Subchapter V Trustee
On February 26, 2020, Attorney Tarek Kiem was appointed as a Small Business Chapter 11 Subchapter V Trustee in one of the first Chapter 11 bankruptcy cases to be filed in the Southern District of Florida under The Small Business Reorganization Act of 2019 ("SBRA").
Attorney Kiem is a case-by-case trustee meaning that he is appointed on a "case by case" basis at the United States Trustee's discretion with no expectation of an appointment to specific cases.
Pursuant to 11 USC 1183(b), a Subchapter V Trustee shall:
(1) perform the duties specified in paragraphs (2), (5), (6), (7), and (9) of section 704(a) of this title;
(2) perform the duties specified in paragraphs (3), (4), and (7) of section 1106(a) of this title, if the court, for cause and on request of a party in interest, the trustee, or the United States trustee, so orders;
(3)appear and be heard at the status conference under section 1188 of this title and any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan filed under this subchapter; (C) modification of the plan after confirmation; or (D) the sale of property of the estate;
(4) ensure that the debtor commences making timely payments required by a plan confirmed under this subchapter;
(5) if the debtor ceases to be a debtor in possession, perform the duties specified in section 704(a)(8) and paragraphs (1), (2), and (6) of section 1106(a) of this title, including operating the business of the debtor;
(6) if there is a claim for a domestic support obligation with respect to the debtor, perform the duties specified in section 704(c) of this title; and
(7) facilitate the development of a consensual plan of reorganization.