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Subchapter V Bankruptcy Lawyer Long Island

You Don't Have to Face This Alone.

You built this business. Our Subchapter V bankruptcy lawyers on Long Island help you keep it running while you restructure the debt that's crushing it.

Five business professionals gather around a table in a modern office, discussing ideas and looking at a laptop. Sunlight streams through large windows, creating a collaborative atmosphere.
THE FRANK LAW FIRM, P.C.

Your next chapter.
Our personal attention.

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The Credentials Behind Your Case

Super Lawyers Rising Stars

Thomas Frank was selected to Super Lawyers Rising Stars from 2021 through 2025, with business bankruptcy among his practice areas.

Small, Partner-Led Firm

Our firm is small, so you deal directly with attorneys Thomas Frank and Amanda Baron-Frank throughout your case.

Eastern District Experience

We've handled hundreds of bankruptcy cases in the U.S. Bankruptcy Court for the Eastern District of New York, where Nassau County and Suffolk County cases are filed.

Licensed in Multiple States

We're licensed in New York, New Jersey, Florida, and federal courts, which helps owners with out-of-state operations or property.

Subchapter V Bankruptcy Long Island

Keep Running Your Business While You Restructure

Subchapter V is a faster track inside Chapter 11, built for small businesses buried in debt but still generating income. You keep running the company. A trustee helps you and your creditors reach a deal, and you propose a plan that pays what you can from your income over three to five years.

For a restaurant in Oceanside, a contractor in Hauppauge, or a medical practice in Rockville Centre, Subchapter V is the small business bankruptcy option that can let you stay open and operating. As a Subchapter V bankruptcy lawyer on Long Island, we'll tell you plainly whether it fits your situation.

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Talk through your options

Small Business Bankruptcy Long Island

What Subchapter V Can Give You Back

Control of your company, breathing room from creditors, and a plan you can actually afford to follow.
With Subchapter V bankruptcy on Long Island, you keep running daily operations instead of handing the keys to a trustee.
Once your case is filed, the automatic stay halts lawsuits, levies, and daily ACH debits from your account.
Only you can propose the plan, so creditors can't file a competing one while you work on restructuring.
You may keep ownership without paying unsecured creditors in full, if your plan commits three to five years of income.
No quarterly U.S. Trustee fees and usually no disclosure statement or creditors' committee, which keeps legal costs more manageable.
A plan can be confirmed over creditor objections if it's fair and equitable, so one holdout doesn't decide everything.

IN OUR CLIENTS’ WORDS

Our Client
Testimonials

More client testimonials ↗
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The Frank Law Firm provided me with legal advice and guidance during a difficult situation. I came to them to review and explain a legal contract I had signed. Amanda was very knowledgeable and explained the document thoroughly. She was very reassuring, and honest in answering all my questions. I would highly recommend to anyone seeking legal representation to reach out to this firm.
Alyssa S

Subchapter V Process Long Island

From First Call to Confirmed Plan

  1. Eligibility and Cash Flow Review
    We check your total debt, business-debt share, guarantees, and whether your cash flow can support a realistic plan.
  2. File and Trigger the Stay
    Filing puts the automatic stay in place and a trustee is appointed. A status conference follows within 60 days.
  3. Build and Confirm Your Plan
    Your plan is due within 90 days. We build it around real projected income and negotiate with creditors.
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A LITTLE CLARITY

Frequently asked
questions.

Have a question about your situation? Start with a conversation.

Ask our team
What is Subchapter V bankruptcy, and who qualifies for it on Long Island?

Subchapter V is a part of Chapter 11 designed for small business debtors. It was created by the Small Business Reorganization Act and has been in effect since February 2020. To qualify, you need to be engaged in business activity, with combined secured and unsecured debt under the current limit and at least half of it coming from that business. Public companies and single-asset real estate debtors are generally excluded. Corporations, LLCs, and even sole proprietors can qualify. For small business bankruptcy on Long Island, cases are filed in the U.S. Bankruptcy Court for the Eastern District of New York, and we'll check your numbers against the limit before recommending anything.

Does Subchapter V get rid of my personal guarantees on my business loans?

Not automatically, and anyone who tells you otherwise is overselling. Subchapter V restructures your company's debts. If you signed a personal guarantee on a lease, an SBA or EIDL loan, or equipment financing, the lender may still come after you personally. Some courts have temporarily protected guarantors during a case, but results vary. That's why a small business bankruptcy attorney on Long Island should look at your personal exposure before anything is filed. We map out what you've guaranteed, what it could cost you, and which options make sense for you and your family.

Can Subchapter V stop merchant cash advance debits for Long Island businesses?

Once your case is filed, the automatic stay generally halts collection activity, including lawsuits, levies, and ACH debits. For a Long Island owner watching daily withdrawals drain the account before payroll, that pause can give you room to build a plan. What it doesn't do is undo what already happened before you filed, and how a merchant cash advance is treated depends on the contract and the facts. We read the agreements first. If you're running a Subchapter V bankruptcy case on Long Island, or thinking about it, and the debits are hitting every morning, don't wait for the account to hit zero before you call.

How long does a Subchapter V bankruptcy case take on Long Island?

There's a status conference within 60 days of filing, and your plan is due within 90 days, so the case moves quickly. The plan commits your projected disposable income for three to five years. Because those deadlines come fast, we get your paperwork ready before you file. That generally means a recent balance sheet, statement of operations, cash-flow statement, and federal tax return, or a sworn explanation if there isn't one. A Subchapter V bankruptcy attorney on Long Island who preps early keeps you out of the scramble. The total length depends on your creditors and how complicated your case is, and we'll give you a realistic picture up front.

Should I wait for the higher Subchapter V debt limit before filing in New York?

As of early October 2026, Congress had passed a bill to raise the limit to $7.5 million, pending the President's signature. If it becomes law, it applies only to cases filed after that date. The current limit before that change is $3,424,000. A larger business may be tempted to wait, but creditors don't. Lawsuits, levies, and debits keep moving while you hold off. Long Island owners near the line should talk to us now. We'll confirm where the limit stands today, look at your debts, and tell you whether waiting is realistic or risky.

Is Subchapter V reorganization always the right move for my Long Island business?

No, and we'll tell you when it isn't. Sometimes a negotiated workout with your lender and landlord costs less, but only if every key creditor agrees and your guarantees are handled. Sometimes winding down under Chapter 7 is the honest answer. A sole proprietor may be better served by Chapter 13. Subchapter V fits best when you want to keep the business, still have income, and can fund a real plan. Whether you're in Hauppauge, Oceanside, Rockville Centre, or anywhere across Nassau County and Suffolk County, a small business bankruptcy lawyer on Long Island should help you pick the right road, not sell you one. Call our Old Brookville office at (516) 246-5577 and talk it through with a Subchapter V bankruptcy lawyer on Long Island.

LET’S MOVE FORWARD

A clearer next step
starts with a conversation.