Meet a New Trustee

David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022.

David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011.

When David started law school in the fall of 2008, he knew nothing about bankruptcy. His path to bankruptcy began when he wrote his way onto a journal called the Uniform Commercial Code Reporter Digest. Although he already had a talent for writing, working on the Digest taught him how to write more effectively. Through the Digest he also met Professor Ingrid Hillinger, who became an important mentor early in his career. Also in connection with the Digest he took secured transactions followed by some bankruptcy courses. Upon graduation from law school, with a letter of recommendation from Professor Hillinger, David secured a clerkship with Frank J. Bailey, Judgeof the United States Bankruptcy Court for the District of Massachusetts. Judge Bailey became another influential person in David’s life.

Davidthen moved to private practice where he was an associate in the restructuring and insolvency group at K&L Gates LLP in Boston and the bankruptcy, restructuring and workout group at Bowditch & Dewey LLP in Framingham. During that period, he worked on corporate restructurings and became a Subchapter V Trustee following the enactment of the Small Business Reorganization Act.

David is proud to count himself among the ABI’s “Top 40 Under 40” for 2019, and as part of the National Conference of Bankruptcy Judges 2018 Next Generation Program.

He is currently a Board Member of the National Association of Bankruptcy Trustees. He is also a member of the National Association of Chapter 13 Trustees and the Boston and Worcester County Bar Associations.

He credits Carolyn Bankowski, Chapter 13 Standing Trustee for the District of Massachusetts, and Charles A. “Chad” Dale for being strong mentors in his professional life. 

David is an avid fitness enthusiast. He enjoys exercise, particularly riding his bike. But he also enjoys playing guitar, reading, listening to podcasts, barbecuing, and comedy and live music performances. As a hometown boy, he enjoys all aspects of Boston sports. 

As with many ‘bankruptcy nerds’ David is interested in history, particularly financial history, and macro-economics. When pushed to pick a favorite book/movie genre, David chose science fiction. 

He and his wife, Sara, have three sons, so, of course, most of his free time is spent with whatever they are interested in. 

The theme in his Chapter 13 office is: Be helpful, consistent, and predictable. Be nice. In our “Meet a New Trustee” series, we try to always share something ‘bankruptcy people’ don’t know about the subject. We definitely have a conversation starter regarding Mawhinney: Before law school he was an actor . . . in New York City! David, we look forward to learning more about this!

Academy Circle Logo Final
Consumer Bankruptcy Education

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Related Articles

April 18, 2021
By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...
Members
October 20, 2019
By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...
Members
NBR cropped 2
August 7, 2022
Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....
Members
Copy of Hildebrand-2016
July 17, 2022
A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...
Members
June 21, 2020
By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...
Members
January 31, 2021
By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...
Members
September 20, 2020
By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....
Members
June 16, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...
Members
Copy of Hildebrand-2016
Chapter 13 debtor has no obligation to voluntarily disclose changes in income or the acquisition of post-petition assets absent a request from a party in interest for such information.  (Kendig) In re Poe, 2022 WL 3639415, (Bankr. N.D. Ohio August 22, 2022) Case Summary Mr. Poe filed a Chapter 13 petition in March of 2019.  At the time of filing,...
Members
Hale-Andrew-Antico
December 11, 2022
Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...
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: