Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

A: Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so. If you want to try it yourself, please do some research on what's involved, go through the forms (available on the Bankruptcy Court's website) and review the local rules, including the US Trustee requirements (particularly the 7-day package). Good luck.

A: Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.

The chances for successful completion of a no-counsel Ch. 13 case have to be close to minimal, imho.

In both Ch. 13's and Ch. 11's, there are numerous filings and reports and negotiations with creditors who are more experienced than debtors with bankruptcy requirements. A Ch. business reorg, large or small, is commonly that expensive because of court-required involvement of lawyer involvement, both in and out of court.

My best guess of your chances of success in a no-counsel bankruptcy for your business is close to zero. And just as importantly, if you start alone, you will probably have done or committed to acts by your business that cannot be undone by bankruptcy counsel, and those actions may well doom your bankruptcy case.

So I agree with my California colleague that you should meet and confer with experienced bankruptcy counsel without further delay.

In my experience, debtors are often knowledgeable about their affairs and their businesses, but not about the applicable legal guidelines. Both are needed to maximize the chances for success.

A: While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.

Subchapter V, which went into effect in February 2020 as part of the Small Business Reorganization Act (SBRA), is designed to make the Chapter 11 process more streamlined and cost-effective for small businesses. However, it still involves complex legal procedures and requirements.

Some challenges you may face when filing pro se include:

1. Understanding and complying with all legal requirements and deadlines

2. Preparing and filing the necessary documents correctly

3. Developing a viable reorganization plan

4. Negotiating with creditors

5. Representing yourself in court proceedings

Mistakes in the bankruptcy process could lead to the dismissal of your case, which may put your business at risk. Additionally, if your case is mishandled, you might face other legal and financial consequences.

While attorney fees can be substantial, the guidance and expertise of a bankruptcy attorney can be invaluable in navigating the process and protecting your interests. Many attorneys offer free initial consultations, so it may be worth discussing your situation with a few to see if they can work with your budget or offer alternative solutions.

If you decide to proceed pro se, thoroughly research the requirements and consider seeking guidance from resources such as legal aid clinics or small business organizations. The U.S. Courts website also provides information and resources for those considering bankruptcy.

A: Very difficult to do pro ae. I do not recommend.