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SBRA: Subchapter V Strategy and How to Get Your Plan Confirmed

Level: Intermediate
Runtime: 71 minutes
Recorded Date: January 28, 2021
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  • General Purpose of Subchapter V
  • Chapter 11 vs. Subchapter V
  • Plan Content vs. Cost
  • Strategies for Successful Plan Confirmation
  • Role of Subchapter V Trustee
  • Cram Down Considerations
Runtime: 1 hour, 11 minutes
Recorded: January 28, 2021


This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This program was recorded as part of ABI's 2021 Virtual Rocky Mountain Bankruptcy Conference on January 28th, 2021.

Provided By

American Bankruptcy Institute
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Matthew M. Boley

Cohne Kinghorn, P.C.

Matthew M. Boley is a shareholder with Cohne Kinghorn, P.C. in Salt Lake City. He serves on the firm’s board of directors and is a former member of the firm’s Executive Committee. He focuses on the areas of bankruptcy, real estate, business/commercial litigation and creditors’ rights.

Mr. Boley’s practice has focused on bankruptcy, receivership and insolvency law for his entire legal career. He has represented all potential constituencies in bankruptcy and insolvency cases, including debtors, trustees, receivers, secured creditors, unsecured creditors and creditor committees.

Mr. Boley has represented clients involved in litigation and/or arbitration in many different types of disputes, from real estate and contract disputes to intellectual property litigation. He also has extensive experience in all areas of creditors’ rights and debtor/creditor relations.

Mr. Boley has experience handling “real estate” transactions and litigation. He previously chaired the Bankruptcy Section of the Utah State Bar, and is active in several insolvency-related legal organizations.

Mr. Boley has received several perennial honors and recognitions, including pro bono awards from the Utah State Bar, an AV-Preeminent rating, and recognitions The Best Lawyers in America, Utah Legal Elite and Super Lawyers.

Mr. Boley received his B.S. cum laude from Westminster College in 1994 and his J.D. from the University of Utah, College of Law in 1999, where he was inducted as a member of the Order of the Coif and served as a note and comment editor for the Utah Law Review.

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D. Ray Strong, CPA, CIRA, CFE, CFF

Berkeley Research Group, LLC

D. Ray Strong, CPA, CIRA, CFE, CFF is a director at Berkeley Research Group, LLC in its Salt Lake City office. He has provided expert, advisory and fiduciary services for more than 25 years involving investigative and forensic accounting, internal investigations, bankruptcy, federal and state court receiverships, corporate restructuring, and litigation support in local, national and international matters.

Mr. Strong has been appointed in various fiduciary capacities, including as a chapter V trustee, chapter 11 trustee, liquidating trustee, estate manager, examiner and receiver. He regularly serves as an accountant and financial advisor to bankruptcy trustees, creditors’ committees and court-appointed receivers. His experience includes operating and restructuring distressed companies to maximize going-concern value, the liquidation of assets, investigation of debtor activities and alleged insider dealings, liquidation and substantive-consolidation analyses, plan-development and feasibility, investigation and prosecution of avoidance actions, solvency analyses and claims resolution.

Mr. Strong has taught graduate-level accounting courses at the University of Utah and Westminster College of Salt Lake City, and frequently presents on various fraud, insolvency and accounting-related topics. He received his B.S. from Westminster College and his M.P.A. from the University of Utah.

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Hon. William T. Thurman

U.S. Bankruptcy Court for the District of Utah

William Thomas Thurman is a recalled bankruptcy court judge for the District of Utah. Judge Thurman was sworn in as a United States bankruptcy judge on September 4, 2001, and he retired from active service on the court on September 3, 2015. The United States Court of Appeals for the 10th Circuit recalled Thurman for a three-year term. His current recall term expired on September 3, 2018.

From 1974 until 2001, Thurman practiced with the firm of McKay, Burton & Thurman. In 1975 he was appointed as a Chapter 7 Panel Trustee and served in that capacity until 1982. He is admitted to practice before the Tenth Circuit Court of Appeals as well as the United States Supreme Court. Beginning with the 1980s, his practice consisted primarily of representing business and personal debtors and creditors in complex Chapter 7 cases and business debtors in Chapter 13 cases.

Thurman was born in Washington, D.C., and his family moved to Utah in 1951. Judge Thurman received his undergraduate degree from University of Utah in 1971 and his J.D. from the University of Utah College of Law in 1974.

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Keri L. Riley

KutnerBrinen, PC

Keri L. Riley joined KutnerBrinen, PC as an associate in November 2014. She graduated with honors from the University of Denver – Sturm College of Law in 2014 and earned her undergraduate degree from Colorado State University in 2011. Prior to graduating law school, Ms. Riley worked for the Colorado State Attorney General’s Office and a plaintiff’s litigation firm.

Ms. Riley’s practice focuses on debtor representation in both Chapter 7 and Chapter 11 bankruptcies. She is licensed to practice law in Colorado and the United States District Court for the District of Colorado. Ms. Riley is a member of the Colorado and Denver Bar Associations as well as the American Bankruptcy Institute.

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