Shareholder Robert J. Keach Co-Authors Amicus Brief in SCOTUS Truck Insurance Exchange v. Kaiser Gypsum Company Case

Shareholder Robert J. Keach, co-chair of Bernstein Shur’s Business Restructuring and Insolvency Practice Group and former president of the American Bankruptcy Institute, recently coauthored and filed an amicus brief in the matter of Truck Insurance Exchange v. Kaiser Gypsum Company, Inc. in the Supreme Court of the United States.

Keach and co-counsel for Amici Curiae, Albert Togut of Togut, Segal & Segal, filed the brief in their capacity as co-chairs of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 in Support of Respondents. The Commission was created to “make the Chapter 11 process more efficient and cost-effective” and in part to address the presence of parties “seeking to delay or disrupt [plan] confirmation,” including parties who “strategically purchase claims so that they hold blocking positions in one or more classes [voting for the plan].”

In the authors’ words, the Petitioner’s arguments in Truck v. Kaiser “represent a clear threat to the integrity of the confirmation process in chapter 11 cases. … and conflicts with decades of well-established precedent about who has standing in bankruptcy cases and proceedings.”

Access the complete brief here.