Eastern District of Missouri Has New Trustee

Diana Daugherty received her B.S. in Finance from St. Louis University in 1984 and graduated from St. Louis University Law School in 1987. She clerked at the Missouri Court of Appeals for three years and held the position of staff attorney for John V. LaBarge, Jr., the Standing Chapter 13 Trustee for the Eastern District of Missouri from 1980 to 2017. Diana was appointed Standing Chapter 13 Trustee for the Eastern District of Missouri on March 1, 2017, following Mr. LaBarge’s retirement.

Daugherty has been married to Jerry Daugherty for 27 years. They spent their first anniversary at the 1990 NACTT conference in Baltimore. They have two boys, one in his fourth year at Mizzou and one finishing his senior year in high school. They live in an area of the City of St. Louis that is like a small town in the big city and enjoy helping with and attending neighborhood events. Life would not be complete without at least one beach vacation a year.

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What IS a Principal Residence?

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By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if...

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Debt Buyers Pay a Lot Post-Taggart

Cathy Moran

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You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.

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Rescuing a Troubled Chapter 13: The Unseen Threat

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By Cathy Moran, Esq. (Redwood City, CA) We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. Make sure that you don’t let a bad situation get worse. Get your arms around §109(g). When only a do-over will do, don’t wait around. No Payments for Months The debtor came to me...

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How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

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While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

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Serendipity, a Tribute to Judge Jack B. Schmetterer

March 14, 2021

By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...

Bifurcated Fees Under Examination

The Honorable William Houston Brown

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Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7...

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New Trustee Named

The Academy

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Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey. Finberg is picking up the mantle left by happily retiring Isabel Balboa.

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

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