NABT 2026 Annual Conference

This panel will explore recent and emerging developments under Articles 9 and 12 of the Uniform Commercial Code and their practical impact in Chapter 7 cases. Panelists will review key updates to Article 9 governing secured transactions, with a focus on recent issues that commonly arise in bankruptcy, including merchant cash advances. The discussion will also introduce Article 12, which addresses controllable electronic records, including digital assets, and examine how these provisions interact with existing secured lending and bankruptcy frameworks. Attendees will gain practical insights into how trustees should approach collateral, perfection, and avoidance issues in light of these changes.

This session will provide a refresher and a case law update on trustee liability issues. We will discuss sources of potential trustee liability including claims by debtors, creditors, third-parties and the government. We will review judicial and quasi-judicial immunity and trustee immunity under the Barton doctrine and the limits of immunity. We will also survey strategies for protecting trustees from personal liability including insurance coverages for the estate and the trustee, defense costs and the limitations of the UST bond.

This year’s conference, once again, will bring you the Annual Case Law Update with our well-regarded panel of judges and practitioners highlighting for you the most recent cases of interest to Trustees. The panel will discuss not only the publicized Supreme Court decisions like Keathley v. Buddy Ayers Construction, Inc., (Argued to the Court on March 24, 2026) that addresses the hotly contested issue of the preclusive effect of not disclosing a claim in a bankruptcy petition but also the lesser known opinions coming out of the Bankruptcy Courts as they grapple with, for example, the epidemic of cases caused by Merchant Cash Advance transactions. There is always something for everyone in the survey of court wide ranging opinions brought to the table by this panel.

This year’s conference, once again, will bring you the Annual Case Law Update with our well-regarded panel of judges and practitioners highlighting for you the most recent cases of interest to Trustees. The panel will discuss not only the publicized Supreme Court decisions like Keathley v. Buddy Ayers Construction, Inc., (Argued to the Court on March 24, 2026) that addresses the hotly contested issue of the preclusive effect of not disclosing a claim in a bankruptcy petition but also the lesser known opinions coming out of the Bankruptcy Courts as they grapple with, for example, the epidemic of cases caused by Merchant Cash Advance transactions. There is always something for everyone in the survey of court wide ranging opinions brought to the table by this panel.

In this Express Talks session, Judge Diehl will trace the development of the business judgment rule and explain how it is applied to Chapter 7 trustees. She will review the statutory duties imposed on trustees and examine how courts apply the business judgment standard in bankruptcy matters, including § 363 sales and Rule 9019 settlements. Judge Diehl will also address the doctrine’s limits, the fiduciary constraints that shape trustee decision making, and will illustrate these principles through practical litigation examples and key cases.  

Trustees routinely encounter commingled funds, incomplete records, and financial statements that do not reflect economic reality—often in cases where estate resources are limited. This panel provides a practical overview of forensic accounting methods used to investigate transfers, trace assets, and identify misstatements in balance sheets and profit-and-loss statements, with a focus on common commingling scenarios involving debtors and spouses or partners. Panelists will also explain how these analytical frameworks can be scaled and applied by trustees in smaller cases without funding for professionals, and will offer a concise, trustee-focused discussion of expert-evidence requirements under Rule 26(a)(2), Federal Rules of Evidence 702 and 703, and Rule 1006, equipping attendees with a working understanding of how expert reports are prepared, evaluated, and admitted.

Get ready for an ethics battle worthy of prime time! Judge Norton will lead this Jeopardy style ethics showdown as moderator and resident ethics guru, with Judges Collins and Gunn (“Team Sharks”) facing off against Trustees Bircher and Garrett (“Team Minnows”). If you’ve ever wanted to test both your Jeopardy instincts and ethical judgment, this session is your chance. The game will challenge your knowledge of the Model Rules of Professional Conduct and the real world ethical duties that arise in bankruptcy practice across a range of practical categories. Expect a lively, fast paced learning and challenging experience—and walk away with memorable insights you won’t forget long after the buzzer sounds.