Jeffrey I. Snyder, a partner at Bilzin Sumberg, Allison Day, a partner at Genovese Joblove & Battista, and Jeffrey T. Kucera of K&L Gates. Courtesy photos

The $2 trillion coronavirus relief and economic stimulus package, which is expected to be signed into law by President Donald Trump on Friday, has a provision that will enable more small businesses to streamline the bankruptcy process and reorganize their affairs, according to South Florida business lawyers.

The stimulus package contained in the Coronavirus Aid, Relief and Economic Security (CARES) Act is the largest of its kind in modern American history and is in response to the coronavirus pandemic that has battered the economy. Should the CARES Act be signed into law, the bill includes changes to the Small Business Reorganization Act (SBRA) that went into effect in February 2020.

The SBRA presently applies to small business debtors that have about $2.7 million or less in secured and unsecured debt, which is available to both companies and individuals that have debts primarily from commercial or business activities. The CARES Act will increase that limit to $7.5 million for a one-year period.

Jeffrey I. Snyder, a partner at Bilzin Sumberg, said the changes would broaden access to the bankruptcy restructuring process.

"To the extent of you have a business that is impacted by COVID-19, but is an otherwise healthy business, but for whatever reason is unable to work out arrangements on its own with creditors," Snyder said, "you have this opportunity to take advantage of this faster, streamlined, less expensive process in order to reorganize based on your otherwise healthy business with monthly cash flow. Once it gets passed, they will be able to repay those debts over a three to five year period under a plan."

Snyder, in an interview with the Daily Business Review, said creditors are aware of the obstacles and the high costs that go into a chapter 11 bankruptcy. He said it is more likely that a debtor will take advantage of the bankruptcy process to reorganize, increasing the likelihood that the business will be able to repay its obligations to its creditors.

"It brings creditors to the table," Snyder said, "because bankruptcy should always be the last resort."

According to research from the JPMorgan Chase Institute, without new revenues, the typical small business has enough cash to last for 12 days. Having the option to restructure is among the reasons that Jeffrey T. Kucera, a partner at K&L Gates, said the new provisions would have a huge effect on small businesses in South Florida.

In 2019, Congress added a new section to Chapter 11 of the Bankruptcy Code , called the Small Business Reorganization Act or Subchapter Part V, which is included in new Code sections 1181 to 1195. Allison Day, a partner at Genovese Joblove & Battista, said the CARES Act amends section 1182. That means it greatly expands who can be a debtor in that section.

In the new Subchapter Part V, there is a trustee, but it is different from the trustee appointed in a typical chapter 11 case. In chapter 11 cases, a trustee is only appointed if there is evidence of gross mismanagement, fraud, or it is in the best interest of creditors.

"The debtor works with the trustee to reorganize the business and the new stimulus package increases the ability of small businesses to take part," Day said. "A lot of businesses have debt larger than $2.7 million."