Passing of David W. Allard

image004David W. Allard was a founding shareholder of Allard & Fish, P.C. and served as its President since 1987. During the course of his career, Mr. Allard represented nearly all parties to bankruptcy proceedings in chapter 11 reorganizations and chapter 7 liquidations. Notably, Mr. Allard served as the Trustee of the DeLorean Motor Company and also served as the Creditor Trustee of Air Transport International, LLC. He was a member of the Standing Panel of Chapter 7 Trustees in the Eastern District of Michigan and served as its President from 1991 to 1993. He was a member of numerous bar and bankruptcy associations and served as the Vice-Chair and Chair of the Subcommittee on Trustees and Examiners of the Business Bankruptcy Committee of the Business Law Section of the American Bar Association from 2001 to 2007.

Mr. Allard was also a Past President of the National Association of Bankruptcy Trustees where he served as President in 2000-2001 as well as held all other offices on the Board of Directors from 1993 to 2000. He authored “Personal Liability of Trustees and Debtors-in-Possession: A Review of the Varying Standards of Care in the United States,” Commercial Law Journal, Vol. 106, No. 4, 2002, and “Means Testing, Dismissal and Conversion Under the New Law,” American Bankruptcy Institute Journal, Vol. XXIV, No. 6, July/August 2005 and co-authored three additional means testing articles published in back to back issues of the ABI Journal in 2007. He was a lecturer for numerous local and national groups concerning bankruptcy issues including means testing, homestead exemptions and dismissals under BAPCPA, officer and director liability and bankruptcy trustee liability, health care and bankruptcy, statistics, trustee training and administration, OIG audits, deepening insolvency and other topics of interest to the bankruptcy community.

Mr. Allard died on October 6, 2013, at the age of 65. He was the beloved husband of Janice and loving father of Ryan and Devon. In lieu of flowers, donations may be made to the Grosse Pointe Rotary Foundation or to the Capuchins.

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016
November 6, 2022
Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the sale of that property does violate the stay and the sale is void. (Bonapfel) In re Rakestraw, 2022 WL 4085881 (Bankr. N.D. Ga. Sept. 6, 2022) Case Summary Ms. Rakestraw filed Chapter 13 on August 12, 2022, listing her ownership...
Members
September 15, 2019
By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...
Members
August 18, 2019
Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...
Copy of Hildebrand-2016
July 30, 2023
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Post-petition, pre-conversion equity that accrues in a debtor’s residence during the pendency of a Chapter 13 plan is property of the estate in the Chapter 7 estate following conversion.  (Hastings) Goetz v. Weber (In re Goetz), 651 B.R. 292 (8th Cir. BAP, June 1,...
Members
white-house-shutters
Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders.  Real benefit is provided to the debtors who have personal property with secured loans due.  Concepts including the automatic stay preventing enforcement or perfection of a security...
Members
Copy of Hildebrand-2016
January 23, 2022
Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...
Members
August 30, 2020
By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...
Members
May 10, 2020
By Cathy Moran, Esq. (Redwood City, CA) The timeless questions asked by mankind include “why are we here“, “which came first ...” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. Having argued and lost the Pak case when BAPCPA was new, and felt vindicated when
Members
M Joseph Photo 2-1-22
August 28, 2022
An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...
Danielle headshot (2)
January 30, 2022
Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: