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
Trustees and Joint Administration
Bankruptcy Rule 1015(b) permits the joint administration of two or more related bankruptcy estates if the debtors are affiliates, spouses, or general partners of one another. While typically a consideration in chapter 11 cases, joint administration is no stranger to chapter 7. Bankruptcy Rule 2009 specifically provides for the appointment and election1 of chapter 7 trustees in jointly-administered estates. But what happens when estates hold claims against one another (“inter-estate claims”)? Unfortunately, the Bankruptcy Code does not provide a conclusive solution. Nevertheless, after conducting an analysis of the relevant authorities, there appears to be a framework under which trustees may jointly-administer estates with inter-estate claims.READ FULL ARTICLE
Lien Validity and the Statute of Limitations Under 11 U.S.C. §546(a): It Ain’t Over Till It’s Over
A number of years ago, before I became a chapter 7 trustee, I was hired by a colleague, who himself was a chapter 7 trustee, to challenge the lien of a purported secured creditor. In that case, approximately two and one-half years after the case had been filed, the trustee filed a motion to sell certain real property for less than the payoff amount of the “secured” creditor’s deed of trust. The creditor objected to the sale motion on the grounds that the proposed sale price would not be sufficient to satisfy its liens. The trustee in turn argued that §363(f)(4) of the Bankruptcy Code authorized the sale inasmuch as the purported lien interest of the secured creditor was subject to bona fide dispute–more specifically that the property description in the creditor’s deed of trust described property that the debtor did not own. The bankruptcy court sustained the creditor’s objection and denied the sale motion. read full article
Principals of Office Organization: A New Trustee's Playbook
Welcome new Trustees to a brother and sisterhood unlike any other. There are about 1000 Chapter 7 Trustees in the United States and we “Old Timers” care about what new trustees do and how you do it. The Trustee business is a rewarding profession and one in which you can make a respectable living and tackle some of the most challenging legal issues of your career. You will grow as a person and a professional, simply by tackling what you have to tackle as a trustee. 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.