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What's the Last Word on SBRA?

Level: Intermediate
Runtime: 110 minutes
Recorded Date: February 11, 2020
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  • Origins of the SBRA (Small Business Reorganization Act)
  • Reorganization under SBRA
  • Key Differences between Chapter 11 and Sub-Chapter V
  • General Provisions and Process for Debtors under SBRA
  • Role of the US Trustee and Bankruptcy Administrators
  • The SBRA Trustee
  • Plan Process
  • Plan Confirmation
  • Discharge and Post-Confirmation Issues
  • Proposed Forms and Rules Governing SBRA
  • Q & A
Runtime: 1 hour, 50 minutes
Recorded: February 11, 2020


The long countdown to the Small Business Reorganization Act (SBRA) is over! The law takes effect on February 19.

Thousands of struggling small businesses will now have a faster, cheaper, and more efficient process for filing Chapter 11. SBRA includes several significant changes to current law. Join our panel to update your legal toolbox so you’ll be ready when businesses come calling.

This program was recorded on February 11th, 2020.

Provided By

American Bankruptcy Institute
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Daniel J. Casamatta

U.S. Trustee, Kansas City, MO
U.S. Department of Justice

Mr. Casamatta has served as the Assistant U.S. Trustee in the Kansas City, Mo., office of the U.S. Trustee Program (USTP) since 2008.

Prior to that appointment, he served as Assistant U.S. Trustee in Grand Rapids, Mich., for 18 years, and for periods of time was also the Acting Assistant U.S. Trustee in Indianapolis and the Acting Chief of the USTP's National Bankruptcy Training Institute located in the National Advocacy Center in Columbia, S.C. Mr. Casamatta currently leads the USTP's Data Integrity Group to ensure the accuracy and completeness of data in the Program's enforcement reporting systems.

Before joining the USTP more than 26 years ago, Mr. Casamatta engaged in the private practice of law in Cleveland, specializing in commercial litigation and bankruptcy matters. He received his law degree from Case Western Reserve University Law School in Cleveland, and his undergraduate degree from Cleveland State University.

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Hon. Benjamin Kahn

U.S. Bankruptcy Court, Middle District of North Carolina

Hon. Benjamin A. Kahn is a federal bankruptcy judge for the United States bankruptcy court, Middle District of North Carolina. Kahn joined the court on August 14, 2013.

Prior to joining the court, Judge Kahn was a conferee for the National Bankruptcy Conference. Before that, he was a law clerk for the Honorable Jerry G. Tart.

Judge Kahn earned his B.A. and J.D. from the University of North Carolina at Chapel Hill in 1990 and 1993.

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Robert J. Keach

Bernstein Shur

Robert J. Keach is co-chair of Bernstein Shur’s Business Restructuring and Insolvency Practice Group. He is a Fellow of the American College of Bankruptcy and a Past President (2009-2010) of the American Bankruptcy Institute. Bob is also the co-chair of the ABI’s Commission to Study the Reform of Chapter 11.

Bob focuses on the representation of various parties in workouts and bankruptcy cases, including debtors, creditors, creditors committees, lessors and third parties acquiring troubled companies and/or their assets. He has appeared as a panelist on national bankruptcy, lender liability and creditors rights programs, and is the author of several articles on bankruptcy and creditors’ rights appearing in the ABI Law Review, Commercial Law Journal and ABI Journal, among other publications. Keach is a contributing author to Collier Guide to Chapter 11: Key Topics and Selected Industries (2011 Ed.).

He is recognized as a “Star Individual” in Corporate M&A/Bankruptcy in Chambers USA, in Best Lawyers in America (Ten-Year Certificate), and by New England Super Lawyers (Bankruptcy and Top 100 Lawyers in New England regardless of specialty). Bob is also certified in business bankruptcy by the American Board of Certification.

Currently, Bob serves as the chapter 11 trustee in the railroad reorganization case of Montreal Maine & Atlantic Railway, Ltd., a cross-border restructuring case. Bob is also the fee examiner in the Exide Technologies case in Delaware; he was also the fee examiner in In re AMR Corporation (the chapter 11 cases of American Airlines and its parent and certain affiliates). Bob has also, inter alia, represented ad hoc committees in the Homebanc Mortgage, New Century TRS Holdings, and Nortel Networks cases in Delaware, as well as a public utilities commission in the FairPoint Communications case in the Southern District of New York.

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Hon. Michelle M. Harner

U.S. Bankruptcy Court, District of Maryland

Hon. Michelle M. Harner is a U.S. Bankruptcy Judge for the District of Maryland in Baltimore, appointed in 2017.

Prior to her appointment to the bench, she was the Francis King Carey Professor of Law and the Director of the Business Law Program at the University of Maryland Francis King Carey School of Law, where she taught courses in bankruptcy and creditors’ rights, business associations, business planning, corporate finance and the legal profession. Judge Harner lectured frequently during her academic career on various topics involving corporate governance, financially distressed entities, risk management and related legal issues. Her academic scholarship is widely published, with her publications appearing in, among others, the Vanderbilt Law Review, Notre Dame Law Review, Washington University Law Review, Minnesota Law Review, Indiana Law Journal, Fordham Law Review (reprinted in Corporate Practice Commentator), Washington & Lee Law Review, William & Mary Law Review, University of Illinois Law Review, Arizona Law Review (reprinted in Corporate Practice Commentator) and Florida Law Review.

Judge Harner has served as the Associate Reporter to the Advisory Committee on the Federal Rules of Bankruptcy Procedure, the Reporter to the ABI Commission to Study the Reform of Chapter 11, and a member of the Dodd-Frank Study Working Group for the Administrative Office of the U.S. Courts. She also served as the Robert M. Zinman ABI Resident Scholar for the fall of 2015. Judge Harner is an elected member of the American Law Institute and Fellow of the American College of Bankruptcy. She previously was in private practice in business restructuring, insolvency, bankruptcy and related transactional fields, most recently as a partner at the Chicago office of the international law firm Jones Day.

Judge Harner received her B.A. cum laude from Boston College in 1992 and her J.D. summa cum laude from The Ohio State University College of Law in 1995.

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