History & Progress of Subchapter V (Interview With Judge Harner)

By: Donald L Swanson

Hon. Michelle M. Harner is Bankruptcy Judge for the District of Maryland.

Judge Harner has a long history of work on creating and implementing Subchapter V bankruptcy laws for smaller businesses.  That history includes these two roles:

• back in 2012 through 2014, Judge Harner served as Reporter for the Commission to Study the Reform of Chapter 11, which had a strong focus on the needs of smaller businesses; and
• this past year, Judge Harner served as Co-chair for the Subchapter V Task Force, which recently issued its Final Report.

So, Judge Harner is the perfect person to talk authoritatively about Subchapter V.

In this interview, Judge Harner answers these questions:

1. What effect did the work of the Commission for the Study of Chapter 11 have toward the creation and enactment of Subchapter V?
2. Based on the past year of Task Force studies, what do you see as the main benefits of Subchapter V?
3. And what do you see as parts of Subchapter V that need to be changed to make it even better?

Here’s a huge, “Thank you,” to Judge Harner for her efforts in the creation and development of Subchapter V . . . and for her willingness to talk with us about it!

** If you find this article of value, please feel free to share. If you’d like to discuss, let me know.