The Clash Between § 101(5)’s Inclusiveness and Chapter 13’s Procedural Barriers

This article explores how procedural precision often trumps substantive entitlement — and why vigilance is key to protecting valid claims.

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daryl smith
Chapter 13 Standing Trustee for the Middle District of Florida

Daryl J. Smith is the Chapter 13 Standing Trustee for the Middle District of Florida, Tampa-Fort Myers Division.  He previously served as the Chapter 13 Trustee in Western Louisiana, Shreveport. Smith also served as a senior staff attorney to the Chapter 13 case Trustee for Western Tennessee, Memphis, for almost a decade. Prior to practicing in the area bankruptcy law, Smith was an assistant district attorney for the State of Mississippi in which he tried 36 jury trials to verdict. He is a member of the National Association of Chapter 13 Trustees (NACTT) and the American Bankruptcy Institute (ABI).   Smith has been a guest speaker and published author on various panels in bankruptcy and finance. Some of his awards include the National Conference of Bankruptcy Judges (NCBJ), Honorable Cornelius Blackshear Presidential Fellow. American Bankruptcy Institute’s ABI  40 under 40. Smith earned a Bachelor of Science in Political Science at Murray State, and later earned a Doctor of Jurisprudence at Mississippi College School of Law.

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