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.

This panel will be exploring the prefiling considerations of whether a potential case is fit to file under Subchapter V and how trustees are shaping outcomes, facilitating settlements, resolving insider disputes, and more. Discussion will begin with the selection of Subchapter V Trustee based on their unique skill sets, along with the necessity for the trustee to be active with early intervention, manage case strategy, and maintain credibility with the Court, before shifting to the trustee’s various other roles in pushing the timeline, cost containment, alternative dispute resolution, realistic financial transparency, and defining and refining feasibility, along with the rare operating trustee.

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. 

Addressing the common deficiencies in small business reporting and how trustees can help debtors improve transparency.

Separation of Duties in a Trustee’s Office:
Internal controls are strengthened when certain duties are divided among the trustee and employees. What do you do when small staff size precludes segregating duties?  

Remote Assistant Best Practices:
Working remotely began with the advent of the internet, ECF and cloud-based software. Trustees and their assistants could work virtually from anywhere. Then came the Covid-19 pandemic and reduced case filings – further warranting the need to work remotely. More and more trustee practices are heading to the “virtual reality” of the use of remote assistants/administrators. This session will help guide assistants that are transitioning to a remote setup or those currently working as a remote assistant. Join us as we cover the best practices of a remote/virtual assistant.

What Would You Do Case Issues:
This interactive roundtable session will explore the question: “What should the Trustee’s office do?” Using three real-world case scenarios, participants will discuss how best to respond to common challenges faced in bankruptcy cases, including a debtor’s repeated failure to comply with court orders, debtor’s counsel routinely failing to appear at §341 meetings, and issues arising in a converted Chapter 11 case.