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Subchapter V Trustees: Establishing a New Type of Trustee Unlike Any Other in Title 11

Flexible Duties, Growing Credibility with Bankruptcy Judges, Post-Confirmation Duties, Expanded Powers, Compensation, and More

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 29, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss obvious and not so obvious ways in which Subchapter V Trustees (SVT) help both debtors and creditors take advantage of Subchapter V to save businesses and allow creditors to get paid. The panel will discuss the SVT's duties under Bankruptcy Code Section 1183, other duties and services that may not be widely known, review potential concerns, and identify risks faced by those acting as Subchapter V Trustees.


The SVT is the lynchpin to success in Subchapter V and is unlike any other trustee known to Title 11. The SVT is objective but not neutral. Bankruptcy judges are paying close attention to Subchapter V Trustees' assessments and recommendations.

Section 1183 is sparse and open-ended. The SVT is expected to exercise judgment to meet the needs of the case. Many of the duties SVTs are expected to perform are not even listed in the Bankruptcy Code but are discussed in the U.S. Trustee's Handbook for Subchapter V. The Subchapter V trustee is truly in uncharted territory.

The flexibility that fuels success also raises questions and concerns. It is unclear when the SVT needs an order expanding his or her duties beyond those in Section 1183 and what that expansion can include. The roles of facilitator and mediator are sometimes blurred. Questions can arise over confidentiality, conflicts with the debtor, objections to discharge, and the trustee's post-confirmation duties or ability to serve as a liquidating trustee. If the debtor is removed, the SVT has limited options. Despite the importance of the SVT, compensation is unsettled, and going unpaid is a genuine concern.

Listen as this experienced panel reviews best practices and strategies for maximizing the effectiveness of Subchapter V Trustees.



  1. SVT authority and duties
  2. Expansion of powers and limits
  3. Open issues
  4. Debtor strategies for working with SVT
  5. Creditor strategies for working with SVT


The panel will review these and other key issues:

  • How is the SVT compensated?
  • What conflicts can arise between the SVT and the debtor?
  • When can the SVT fill in for the debtor, i.e., step into the debtor's shoes?
  • What are the SVT's post-confirmation duties?


Lee, Kyung
Kyung S. Lee

Shannon & Lee

Mr. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's...  |  Read More

Mayer, Amy
Amy Denton Mayer

Stichter Riedel Blain & Postler

Ms. Mayer has more than 19 years of restructuring experience and specializes in the representation of debtors,...  |  Read More

Prescott, Adam
Adam R. Prescott

Bernstein Shur Sawyer & Nelson

With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing,...  |  Read More

Vulpio, Amy
Amy E. Vulpio

White and Williams

Ms. Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related...  |  Read More

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