Subchapter V cases make up the vast majority of Chapter 11s being filed in Tennessee and across the country. With Congress recently extending the $7.5M debt limit for another two years, that will likely continue. Financial advisors serve critical functions in many larger Chapter 11 cases, but what about Subchapter V cases where resources tend to be more limited? Join us for an engaging discussion about opportunities for financial advisors in Subchapter V cases, the types of debtors that can most benefit from their help, and balancing the costs and benefits of additional professionals in small business cases.
Hon. Randal S. Mashburn
U.S. Bankruptcy Judge, Middle District of Tennessee
Hon. Randal S. Mashburn has been a U.S. Bankruptcy Judge for the Middle District of Tennessee since 2012, following a lengthy career in private practice. He also currently serves as a member of the Bankruptcy Appellate Panel of the Sixth Circuit. Before going on the bench, Judge Mashburn’s practice focused heavily on business disputes, bankruptcy, debtor-creditor issues, workouts, and insolvency law. He spent nearly three decades representing a wide range of parties in bankruptcy and commercial litigation, as well as serving as a court-appointed bankruptcy examiner and Chapter 11 trustee. In addition to extensive experience as a litigator and bankruptcy advisor, a significant portion of his practice was devoted to serving as a mediator, particularly in disputes involving complex business and financial matters.
Michael Abelow
Member, Sherrard Roe Voigt & Harbison, PLC and Subchapter V Trustee
Mike Abelow is a member of the law firm of Sherrard Roe Voigt & Harbison, PLC in Nashville where he represents a diverse clientele in complex commercial disputes and bankruptcy proceedings, including breach of contract claims, business torts, loan restructuring, lender liability, and guaranty disputes. A tested trial lawyer, Mike brings his litigation skills to bear in bankruptcy court. As a counselor and candid advocate, he works closely with clients to develop realistic approaches aligned with their business objectives.
Mike earned his law degree, summa cum laude, from Washington & Lee University School of Law in 2000, where he was a member of the Law Review. After law school, Mike served as a law clerk for the Honorable E. A. Van Graafeiland of the United States Court of Appeals for the 2nd Circuit. He served as 2021 Nashville Bar Association President, and he currently serves as trustee in Subchapter V cases filed in the Middle District of Tennessee.
Dustin Bernstein S
Senior Director, Ankura
Dustin Bernstein is a Senior Director at Ankura with over 10 years of experience in accounting, M&A, debt advisory and restructuring. His recent professional experience includes serving as financial advisor to the first lien lenders of a $200 million physical therapy provider; financial advisor for by By CHLOE, an all-vegan restaurant chain during a Subchapter V case; serving as financial advisor and investment banker in a Wisconsin Chapter 128 Receivership for a $50 million cottonseed distributor; serving as interim CFO for a $60 million distressed metal scrap yard during a restructuring, strategic sale, FBI-led fraud investigation, and a Wisconsin Chapter 128 Receivership; conducting a debt and equity raise for a $35 million aftermarket aviation parts distributor; forecasting 13-week cash flows, DIP budget, and leading bank forbearance negotiations for a $250 million sporting goods manufacturer through a Chapter 11 bankruptcy (363 auction process). Dustin earned his BS in Accounting and Finance from Indiana University’s Kelley School of Business.
