Passing of David W. Allard

David 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.

Meet the New Trustee

November 1, 2020

Lloyd T. Kraus was appointed as a Chapter 13 Standing Trustee for the Eastern District of Texas on August 1, 2019. While Kraus loves his job, he would much rather still be serving as a staff attorney to his best friend and mentor John Talton. Talton was tragically killed in a traffic accident in October of 2018. Kraus received his...

Members

From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

Members

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

June 28, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...

Members

Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

Members

From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

Members

Critical Case Comment – Siegel v. Fitzgerald

Henry E. Hildebrand, III

June 19, 2022

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...

Members

Phil Lamos – Humble Sage

June 27, 2021

By Academy Staff Phil was a quiet, humble man. He loved his family, loved the law, and loved to serve others. Philip D. Lamos, age 53 of Painesville Township, passed away suddenly on June 11, 2021. He was a hometown boy who loved his family, especially his son Matthew and daughter Emily. Phil was a graduate of John Carroll University...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Lawrence R. Ahern, III

February 5, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

Members

From the Editor – Debtor’s Attorney

May 17, 2020

By The Honorable William Houston Brown (Retired) Sanctions for including foreclosed property in petition. On creditor’s motion, sanctions for attorney fees and costs were awarded against Chapter 13 debtor’s attorney for scheduling as property of estate real property that had been foreclosed and on which debtor’s redemption period had expired. Under Rule 9011(c), a safe harbor letter from the creditor...

Members