An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)

I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny as it sounds, being a Chapter 13 Trustee really was my dream job. Almost immediately I was contacted by Chapter 13 Trustees from around the country with congratulatory remarks, telling me I had just landed the best job in the world. I thought so, too – and then came the avalanche. In month one I had to move my office (yes, literally relocate the entire office by October 31), and by the end of December I had to part ways with my senior case analyst and my (only) staff attorney. Those were necessary but tough losses. Also, in December, I almost lost my husband (which is really only relevant to understand my state of mind). In early January, with my husband’s health stabilized, at the literal last minute I registered for and attended the NACTT Mid-Year in Ojai, CA. Most of the members didn’t know me, but they welcomed me, they listened, they commiserated, and they helped me realize that we all struggle with the transition in one way or another – I was certainly not alone. Because of the NACTT membership, I came back to my office empowered and rejuvenated. I will never be able to thank my NACTT colleagues enough for who they are, and for the support that they provided to me those days.

The rest of year one passed quietly as I filled vacancies and worked to train the new staff, and my first audit went well, which was a huge relief. Toward the end of my first year, I utilized the NACTT Trustee Outreach program. I worked with the Committee to arrange an office visit from two seasoned Trustees with similar office environments. They spent two days at my office talking with my staff and me about the office operations, and they made some very valuable observations and suggestions. I would HIGHLY recommend that process to every new Trustee (and to every not so new Trustee). It’s a very informal process with no written report or recommendations. Take their advice or don’t, but it’s always good to listen to other perspectives.

Throughout my second year as Trustee, I began to utilize some of the Trustee Outreach Committee’s suggestions. Probably the biggest of these changes was the fact that I hired an outside accountant and removed the in-house accountant. That was another stressful transition, but now that we’re on the other side of it, I really wish I had done it sooner. It costs less and adds an additional layer of accountability. Plus, without a staff accountant, I was able to be way more hands on this year, especially with the audit process. I had the opportunity to learn some particulars that I probably never would have seen, and to implement some adjustments that are making the office run more efficiently. I would strongly recommend that every Trustee, especially the new(er) Trustees, take some time to genuinely review every interoffice accounting procedure to intimately understand how items are being handled, and to identify opportunities to improve financial efficiency.

My second year was not unlike everyone else’s year in that it also presented challenges and opportunities that no one foresaw due to both the BLM movement and the COVID-19 virus. From a staffing perspective, in what seemed to be the blink of an eye we acquired the hardware and software necessary to work remotely as much as possible. With the help of our NACTT colleagues, we developed written policies for working remotely, and for transitioning out of the office, and then back in the office, including office hygiene and social distancing policies. Again with input from our NACTT colleagues, we developed policies and procedures for remote 341 meetings, and all of it seems to work really well. So far everyone in my office has managed to stay physically and mentally healthy during the pandemic; and working remotely has given us the opportunity to find a new balance between work and home – one that may continue after the COVID-19 risks have subsided. This past year we also as an office recognized the importance of having a continuing dialogue about race in America. As a part of this dialogue, we (voluntarily) read Between the World and Me by Ta-Nehisi Coates and The World According to Fannie Davis by Bridgett M. Davis (books suggested by NACTT colleagues), and then had voluntary open discussions about the books. Our discussions also focused on personal life experiences in an effort for each of us to gain perspective.

Our second year audit went well, and while the case counts are still low, budgetarily we are in a decent place. I am thankful to have two years under my belt, and I am even more thankful to have my NACTT colleagues to brainstorm and otherwise share ideas. This job really is the best job in the world, and a large part of what makes it the best is having the resources presented by the NACTT and its members.

________________________________

kuharich Dynele L. Schinker-Kuharich, Esq., is the Standing Chapter 13 Trustee for the Northern District of Ohio at Canton. Prior to her appointment in 2018, Ms. Schinker-Kuharich was a member of the panel of Chapter 7 Trustees for the Northern District of Ohio, and was also an attorney in private practice where she concentrated her client representation on bankruptcy and consumer law issues for over 19 years. Ms. Schinker-Kuharich was an adjunct professor at The University of Akron School of Law, and has frequently spoken at seminars on topics related to bankruptcy and consumer law. Ms. Schinker-Kuharich is a member of the National Association of Chapter Thirteen Trustees, the American Bankruptcy Institute, and the Stark County Bar Association. She is a former member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys, the Portage County Bar Association, and the Akron Bar Association where she was past Chair of the Commercial Law Section.

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016
March 27, 2022
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent. (Clarkson) In re Eagan Avenatti, LLP, 2022 WL 630332 (Bankr. C.D. Cal. March 3, 2022) Case Summary Eagan Avenatti, LLP, was the California law firm of the somewhat...
Members
March 31, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...
Members
Hale-Andrew-Antico
March 24, 2024
“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.
Members
Academy Circle Logo Final
February 18, 2024
Judge Raymond Lohier (Second Circuit U.S. Court of Appeals) Shares His Immigration Story and the Diverse Perspective it Brings
Copy of Hildebrand-2016
December 11, 2022
A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...
Members
April 19, 2020
By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...
Members
November 3, 2019
By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...
Members
bobdrummond
October 20, 2024
“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.
Members
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...
Members
Copy of Hildebrand-2016
July 21, 2024
When a Chapter 7 trustee discovers non-exempt, undisclosed equity in the debtor’s property, the Chapter 7 trustee is entitled to be compensated in the case based upon the hours actually performed by the trustee in a lodestar method as an administrative expense when the case is converted to Chapter 13.
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: