NABT 2026 Annual Conference

At a time when bankruptcy filings are at a historical low, this panel will discuss how Trustees may be able to find hidden assets or assets that may be overlooked. They will focus on various consumer causes of action, such as the Trustee pursuing Fair Debt Collection Practices Act violations, consumer suits, Debt Management Companies, mortgage lender fees, and class actions so that Trustees can maximize recovery for the bankruptcy estate. The panel will discuss practical strategies for finding these potential assets and tips on how to maximize the value of them.

In most asset cases, the trustee will find the need to use, sell or lease estate property to generate funds for the estate. When not operating the business of the debtor, this usually requires the trustee to consider methods of sale and to determine if the trustee is able to sell the subject assets. Most of the enabling legislation is contained in 11 USC 363. This session will review and discuss many of the typical scenarios trustees confront in liquidating the estate assets, including (i) the sale of unique and co-owned assets, (ii) navigating the sale process and securing court approval, and (iii) handling contested issues in sale approval.