Jan Sensenich is retiring today, September 30, 2024.  Bidding farewell to Jan is no easy task. He has been a well-respected Chapter 12 Trustee and Standing Chapter 13 Trustee for 33 years and has been a member of our bankruptcy community for even longer. But the mere passage of time is not what makes his retirement bittersweet. Jan’s contributions have been impactful. He is one of a kind. 

Jan was the guy who went to law school with the genuine desire to help others, and that’s just what he has done. Jan served not once, but twice as the Director of a Legal Clinic. That kind of work takes a special person with heightened dedication whose heart is in the right place. Those of you who know Jan well know with certainty that Jan is that person. 

Even after his time with the Legal Clinic, Jan has continued to give back to the legal community. He was an adjunct professor at Vermont Law School where he mentored law students and taught a bankruptcy course; he is a past president of The Association of Chapter 12 Trustees; and he has consistently been an active member of both the Vermont Bar Association Bankruptcy Section and the National Association of Chapter 13 Trustees. 

Reflecting upon Jan’s participation in NACTT, it is obvious that Jan was here to help all of us. During his tenure, he was an active member of the Due Process Committee. He also participated countless times as a speaker or moderator both at in-person seminars and webinars. He never shied away from the challenges presented with active participation in seminars. In addition, he has been a staunch advocate – taking on mortgage lenders to enforce 3002.1 and to attempt avoidance of defective mortgages. (See Gravel: So, What’s the Big Deal?). Jan has given us advice on direct communications with debtors (May Trustees Who Happen To Be Lawyers Communicate Directly With Debtors?), and he worked on producing a guide to having effective communications among judges, the U.S. Trustee, and the standing trustees that was approved by the NCBJ (Effective-Communications-Guide.pdf ). 

He helped us through the government shut down in 2019 (The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?), and provided us with so many other countless resources over the years – and all of this was voluntary, without compensation.  That’s just who Jan is.

In wishing Jan well in his next role, Joyce Babin, Chapter 13 Trustee in Little Rock, Arkansas, recalls working with Jan:

Jan was a trustee in a part of the country where our paths unfortunately did not cross much. Therefore, I was surprised and honored when a few years ago, Jan asked me to edit an article he had written entitled, Exactly What is a Chapter 13 Trustee, Anyway?” In the article, Jan discussed the many hats a Chapter 13 Trustee wears – investigator, litigator, mediator, CEO, and debtor advisor and educator. Jan truly knew the roles a trustee plays, and he played all his roles well. Jan was always willing to share his knowledge with others and contributed positively to discussions on the Trustee Listserve. Jan’s insights will be missed when he retires.

Jan’s own words summarize his life as a trustee: “I do believe it is good work. I am honored to be a Chapter 13 trustee — even if no one knows exactly what I do.”

It is good work, and we have all been honored to have Jan as a colleague for so long.

Perhaps the most notable, or arguably the most impactful of Jan’s contributions to our organization was the role he played in creating the Inclusion and Acceptance Committee.  In the wake of George Floyd’s death, Jan (a white man from Vermont) found true clarity in the realization that like the officers who stood by and watched the brutality, he had done nothing to, in his own words, say “stop”. He described it as “silent complicity.” It was in that moment that he made a commitment to using his voice and putting his energy to work fighting racism and inequality. Please take a moment to read (or re-read) the entirety of his reflections. (2020 Vision • NACTT Academy (considerchapter13.org)).

“Jan was a devoted due process member from the inception of the committee.  He answered every request for help, wrote articles and was always willing to assist any trustee with issues.  His perspectives were reasoned and helpful and we will all miss his kindness and thoughtfulness.” Ronda Winnecour, Chapter 13 Trustee, W.D. of Pennsylvania.

Getting started was not easy, and while he was told “no” at least once, he maintained persistence and negotiated terms that would ultimately result in creation of the I & A committee with Pam Simmons-Beasley (who, ironically, is also retiring as of today) as his co-chair. Together, Jan and Pam opened our minds and led us into a realm with infinite possibilities. They both share a story about how they have grown to cherish each other; how they have an uncanny list of common traits and experiences; and that throughout their journey, these unlikely bedfellows have become close friends. They would not have made this connection without Jan’s tenacity.

More importantly, the I & A Committee would not have existed without Jan. Through Jan and Pam’s leadership, we have been presented with opportunities to learn how to better communicate with one another; how to better understand one another; and how to be better listeners. We are taking steps to encourage internships and have garnered the support of the U.S. Trustee Program relative to funding interns in our Trustee offices. We also now have access to DEI resources on the NACTT website, and we are essentially learning how to just simply be better. Sending a robust “thank you” to Jan for the contributions that he has made to the NACTT as an organization, and to us as individuals. We are forever better and stronger because of Jan, and we wish him an enjoyable next chapter.

Dynele Schinker-Kuharich
Chapter 13 Standing Trustee for the Northern District of Ohio (Canton)

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

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