Robert J. Keach

An experienced, widely respected bankruptcy practitioner.

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.

Publications:

“President Biden Signs Bankruptcy Threshold Adjustment and Technical Corrections Act into Law”, ABI Journal (August 2022)

“Rule 2004 as a Pre-Litigation Tool in a Post-Twombly/Iqbal World: Part II,” 29 ABI Journal 28 (November 2010)

“Rule 2004 as a Pre-Litigation Tool in a Post-Twombly/Iqbal World: Part I,” 29 ABI Journal 28 (October 2010)

Declarations and Affidavits: Using And Defending Against Written “Nontestimonial” Evidence, 28 ABI Journal 1, 20, 68-69 (February 2009)

Selecting, Qualifying an Expert in Bankruptcy Proceedings: One Type Does Not Fit All, 27 ABI Journal 2, 26, 71-74 (March 2008)

Dead Man Filing Redux: Is the New Individual Chapter Eleven Unconstitutional?, 13 AM BANKR. INST. L. REV.  483 (Winter 2005)

Solvent Debtors and Myths of Good Faith and Fiduciary Duty, 23 ABI Journal 36 (Jan. 2005)

Stalking –Horse Lenders and Good Faith: The Availability of Appellate Protection Under §§363(m) and 364(e) For Asset Purchasers Extending DIP Financing, 23 ABI Journal 28 (June 2004)

When the Committee is Not and When the Committee is No More, 22 ABI Journal 34 (Jan. 2004)

A Hole in the Glove: Why ‘Negotiation’ Should Trump ‘Solicitation’, 22 ABI Journal 22 (June 2003)

The Case Against KERPS, American Bankruptcy Institute (2003)

LaSalle, the “Market Test” and Competing Plans: Still in the Fog, 21 ABI Journal 18 (Dec. /Jan. 2003)

Continued Unsettled State of Constructive Trusts In Bankruptcy: Of Butner, Federal Interests and the Need for Uniformity, 103 COM. L. J. 411 (Winter 1998)

“Free To Wander the Commercial Meadows”: Controlling Debtor (and Creditor) Conduct in the Gap Period, American Bankruptcy Institute (1997)

Partners and Partnerships Bankruptcy: A Survey and Analysis of Case Law and Proposed Amendments to the Bankruptcy Code, American Bankruptcy Institute (1996)

Creditors Get “Gas”: The Unsettled State of Constructive Trusts in Bankruptcy After Columbia Gas and Omegas Group, American Bankruptcy Institute (1995)

Creditor Plans in Single-Asset Chapter 11 Cases: Some Issues and Considerations. Restructuring Real Estate Partnerships: Is There Life After Greystone?, American Bar Association (1992)

Negative Amortization Plans, Feasibility, and the Fair and Equitable Test. Current Developments, Restructuring Real Estate Partnerships: Is There Life After Greystone?, American Bar Association (1992)

Allocating Tax Payments Made During a Bankruptcy Case Fist to Trust Fund Taxes After United States v. Energy Resources Co., Inc,  39th Annual Colby College Estate Planning and Tax Institute (1992)

Termination of Commercial Credit Relationships and the Implied Covenant of Good Faith and Fair Dealing, Business Torts Seminar, MSBA (1990)

Partner and Partnership Bankruptcy: The Impact of the Filing of a Petition for Relief Under the Bankruptcy Code by a General Partner or a Partnership Upon the Partnership Assets, the Non-Filing Partners, and Partner and Partnership Creditors, Partnership Investment Seminar, MSBA (1990)