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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Bankruptcy
- event Date
Tuesday, August 29, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Ms. Vulpio counsels financial institutions, secured lenders, insurance companies, lessors, trade creditors, and other businesses and individuals in financial restructuring, bankruptcy, appellate and commercial litigation matters. On behalf of debtors, she assists with facilitating out-of-court workouts, preparing bankruptcy petitions and motions, formulating plans of reorganization or liquidation, and prosecuting claims objections and preference and fraudulent conveyance actions in both traditional Chapter 11 cases and Subchapter V small-business bankruptcies. Additionally, Ms. Vulpio handles bankruptcy-related litigation ranging from routine to complex and contentious, as well as bankruptcy appeals, including appellate briefing and oral argument.

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.

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.

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.
Description
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.
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?
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