or as receiver/liquidating agent, pension-benefit guarantees, and legal or beneficial ownership of assets of the specified governmental pension or eligible deferred-compensation plans. Those exceptions deem the governmental unit a person only for §1102, with respect to the asset or benefit. They are not a general Chapter 11 debtor-eligibility exception.

Conditions and limits: “Person” includes an individual, partnership and corporation, but excludes a governmental unit. The governmental-unit exceptions concern assets acquired through a loan-guarantee agreement or as receiver/liquidating agent, pension-benefit guarantees, and legal or beneficial ownership of assets of the specified governmental pension or eligible deferred-compensation plans. Those exceptions deem the governmental unit a person only for §1102, with respect to the asset or benefit. They are not a general Chapter 11 debtor-eligibility exception.

Recorded check: fresh selected definition words checked remaining nested definitions held

“Person” includes an individual, partnership and corporation, but excludes a governmental unit. The governmental-unit exceptions concern assets acquired through a loan-guarantee agreement or as receiver/liquidating agent, pension-benefit guarantees, and legal or beneficial ownership of assets of the specified governmental pension or eligible deferred-compensation plans. Those exceptions deem the governmental unit a person only for §1102, with respect to the asset or benefit. They are not a general Chapter 11 debtor-eligibility exception. · S002 §101(41)(A)–(C), concluding language. Tax-plan qualifications incorporated there were not separately investigated. uscode.house.gov

Source links: uscode.house.gov · uscode.house.gov

Inspect the complete record, source trail and all check boundaries →
R039-P1-C007 · captured 2026-10-28

“Corporation” includes an association possessing a private corporation’s relevant power or privilege; a partnership association organized under law making only subscribed capital responsible for its debts; a joint-stock company; an unincorporated company or association; and a business trust. It excludes a limited partnership from that definition, although a partnership remains separately included in “person.” A business label alone does not settle classification.

Conditions and limits: “Corporation” includes an association possessing a private corporation’s relevant power or privilege; a partnership association organized under law making only subscribed capital responsible for its debts; a joint-stock company; an unincorporated company or association; and a business trust. It excludes a limited partnership from that definition, although a partnership remains separately included in “person.” A business label alone does not settle classification.

Recorded check: fresh selected definition words checked remaining nested definitions held

“Corporation” includes an association possessing a private corporation’s relevant power or privilege; a partnership association organized under law making only subscribed capital responsible for its debts; a joint-stock company; an unincorporated company or association; and a business trust. It excludes a limited partnership from that definition, although a partnership remains separately included in “person.” A business label alone does not settle classification. · S002 §101(9), (41). uscode.house.gov

Source links: uscode.house.gov · uscode.house.gov

Inspect the complete record, source trail and all check boundaries →
R039-P1-C014 · captured 2026-10-28

“Claim” includes a right to payment whether or not reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. It also includes an equitable remedy for breach of performance if the breach gives rise to a right to payment, with the specified judgment, contingency, maturity, dispute and security alternatives. A disputed claim is not excluded from the broad claim definition merely because it is disputed.

Conditions and limits: “Claim” includes a right to payment whether or not reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. It also includes an equitable remedy for breach of performance if the breach gives rise to a right to payment, with the specified judgment, contingency, maturity, dispute and security alternatives. A disputed claim is not excluded from the broad claim definition merely because it is disputed.

Recorded check: fresh selected definition words checked remaining nested definitions held

“Claim” includes a right to payment whether or not reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. It also includes an equitable remedy for breach of performance if the breach gives rise to a right to payment, with the specified judgment, contingency, maturity, dispute and security alternatives. A disputed claim is not excluded from the broad claim definition merely because it is disputed. · S002 §101(5)(A)–(B). uscode.house.gov

Source links: uscode.house.gov · uscode.house.gov

Inspect the complete record, source trail and all check boundaries →
R039-P1-C015 · captured 2026-10-28

“Consumer debt” is debt incurred by an individual primarily for a personal, family or household purpose. This definition does not say that every debt outside that category necessarily arose from the debtor’s commercial or business activities for §101(51D).

Conditions and limits: “Consumer debt” is debt incurred by an individual primarily for a personal, family or household purpose. This definition does not say that every debt outside that category necessarily arose from the debtor’s commercial or business activities for §101(51D).

Recorded check: fresh selected definition words checked remaining nested definitions held

“Consumer debt” is debt incurred by an individual primarily for a personal, family or household purpose. This definition does not say that every debt outside that category necessarily arose from the debtor’s commercial or business activities for §101(51D). · S002 §101(8), (51D)(A). The second sentence is a textual scope inference. uscode.house.gov +1

Source links: uscode.house.gov · uscode.house.gov

Inspect the complete record, source trail and all check boundaries →

Read every research component

Get debt settlement help