The Court was tasked with analyzing what "engaged in commercial or business activities" means under sub V. The Court determined that (1) debtor must be currently engaged in business activity, and (2) deciding if debtor was currently engaged required a totality of the circumstances analysis. The issue being argued was that the business was shuddered, and therefore the Debtor was not engaged in business activities. The Court determined the Debtor was actively engaged in business activities as of the Petition Date due to having bank accounts, accounts receivable, analyzing counterclaims, managing its stock, and winding down its business to realize value for creditors, and therefore was eligible to proceed in Subchapter 5 of Chapter 11.