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CosmeticWhat changed in ENGROSSED IN SENATEcompared with PLACED ON CALENDAR SENATE (Mar 4, 2026)

Technical corrections only. The engrossed version (v2) reflects the bill having passed the Senate and updates the document type from 'A BILL' to 'AN ACT'. There are no substantive changes to the legislative text itself between v1 and v2.

S. 3977·119th Congress·Introduced Mar 3, 2026

Bankruptcy Threshold Adjustment Act of 2026

Passed SenateFinance and Financial SectorSubstantive
View bill text
Sponsor
Sen. Grassley, Chuck [R-IA]
Last action
Aug 10, 2026

Bottom line

The bill expands eligibility for Chapter 13 consumer bankruptcy and Subchapter V small business bankruptcy by substantially increasing the maximum debt thresholds, making these debt restructuring options available to a wider range of debtors.

What it actually does

This bill significantly increases the debt limits for eligibility under Chapter 13 (consumer bankruptcy) and Subchapter V (small business bankruptcy) of title 11, United States Code. Specifically, it raises the maximum aggregate debt for Chapter 13 filings to less than $2,750,000 and for Subchapter V small business filings to not more than $7,500,000. These adjustments aim to expand access to these specific bankruptcy protections for individuals and small businesses facing higher debt burdens.

Proponents argue

Supporters argue that these adjustments are necessary to reflect economic realities, including inflation and increased debt levels, which have made the previous limits outdated. They contend that raising these thresholds will provide crucial relief and a viable path to reorganization for more individuals and small businesses struggling with debt, preventing liquidations and preserving economic activity. Proponents emphasize that these changes allow more debtors to utilize the structured repayment plans offered by Chapter 13 and Subchapter V, which can lead to better outcomes for both debtors and creditors compared to Chapter 7 liquidation.

Opponents contend

Critics might express concerns that expanding bankruptcy eligibility could lead to an increase in bankruptcy filings, potentially shifting more risk onto creditors and lenders. They may argue that such changes could incentivize excessive borrowing or reduce the incentive for debtors to negotiate out-of-court settlements. Some opponents might also suggest that while inflation is a factor, such significant increases could create moral hazard or place undue burdens on the credit system, potentially leading to higher interest rates or stricter lending practices.

The bill is very short and clear, making it highly accessible for any reader to understand its core provisions quickly.

Section 2(a)

Modification to Small Business Bankruptcy Debt Limit (Subchapter V)

prominently featuredstraightforward

This provision amends Section 1182(1) of the Bankruptcy Code to increase the maximum aggregate noncontingent liquidated secured and unsecured debt a small business can have to qualify for Subchapter V bankruptcy. The new limit is set at $7,500,000, excluding debts owed to affiliates or insiders. Additionally, at least 50 percent of these debts must arise from the debtor's commercial or business activities, and it clarifies exclusions for affiliated groups exceeding this limit and publicly traded corporations.

GroupImpactMechanismScale
GroupSmall businessesImpactExpanded eligibility for reorganizationMechanismIncreased debt threshold allows more businesses to file under Subchapter V.ScaleSignificant, potentially impacting thousands of businesses.
GroupCreditors of small businessesImpactPotential for more structured repayment plansMechanismMore debtors may opt for Subchapter V reorganization rather than Chapter 7 liquidation, potentially leading to higher recovery rates over time.ScaleBroad, affecting all lenders to small businesses.

Supporters argue

Supporters argue that this increase is vital for small businesses, many of which have accumulated significant debt due to economic downturns, supply chain issues, or inflation. The higher limit allows more struggling businesses to utilize the streamlined and cost-effective Subchapter V process to reorganize and continue operations, saving jobs and contributing to local economies, rather than being forced into liquidation.

Critics contend

Opponents might contend that while some adjustment is warranted, a $7,500,000 limit is excessively high and could encourage businesses with substantial debt to seek bankruptcy protection rather than pursuing other restructuring options. They may argue it could increase the administrative burden on bankruptcy courts and potentially prolong the resolution process for creditors.

Tradeoffs

The provision balances the need to provide a viable path for small business recovery against concerns about potential moral hazard and the impact on creditor expectations and recovery timelines. It aims to prevent premature liquidations while ensuring the bankruptcy system remains efficient.

Section 2(b)

Modification to Consumer Bankruptcy Debt Limit (Chapter 13)

prominently featuredstraightforward

This provision amends Section 109(e) of the Bankruptcy Code, raising the maximum aggregate noncontingent liquidated debt an individual (or an individual and their spouse) can have to be eligible for Chapter 13 bankruptcy. The new limit is set at less than $2,750,000. This change allows individuals with higher levels of debt, who also have regular income, to propose a repayment plan under Chapter 13 rather than being forced into Chapter 7 liquidation.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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