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 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.
Outline
- SVT authority and duties
- Expansion of powers and limits
- Open issues
- Debtor strategies for working with SVT
- Creditor strategies for working with SVT
Benefits
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?
Faculty
Kyung S. Lee
Partner
Shannon & Lee
Mr. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's... | Read More
Mr. Lee practices in the area of debt restructuring and corporate reorganizations. He has served as debtor's counsel for companies in the airline, real estate, oil and gas, communications, healthcare, distribution, manufacturing and convenience store industries. He has also represented lenders, creditors, creditors' committees and investors involved in workouts and Chapter 11 reorganizations as well as litigating on behalf of the various parties. He has extensive experience working closely with senior management and financial advisors on valuation of enterprises and assets and development of turnaround and restructuring business plans.
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Amy Denton Mayer
Shareholder
Stichter Riedel Blain & Postler
Ms. Mayer has more than 19 years of restructuring experience and specializes in the representation of debtors,... | Read More
Ms. Mayer has more than 19 years of restructuring experience and specializes in the representation of debtors, assignors, committees, creditors, trustees, assignees, purchasers, and other parties in bankruptcy cases, assignments for the benefit of creditors, and out of court workouts. She has been particularly active in the representation of real estate developers and home builders, medical practices and physicians, agribusinesses, independent and franchised restaurant chains and other food service companies, and business entrepreneurs.
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Adam R. Prescott
Shareholder
Bernstein Shur Sawyer & Nelson
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing,... | Read More
With experience in a broad range of industries, including healthcare, hospitality, food and beverage, manufacturing, retail, technology, transportation, and banking, Mr. Prescott helps businesses and individuals accomplish their goals by working closely with his clients and their advisors to understand the specifics of each situation and provide creative, cost-effective solutions to complex problems, both inside and outside of the courtroom.
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Amy E. Vulpio
Partner
White and Williams
Ms. Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related... | Read More
Ms. Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related commercial litigation. Her experience representing both creditors and debtors gives her the breadth of perspective needed to advise her clients as to the priorities and motivations of the party across the table. Using this understanding, Ms. Vulpio works closely with her clients to formulate creative legal strategies and helps her clients achieve their goals through negotiation or litigation.
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