NABT 2026 Annual Conference

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.