"Virginia Small Business Bankruptcy"
Small business status is permitted in Virginia bankruptcy cases filed under Chapter 11. By qualifying as a small
business, court appearances and approvals may be combined into concurrent hearings, and the court may reduce
statutory waiting periods required generally in Chapter 11 cases.
11 U.S.C. §101(51C): 'small business'' means a person engaged in commercial or business
activities (but does not include a person whose primary activity is the business of owning or operating real
property and activities incidental thereto) whose aggregate noncontingent liquidated secured and unsecured
debts as of the date of the petition do not exceed $2,000,000
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On March 5, 2004 the Virginia Bankruptcy Courts adopted newly adjusted dollar amounts which apply throughout
the Code. The changes became effective April1, 2004. The adjusted amounts affect the values throughout carious
Code sections, including the eligibility requirement for debtors who file Chapter 13, the value of claims which
the Code treats as a priority claim, the amount of creditor claims need to instigate an involuntary petition,
and the amount of luxury goods and services which may be considered nondischargeable if acquired within 30 days
of filing. These changes to Virginia bankruptcy law were based on the Consumer Price Index published by the US
Dept. of Labor, and increase values to reflect rising prices. These changes became mandatory every three years
beginning in 1994.
Back to Virginia Bankruptcy Court words & phrases.
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