Subchapter V: Its History And Its Future (An Interview With Robert J. Keach)

By: Donald L Swanson

Subchapter V is the newest provision of the Bankruptcy Code—becoming effective on February 19, 2020. 

Subchapter V arose from a Report by the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11.  Here is a link to the Commission’s “Recommendations” on “Small and Medium Sized Enterprise Cases,” which establish the foundational principles for Subchapter V.

And Subchapter V is currently under review by the American Bankruptcy Institute’s Subchapter V Task Force.

The video linked above is an interview with Robert J. Keach, who is an expert on the creation, enactment and development of Subchapter V.  That’s because of his experience as:

• Co-Chair of the Commission to Study the Reform of Chapter 11;
• a crucial actor in Subchapter V’s legislative process;
• a member of the Subchapter V Task Force; and
• a Shareholder in the Bernstein Shur Law Firm of Portland, Maine.

Mr. Keach has also served as President of the American Bankruptcy Institute (2009-2010), is a Fellow of the American College of Bankruptcy, and represents many types of clients in workouts and bankruptcy cases.  

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