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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Travis Sasser

March 3, 2019

Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...

How My Law Firm Learned to Stop Leaving Money on the Table Part 1 – Looking at Bankruptcy Cases Differently

Mark C. Leffler

April 17, 2022

Mark Leffler, of the Boleman Law Firm in Virginia and also the current President of the Academy for Consumer Bankruptcy Education, begins a series of articles describing his firm’s development of a broader practice on behalf of consumer debtors. Look for subsequent parts of this series over the next few weeks. My fellow self-described consumer bankruptcy lawyers: you wield more...

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Small Business Chapter 11 Update, Where Are We Eight Months In?

November 22, 2020

By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

March 26, 2023

Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized 2022 . . . It looks...

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Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

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Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

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Max’s Knowledge Nugget

Max Gardner

November 13, 2022

Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...

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How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

Mark C. Leffler

June 5, 2022

Bankruptcy has been the focus of the Boleman Law Firm’s 30+ year history, but my law partners and I believed it was important for our firm’s long-term health to add a new practice area that would be complimentary to bankruptcy. Even though we were filing almost 250 new Chapter 7 and 13 cases every month before the pandemic, most of...

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How to Manage Incompetent, Unprepared, and Unreasonable Creditor Bankruptcy Counsel

The NACTT Emeritus Trustees

March 19, 2023

Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared and unreasonable creditor counsel. CREDITOR ATTORNEY REPRESENTATION ISSUES Several ETC Trustees list the following as problematical during their tenure. Attorney claims lack of authority from creditor...

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