NABT 2025 Annual Conference

This panel will give attendees an advanced refresher of Section 365. They will discuss the treatment of leases in bankruptcy under Section 365 of the Bankruptcy Code, emphasizing the interplay with Section 362 and the automatic stay and Section 503(b). Key points include the assumption or rejection of leases, with specific time frames such as 60 days for Chapter 7 and 120 days for nonresidential real property in Chapter 11. The panel will also discuss rejection damages, assignments after assumption, Ipso Facto Clauses and the strategy and art of negotiating with any landlord for the trustee /estate's benefit.  

This panel will discuss the process and procedures for seeking turnover of property from debtors and from third parties. Should the debtor, custodian or any non debtor or entity fail to turnover the same, the panel will discuss remedies including show cause motions, bench warrants, levies and collection methods.

Attorneys and debtors often utilize pre-petition transfers between spouses as a way to avoid creditor claims, increase exemptions, and prevent property from becoming property of the estate. This panel will discuss cases where such transfers are avoidable and how such transfers can impact the right to a discharge and the right to claim exemptions. The primary focus will be on setting aside transfers. Further, the panel will provide a thorough update on the law relating to the right of a trustee to use a “golden creditors” (IRS) powers to set aside transfers that are up to 10 years prior to the filing of the bankruptcy petition. We hope you enjoy what will be a spirited discussion.

The Internal Revenue Code provides specific guidelines for bankruptcy estates.  Discover how to use those rules to your estates’ advantage and avoid the pitfalls along the way.  Learn how to evaluate the tax benefits and traps that Trustees should be aware of for Chapter 11 and Chapter 7 individual and business bankruptcies.  Topics will include identification of when an estate is likely to be taxable and how to approach assets sales, pass-through partnerships and S corporations, required payroll and 1099 reporting, as well as potential tax elections to consider.

This panel will provide a high level overview of and explore issues related to: (a) key considerations for (i) Chapter 11 and Chapter 7 trustees appointed in cases with an operating business debtor, and (ii) Chapter 7 trustees appointed in converted cases with, or considering conversion of, an operating business debtor; and (b) preserving and evaluating potential directors & officers’ liability claims (“D&O”) as an avenue of recovery for the estate. The panelists will also provide practice pointers that will help you to most efficiently and effectively manage corporate cases and explore D&O claims in order to maximize recoveries.

America's Team, the Trustees (a/k/a the Minnows) will take on the National Team, composed of four determined Judges (a/k/a the Sharks). The program and panel is patterned off the TV Show Shark Tank wherein the Trustees will set forth and argue for the adoption of a new proposition involving a bankruptcy code section, a bankruptcy rule or patterns and practices, and the ethical implications and model code rules which necessitate the change or proposition. The appellate style presentation and questions and answers between the Teams will leave you with a clear understanding of the ethical issues and model code sections implicated in the proposition.