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.

No Author Biography has been linked to this Article.

Bankruptcy’s Eternal Struggle

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

Meet One of Our Newest Trustees

January 13, 2019

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...

Members

Here’s What Taxpayers Should Know About Making 2019 Estimated Tax Payments

August 18, 2019

Small business owners, self-employed people, and some wage earners should look into whether they should make estimated tax payments this year. Doing so can help them avoid an unexpected tax bill and possibly a penalty when they file next year. Everyone must pay tax as they earn income. Taxpayers who earn a paycheck usually have their employer withhold tax from...

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

March 14, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Exemptions are determined at the time the debtor files for bankruptcy. … This maxim is called the "snapshot" rule because the debtor's financial situation is frozen in time, as if someone had taken a snapshot of it.1 Recent Caselaw The First and Ninth Circuits On March 1, the Ninth Circuit...

Members

Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

Members

Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

Members

Passive Retention: A Creditor’s Right or an Act to Exercise Control?

April 14, 2019

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

Members

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

Members

Between the 1st and the 15th: Is Mortgage Current?

Cathy Moran

May 7, 2023

The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

Members

Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?

March 1, 2020

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL) Time does not stand still while a debtor is in Chapter 13. Nor do income and expenses. Ideally, consumer debtors who have filed a chapter 13 would not need to obtain credit during the term of their plan. Unfortunately, circumstances sometimes get in the way. The most...

Members