Icons of the Bankruptcy World Retire

John V. “Jack” LaBarge, Jr., was appointed the Standing Chapter 13 Trustee serving the Eastern District of Missouri in October of 1987. Prior to that, he had been a Chapter 7 Panel Trustee since 1971 – 46 years – WOW. Jack served two terms on the NACTT Board of Directors as an at-large Director. He also served for many years on the Peer Review Committee. Additionally, Jack has mentored multiple new trustees. Jack is a long-time member and supporter of both NACTT and The Academy. He is an institution of service to others and will be leave a gaping hole in these organizations.It is often said that behind every successful man is an equally successful woman. No exception here. Mary LaBarge has served the trusteeship and the consumer bankruptcy community right alongside Jack. She was on the initial Staff Symposia Committee led by Robin Weiner. This Committee developed the concept of nationwide employee training. She developed curriculum and served as facilitator for many years at the beginning of this project and helped set the standard for this valuable training. Even after her retirement from the Staff Symposia Committee she was always willing to step up and fill in any gap when needed.

Mary participated as a panelist multiple times at NACTT annual summer meetings. She developed materials and spoke to upper level trustee staff on such topics as ethics with The Honorable Barry S. Schermer. In addition, Mary served with Alice Whitten and Debbie Langehennig on an NACTT/Academy joint Educational Webinar Training Committee for three years. She participated in the development and/or delivery of at least a half dozen training webinars for which The Academy is eternally grateful.

Not only are we losing the LaBarges this month, but Martha K. “Marty” Hallowell, Deputy Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice left us at the end of January. When asked what is next, Ms. Hallowell responded, “play and travel.” Marty, you will be tremendously missed – thank you, Marty, for your hard work and for always being so pleasant.

In discussing future plans with each of these icons, the common theme seemed to be to NOT answer to an alarm clock!

We wish you all the best in a happy and fulfilling retirement.

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Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Chapter 13 practitioners certainly do not need to be told that a lender with a mortgage1 on the debtor's principal residence has a special position in a Chapter 13 case. A chapter 13 plan may "modify the rights of holders of secured claims, other than a claim secured only...

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Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

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By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

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Meet One of Our Newest Trustees

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Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018. He replaces retiring K. Michael (Mike) Fitzgerald who served as the Standing Trustee for nearly twenty years. During the ten years prior to his appointment as Trustee, Jason was the Senior Staff Attorney and Legal Department Manager in...

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Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019

Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...

Ask Ms. Ps & Qs

Nancy B. Rapoport

June 4, 2023

Dear Readers: We’re now at the season where things go a bit wacky, and one thing that can go wacky has to do with people who are represented by counsel who want to talk with you. “Let’s cut out the middleman,” they think. After all, what harm could it be to save time? Plenty of harm, actually: Model Rule 4.2...

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The Day the Music Died

Henry E. Hildebrand, III

May 8, 2022

I never set out to be a bankruptcy lawyer, much less a trustee. It was always my intent to be trial lawyer. The thrill of victory, the agony of defeat, and the captive audience of a jury; having to think fast on your feet was exciting. Facing jurors and witnesses with a modicum of confidence was what my view of...

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Naliko Markel

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At the NACTT 2023 Mid-Year Trustee Meeting in January the presentation that resonated the most with me was one about the dark web. The presenter, Mark Lanterman (CTO Computer Forensic Services), said something that haunts me still: your biggest security risk is your people. Mind blown. We spend so much time, energy, and resources on physical security and network security,...

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