Deadlines Matter!—Important Considerations under the Code and Rules: This presentation focuses on important deadlines under the Bankruptcy Code and Bankruptcy Rules which affect a Trustee’s practice. Some of these are obvious, while others are less obvious and clear. The session will also include discussion on (i) how to avoid missing key deadlines, (ii) which deadlines can be extended and proper procedure for doing so; and (iii) what steps to take if a deadline is missed.
Audit/Forms: This session will provide you with best practices to implement to assist in preparing for outside audits and field exams; how to navigate what the audits/field exams cover; and how these practices will ultimately lead to preparing error free TIRs. Mass Tort Claims in Chapter 7: Considerations for Trustees: Mass Tort claims of Debtors are appearing more frequently in consumer chapter 7 cases and pose unique ethical and legal challenges to administer. This session will provide a thorough guide for Trustees to follow when deciding whether and how to administer a debtor’s Mass Tort claim.
Join us for the NABT Reception at the John F. Kennedy Presidential Library & Museum on Saturday, August 9 at 7:00 PM. Kick off the conference with an evening of networking, conversation, and a unique setting overlooking Boston Harbor. We look forward to welcoming you to this unforgettable event! Thank you to Harris Beach Murtha Cullina PLLC for sponsoring this event!
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.
Examining how bankruptcy courts are scrutinizing MCA lender claims, including enforceability of confessions of judgment, interest rate challenges, and classification and treatment under plans.
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 session will provide practical guidance on identifying, securing, and liquidating estate assets in Chapter 7 cases. Drawing on real-world trustee and counsel perspectives, the panel will address common asset issues, working with professionals, protecting estate property, navigating turnover and enforcement challenges, and maximizing recoveries while minimizing risk to the estate.
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.
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.
1. 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? 2. 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/vitual assistant.
