The National Association of Bankruptcy Trustees is the voice of the Chapter 7 Bankruptcy Trustee community, serving its interests and needs through education, communication and promotion of the profession.
Latest Edition! American Bankruptcy Trustee Journal
The In Pari Delicto Defense - Exceptions, Limitations and Potential Workarounds for Chapter 7 Trustees
The situation is alarmingly common: Before filing bankruptcy, a business debtor was at the epicenter of a Ponzi or other fraudulent scheme. Its trustee believes the debtor’s former officers, directors, professionals, auditors, or other agents facilitated the scheme, or negligently failed to detect it, and should be held accountable. When the trustee sues them, though, the defendants argue that the debtor and they were “in pari delicto,” and seek to dismiss on the grounds that the debtor is as much or more responsible than they were.READ FULL ARTICLE
Medical Record Considerations During Bankruptcy
Congratulations! You’ve been assigned a health care provider bankruptcy. Nothing too difficult, right? What about the medical records? What are the responsibilities of the trustee for those records? For the purposes of this article, the definition of what constitutes a medical record that should be maintained during a bankruptcy will be discussed. In addition to the medical record, there are two other health records patients consider vitally important: pathology specimens and medical images/x-rays (specifically mammograms) stored in the pathology and x-ray departments. read full article
Unscrambling the Egg with Substantive Consolidation of Assets
When chapter 11 cases with multiple debtors are converted to chapter 7, one of the biggest challenges facing trustees is the task of accurately demarcating co-mingled assets to determine the appropriate allocation to creditors of each estate. Substantive consolidation of assets - the merging of assets and liabilities from multiple related debtors into one pool from which creditors are paid ratably - remains a strategic, yet less commonly used legal remedy that trustees and professionals can leverage to alleviate the burdens of this process with the court’s approval. read full article
Exciting Reasons to Join Our Association
The National Association of Bankruptcy Trustees is the only organization dedicated to the chapter 7 trustee practice. With over 500 active panel trustees and a dedicated network of professionals who work with trustees, NABT offers unparalleled education, resources and connections for the trustee community.