U.S. Code » Title 11 » Chapter CHAPTER 11— REORGANIZATION › Subchapter SUBCHAPTER V— SMALL BUSINESS DEBTOR REORGANIZATION

11 U.S.C. § 1182

Definitions

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In this subchapter:(1)Debtor.—The term “debtor” means a small business debtor.(2)Debtor in possession.—The term “debtor in possession” means the debtor, unless removed as debtor in possession under section 1185(a) of this title.(Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1079; amended Pub. L. 116–136, div. A, title I, § 1113(a)(1), (5), Mar. 27, 2020, 134 Stat. 310, 311; Pub. L. 117–151, § 2(d), (i)(1)(B), June 21, 2022, 136 Stat. 1298, 1300.)Editorial NotesAmendments

2022—Par. (1). Pub. L. 117–151, § 2(i)(1)(B), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) and (B) defining “debtor”.

Pub. L. 117–151, § 2(d), amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘debtor’ means a small business debtor.”

2020—Par. (1). Pub. L. 116–136, § 1113(a)(5), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) and (B) defining “debtor”.

Pub. L. 116–136, § 1113(a)(1), temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘debtor’ means a small business debtor.”

Statutory Notes and Related SubsidiariesEffective Date of 2022 Amendment

Amendment by section 2(d) of Pub. L. 117–151 applicable with respect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see section 2(h)(2) of Pub. L. 117–151, set out as an Effective Date of 2022 Amendment; Retroactive Application note under section 101 of this title.

Pub. L. 117–151, § 2(i)(1), June 21, 2022, 136 Stat. 1300, provided in part that the amendment made by section 2(i)(1)(B) is effective on the date that is 2 years after June 21, 2022.

Effective Date of 2020 Amendment

Pub. L. 116–136, div. A, title I, § 1113(a)(3), Mar. 27, 2020, 134 Stat. 311, provided that: “The amendment made by paragraph (1) [amending this section] shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act [Mar. 27, 2020].”

Pub. L. 116–136, div. A, title I, § 1113(a)(5), Mar. 27, 2020, 134 Stat. 311, as amended by Pub. L. 117–5, § 2(a)(1), Mar. 27, 2021, 135 Stat. 249, provided in part that the amendment made by section 1113(a)(5) of Pub. L. 116–136 is effective 2 years after Mar. 27, 2020.

Effective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title.

Notes of Decisions
Cited in 39 cases (34 in the last 5 years), 1976–2026 · leading case: Pena v. Kissinger, 409 F. Supp. 1182 (S.D.N.Y. 1976).
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Pena v. Kissinger, 409 F. Supp. 1182 (S.D.N.Y. 1976). “§ 212(d)(3)(A), 11 U.S.C. § 1182 (d)(3)(A). The Attorney General refused to grant such a waiver, and review was sought in the courts.”
Michelle Corbin Hillman (Bankr. N.D.N.Y. 2023). · cites it 5× “28); 11 U.S.C. § 1182 (1). The Court has jurisdiction via 28 U.”
Tommy Dewayne Dobson & Anne Christine Dobson (Bankr. W.D. Va. 2023). · cites it 5× “11 U.S.C. § 1182 (1)(A), (B)Q). 4 The U.S.”
Christina Fama-Chiarizia (Bankr. E.D.N.Y. 2023). · cites it 4× “11 U.S.C. § 1182 (1)(A). That is, the Subchapter V eligibility requirements are that the debtor is a “person,” that the debtor is “engaged in commercial or business activities,” that the debtor’s undisputed debts, both secured and unsecured, do not exceed $7.”
Joseph Fama, Jr. (Bankr. E.D.N.Y. 2023). · cites it 4× “11 U.S.C. § 1182 (1)(A). That is, the Subchapter V eligibility requirements are that the debtor is a “person,” that the debtor is “engaged in commercial or business activities,” that the debtor’s undisputed debts, both secured and unsecured, do not exceed $7.”
Chicago & Vicinity Laborers' Dist. Council Pension Plan v. R&W Clark Constr., Inc (N.D. Ill. 2024). · cites it 4× “1079 (2019); 11 U.S.C. § 1182 , Pub. L. No. 116-136, Div.”
Ruthellen W. Rickerson (Bankr. W.D. Pa. 2021). · cites it 3× “Next, the United States Trustee filed a Motion to Strike Designation of Chapter 11 Case as Subchapter V under 11 U.S.C. §1182 (“UST Motion,” and collectively with the NLI Motion, “the Motions”) on July 30, 2021 at Doc.”
Hub City Home Health, Inc. & Am. Med. Programs, Inc (Bankr. S.D. Tex. 2025). · cites it 3× “”41 Counsel for the US Trustee asserts that excusable neglect exists because (1) there is no prejudice to Debtors because their counsel was aware of the US Trustee’s intent to object prior to the Election Objection Deadline and the US Trustee quickly brought the Objection after…”
Ricardo Castillo Molina (Bankr. M.D. Fla. 2026). · cites it 3× “11 U.S.C. § 1182 (1)(A) (2019). Due to the Covid-19 pandemic, Congress temporarily raised the debt limit to $7.”
Phenomenon Mktg. & Ent., LLC (Bankr. C.D. Cal. 2022). · cites it 2× “7 11 U.S.C. § 1182 (1)(B)(iii) (version in effect prior to enactment of the Act).”
John Matthew Ikalowych (Bankr.D. Colo. 2021). · cites it 2× “4 This dispute raises a difficult and novel issue regarding who can use the new SBRA, as modified by the CARES Act.”
Andrew Joseph Blanchard & Christine Laurent Blanchard (Bankr. E.D. La. 2020). · cites it 2× “11 U.S.C. § 1182 (1). 3 The Debtors here do not seek affiliate status and are not affiliates as defined in the Code; rather, Debtors contend that they have independent status as small business debtors “engaged in commercial or business activities.”
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