Location/District: I live and work in D.C. I sit on the panel in the Eastern District of Virginia.

Profession: Attorney

Years serving as a panel Trustee: Approximately 30 years.

Why did you become a panel trustee? 
I wanted to apply my business experience; my desire to help consumer debtors get their fresh start; I considered it a type of pro bono work.

What were the three most difficult cases you had? What made them difficult?

1. Shariati – I sold a $1,500,000 house over the objection of the debtor who refused to move out.  After she was physically evicted she came back and broke into the house and had to be removed again.  She went on to file numerous lawsuits and other proceedings against me and others.  This has continued for over five years, and counting.
2. Rowe – I successfully appealed to the 4th Circuit a denial of earned 326 commissions.  I did this in spite of a number of powerful interests urging me not to do so.
3. Computer Learning Centers – I raised over twenty-five million dollars for mostly employee creditors in spite of numerous barriers.

If you could do a different job than the one you have without regard to qualifications or financial gain, what would you do?

Something in technology. 

What is your reputation as a trustee in your region?

Reputation for being practical and business oriented.

Do you think it is deserved?

Yes.

What is your favorite vacation spot?
Hawaii.

Who do you want to play you in the movie about your life?
Bruce Springsteen.

What is your biggest (non-financial) reward as a trustee?
Seeing honest debtors get a fresh start and turn their lives around.

What is your drink of choice?
Martini with olives and onions.

What do you think most non-trustees don’t understand about our work?
They don’t know of the enormous amount of time it takes to investigate allegations and the activities of the debtors; they don’t know of the risks we take in connection with our jobs – both financial and sometimes physical.

When you aren’t working, what are you doing?  
Going to baseball games; spending time with my family, especially my grandchildren.

Location/District: My office is in Southaven, MS and I live in downtown Memphis, TN. I am the chapter 7 trustee for several counties in the Northern District of Mississippi

Profession: Attorney - My practice has primarily focused on the representation of debtors in chapter 7 and chapter 13 cases for the past 14 years.

Years serving as a panel Trustee: I was appointed January 8, 2019.

Why did you become a panel trustee? 
After representing debtors in bankruptcy for several years it was an appealing new challenge. 

What were the three most difficult cases you had?   
So far every case!  What made them difficult?  Being brand new means every step of the way is a learning process. 

If you could do a different job than the one you have without regard to qualifications or financial gain, what would you do? 
I can think of several options.  One is travel writer because I love to travel.  Another would be detective because my wife and I are addicted to Investigation Discovery/Dateline type shows but I seriously doubt you see what all goes into that job through those shows. 

What is your favorite vacation spot? 
That’s a tough one!  I love going to new places so whenever I get to go to a new spot it usually becomes my favorite, until the next trip. 

What is your biggest frustration as a trustee (other than the low no asset fee)? 
My biggest frustration right now is my lack of experience.  I think I was getting spoiled by doing the same thing for so long that I forgot what it was like to learn a whole new area.  Thankfully I have great help from other chapter 7 trustees in Mississippi and the NABT listserve. 

Who do you want to play you in the movie about your life?   
My wife likes to say I remind her of Vince Vaughn. I would love to say somebody like Brad Pitt or Idris Elba but in reality it would probably need to be Norm from Cheers. 

What is your drink of choice? 
The drink I choose most is coffee.  If you’re talking about a “for pleasure” drink then I’d say whatever the bartender is serving.

What do you think most non-trustees don’t understand about our work?   
That our goal is not to punish debtors or give debtor attorneys grief. 

What would we be surprised to learn about you? 
My music catalog contains everything from Opera to Tupac to Bluegrass to Widespread Panic. 

By the time this President’s Page is published, over 75% of my term as President will have expired. I quickly reflected upon my term and the goals which I hoped, and still hope, to accomplish as President and recognized that we had hardly scratched the surface.

 I was elated that NABT’s Legislative and Lobbying team was able to obtain the sub-committee hearing on our compensation bill, HR 3553. However, I limited my expectations as to not be too disappointed when HR 3553 effectively died with the end of the 115th Congress. And while I would like to deliver to our membership the long overdue increase in the no-asset fee, I have hoped in the past, as I do now, that the raise occurs during the term of a President that chaired or dedicated so much of their time and effort as a Board Member toward that goal. NABT continues its efforts to have a new bill introduced by early summer, and while it appears by general consensus that everyone acknowledges that Chapter 7 trustees are under-compensated, the impediment is to gain agreement on funding any additional compensation. As I stated in my first President’s Page, and strongly restate, NABT provides so much more to the membership besides the legislative effort

A telling example of the “added” value which NABT membership provides was reflected recently in both inquiry and responses on the listserv to a question posed by a “new” trustee. In my opinion, Chapter 7 trustees are incredibly special. As a Trustee, the multiple issues which we are both requested and required to address, and in what manner to respond are not necessarily found in a handbook and most certainly not in some YouTube video. The answers of what should I do as a new trustee are only truly found in the many recommendations and answers which our members freely provide based upon their many years of experience. I want to specifically note the many Trustee Tips shared in past years by former Board member, William Schwab, but also the listserv responses on April 12, 2019 by Trustees from coast to coast, north and south. Kudos to Jim Angell, Robert Anderson, Paul Berens, Jeff Moyer, Erica Johnson, Steven Kartzman and Richard Marshack for assisting and providing your Trustee insights. I want to thank each of you in that you are the foundation which makes this organization strong and a community.

NABT has evolved significantly over the past 2 years through the efforts of NABT Committees and the excellent work of our Executive Director and management team. Through their efforts, NABT has launched its new website. I strongly urge every member of NABT to explore the new website. I believe you will be happy with what you will find.

I also want to acknowledge the wonderful efforts of our Regional Planning Committee which has worked diligently to include NABT and its business partners as part of the regional trustee training by the Office of US Trustee. While this is the first year in a long time that NABT didn’t have a Spring Seminar, new efforts are being explored to provide value on a more localized platform. These are only some of the exciting paths which NABT is exploring to provide a greater return to its members. If any of this interests you and you are not presently a member of an NABT committee, I would request that you contact Jennifer Brinkley, NABT’s Executive Director, and she will gladly direct you to the Board member who can respond.

Although the US economy has remained strong for the past ten years, a downturn is inevitable. Bankruptcy issues are becoming more prevalent, whether through student/educational loans, the farm crisis, veteran’s disability income, as well as, small business concerns. Which of these issues will grab the attention of Congress from its current focus. The ABI Consumer Commission released its report today, which addresses recommendations regarding trustee compensation, and a litany of many other consumer bankruptcy issues. This raises the obvious question, will we be seeing revision efforts like those in 1994, or the more significant changes created by BAPCPA? Time will tell, and we need to be prepared.

On April 11, 2019, at the American Bankruptcy Institute’s Spring Meeting in Washington, DC, the Final Report of the ABI Commission Report on Consumer Bankruptcy was released. NABT Past Presidents, Ron Peterson, served as one of the Commissioners, and Neil Gordon served on a Commission Committee, as well as, NABT Trustee member, Brian Shapiro. The ABI’s report only begins to show the many topics in the bankruptcy field which could make the next few years very interesting. The pressing question is whether a significant overhaul is soon to be considered?

As I finish writing this Page, I am sitting at Reagan National Airport in Washington DC following our Spring Board Meeting. In addition to legislative and membership matters addressed above, our Board meeting also discussed the significant preparation which has occurred for our Annual Meeting to be held August 22-25th in Denver, Colorado. I encourage each of you to attend the Annual Meeting as the program and the venue are spectacular. Above all, I look forward to seeing each of you there and further extending our friendship. 

It has been exciting to watch this issue of the ABTJ develop. The theme alone has been intriguing; what exactly is changing in bankruptcy? I must know! We all should probably know!

Not only are things changing in our industry, but our association is changing as well. Some changes have been easy and welcome; others are admittedly more challenging. 

Our website has had a complete change of face. If you have visited NABT.com recently, you can’t miss the new look. You might, however, miss certain aspects of the old site, or not be able to locate them right away. If you can’t find something, let us know. We have been transitioning information and pages to the new site over the past few months. Some things are still underway, some may not make the move if they are no longer relevant. Your input helps us tweak things as we go.

This year’s conference schedule is a little different as well. In response to some members’ suggestions, we planned this schedule to start just a little later than normal. This will free up more of your time to spend in the office. Instead of starting bright and early Thursday morning, we have two tracks of education starting Thursday afternoon, so no need to rush in Wednesday night.

So, let us know what you think of the changes. We are here to serve our members’ needs in the best way possible, and the more we know, the better equipped we are to do so. 

Sincerely,

Jennifer N. Brinkley
Executive Director

“Tomorrow belongs to those who can hear it coming.” – David Bowie

The theme of this issue of the journal is all about change. Change is hard; everyone knows that. I’m a perfect example. I screamed when my firm ripped my Blackberry out of my hand and replaced it with an iPhone years ago. I have not embraced the “paperless office”. I still use the word “shephardizing” even though Shephards went out of print years ago. And yet, in the face of all of this stubbornness, I consider myself somewhat progressive (albeit, my kids remind me, not “hip”).

The practice of law and our service as a trustee places us on the front line of change in our offices, our practices and our communities at large. We ignore it at our own peril. This issue will help you see what you may be missing.  Are you interacting with the public in a way that reflects your own internal prejudices developed over years? Have you come to understand the changing needs of your employees whose vision of their future and the role that their career plays in it may be very different from yours? Have you looked at possible changes in your own career, be it transitioning out of your full-time career or just stepping away from your trustee-ship? We hope that you find something useful in this issue.

I do want caution you all against a real concern I have.

I suspect that many of our readers review the Table of Contents and only read those articles that are of interest to them. I urge you to read this issue cover-to-cover. Read the articles that you don’t think will interest you. You may be surprised. Change is hard, but starts with familiarizing yourself with things that you don’t know and didn’t know you didn’t know.

I hope you enjoy this issue, even if it makes you uncomfortable.

One final thought – this is the last issue before our Annual Convention in August. I will be there. I hope that when you see me around, you will come up and tell me what you like/don’t like/want to see in the Journal. My editorial board and I are always looking for new ideas. Bring it on! 

Very best regards,

Andrea Dobin 
Editor in Chief

Location/District: Northern District of Georgia, Atlanta Division

Profession: Attorney

Years serving as a panel Trustee: Since December 2008

Why did you become a panel trustee?

While I was in law school, I began clerking for an attorney who was a panel trustee. Because of my financial background and computer savvy, I would analyze financial documents and information and identify potential assets for administration. He taught me how to be a good attorney and trustee.  After he retired, I was appointed to the panel later that year.

What were the three most difficult cases you had? What made them difficult?

I wouldn’t characterize any case as difficult, but certain cases have presented more challenges than others. One case involves a now pro se debtor, whose case began in 2010 as a chapter 13, was converted to a chapter 11 and then converted to a chapter 7. The Debtor has had two attorneys withdraw and now represents himself. The Debtor appeals almost every order, has filed complaints against me, my attorney and the judge twice. The Debtor is currently in jail for fraudulent activities and facing two additional indictments in another county for similar fraudulent activities, including activities involving the bankruptcy estate.

Describe one of your favorite cases. Why is it among your favorites?:

I have a few favorites. But, one of my most favorite cases dealt with individual debtors who owned a vacation home in Jamaica. The debtors gave two mortgages on the Jamaica house to the company of a friend  who resided in Brazil. We sued the Brazilian company to avoid the two mortgages. On the eve of trial, the attorney for the Brazilian company withdrew as counsel, leaving the company without counsel for the trial.  The trial went forward without the defendant company being represented, and the court avoided the two mortgages. The debtors’ friend and principal of the Brazilian company would not cooperate in  and execute the necessary documents to cancel the two mortgages of record in Jamaica. Since the Brazilian friend had extensive business interests in the US, we filed a motion to have the Brazilian friend hauled into Bankruptcy Court in Atlanta if and when he ever stepped foot back into the US. Shortly after the motion was filed, the attorney for the Brazilian company made a reappearance in the case and ultimately signed the documents.

If you could do a different job than the one you have without regard to qualifications or financial gain, what would you do?

I love being a trustee, but I would also love to be a bankruptcy court judge one day and serve in a different capacity.

What is your favorite vacation spot?

I love to travel all over, but send me to a place where there is a beach and water, I’m happy.

What is your biggest frustration as a trustee (other than the low no asset fee)?

I’m sure that I have some of the same frustrations as many trustees. But one of my issues is not being provided complete documents that are organized and provided in a timely manner when requested.

Who do you want to play you in the movie about your life?

I would say Kerry Washington.

What is your drink of choice?

Coffee or a glass of a nice Rosé

What do you think most non-trustees don’t understand about our work?

That trustees don’t just want to sell things to make a commission. Trustees spend a lot of time doing “pro bono” work in investigating cases where we only get paid the $60.00 fee.

When you aren’t working, what are you doing? 

I love getting outside and spending time with family and friends.

What would we be surprised to learn about you?

Most people would be surprised to learn that I am a country girl born and raised in Alabama....Roll Tide!

 Trustees have some of the most interesting jobs in the bankruptcy system. In my practice, I represent chapter 7 and 11 debtors, creditors, and panel trustees. When representing a panel trustee, you truly get a taste of every part of the law, including family law, criminal law, property law, and corporate law, among other areas of practice.

Describe one of your favorite cases.  Why is it among your favorites?

My favorite case relates back to when I was a trial attorney with the Office of the United States Trustee. I assisted in civil prosecution against a group of house squatters. One of the owners of a house came back and realized the lock to his front door had been changed and all of his family photos had been removed. I helped him get back in his house.

If you could do a different job than the one you have without regard to qualifications or financial gain, what would you do?

Definitely a food critic.

What is your favorite vacation spot?

The coast of Northern Spain.

What is your biggest frustration representing trustees.

Debtor attorneys who are obstructionist.

Who do you want to play you in the movie about your life?

Ed Helms

What is your drink of choice?

An Old Fashioned

What do you think most non-trustees don’t understand about our work?

The “lucrative” cases can be few and far between. It can be a grind.

When you aren’t working, what are you doing?

Having fun with my wife and 7 year old son.

What would we be surprised to learn about you?

 When I worked for the U.S. Trustee, I was sued by the house squatters on a 1983 claim. It was appealed to the Tenth Circuit, where it was dismissed under the doctrine of judicial immunity. We can ignore the fact that the circuit court conflated The Office of the United States Trustee with panel trustees.

Last year my hope was that when I prepared my last President’s Page, I would be reporting one or more items of good news. Ideally, the passing of legislation increasing trustee “no asset” fees would have been news I really wanted to deliver.  The expectations of what I wanted to accomplish during my year were optimistic, and perhaps unrealistic, but I am excited to report that through the hard work of many, NABT took many positive and significant steps this year.

NABT continued to improve the organization’s administrative and financial health. NABT continued to serve its members’ needs, and position itself to provide even greater benefits for the membership in the future. For me, this past year has felt as if I had traveled with the fictional Bill S. Preston, Esq. of Bill & Ted’s Excellent Adventure, journeying through time in a mystical phone booth.

My NABT adventures started within my first month with the Hearing on the “Bankruptcy Administration Improvement Act of 2018” (HR 3553) before the House Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Although I didn’t personally travel to Washington DC, the most “excellent” work of our Legislative Committee through NABT members, H. Jason Gold, Neville Reid and Marc Albert, resulted in outstanding testimony of NABT Vice President Neville Reid in support of the increase for “no-asset” fee compensation. This excellent adventure also included figures from NABT’s historical past by the support and testimony of the Honorable Bankruptcy Judge Alan Stout, Past NABT President. His testimony was no less compelling than the fictional Socrates pronouncements to San Dimas High. Although H.R. 3553 died with the end of the 115th Congressional Session, those efforts laid the groundwork for the continued adventures in legislative efforts this year with our Legislative team of Porter Group being joined by former Congressman James Moran, bringing even more experience to NABT’s efforts. We transcended into the 116th Congress with renewed efforts for a new bill, with meetings with Sub-Committee Chair David Cicilline and his staff; continued support of Congressman Perlmutter, as we strive toward workable solutions in the politically toxic environment that engulfs our government. Our issues were brought to Congressman Cicilline by Rhode Island Trustee members Joseph DiOrio and Charles A. Pisaturo, Jr., his constituents. We are most hopeful that we will see progress toward our legislative goal… and if it occurs it will be most “excellent.”

NABT’s adventures took a new turn with the elimination of the Spring Seminar. However, through the hard work of NABT Secretary Leslie Gladstone, Board Member Janet Northrup, and Trustee members Noreen Wiscovitch-Rentas and Richard Marshack the NABT hosted regional meetings in Regions 21 (Orlando) and 16 (Los Angeles). NABT will continue to review these new programs and the value they provide to the membership.

As an organization, I can report that NABT is in a much stronger position than it was a year ago. The excellent work of our Executive Director Jennifer Brinkley and her staff at Inspire have regained command of our membership rolls, unveiled out our updated website, and organized an annual conference that will provide both excellent educational sessions and outstanding opportunities to renew friendships or develop new ones within the Chapter 7 Trustee community. I cannot go further without acknowledging the tremendous work of Conference Chair Darcy Williamson and Co-Chair Marc Barmat, and the work of all the members of the Conference Committee.

During the year we had wild adventures with the federal government shutdown, discovering trustee compensation that went unpaid in reopened cases, and continued communications with Executive Office of the US Trustee and with the National Conference of Bankruptcy Judges. NABT’s NCBJ liaison has also changed from the Honorable Alan Stout, Past NABT President to another past NABT President, Honorable James Boyd.

In an effort to encourage and pursue our mutual interests to improve bankruptcy administration, I have attended the annual meetings of both the Chapter 13 and Chapter 12 Trustee associations.  I also hosted the NABT Board of Directors in my home state of Vermont in late June, affording a greater opportunity for its directors to develop deeper friendships and relationships for their organization efforts and adventures in the future.

I close my time as President (as I am sure those before have) satisfied with certain accomplishments and disappointed with the goals we did not meet. I am comfortable knowing that I leave this position to the capable hands of H. Jason Gold, who through our mutual efforts has become a close personal friend, much in the same way as I felt about my time when I was President-Elect to then-President Ron Peterson.

I encourage our members to find the time to participate in NABT activities, since it is through you that this Association thrives. At a time that verbal attacks occur daily on our nation’s stage, and vitriolic comments, distrust, and disrespectful and unprofessional conduct appear to be the call of many, we need to find ways to encourage civility, professionalism and compassion within our small segment of the legal community.  As Trustees and as NABT Members, we call for the constant improvement of bankruptcy administration, whether simply for the long overdue increase of compensation or other necessary changes for improving case administration, we need to follow the words of Native American Poet Laureate, Elizabeth Woody, from the poem Twanat …. “This is not one voice but the beginning of all voices in unison.”  Chapter 7 Trustees are most effective if we continue to join together.

I close with the simple but most insightful statement by the fictional Bill S. Preston, Esquire… “Be excellent to each other!” 

NABT Membership “Hacks”

 Apparently, the term “hack” has so many meanings not even Wikipedia can fully explain it. The Merriam-Webster definition is “to cut or sever with repeated irregular or unskillful blows.” It evolved to a term describing a computer programmer’s sometimes negative intent to alter or break a program. In more recent years, it has become a term people use to describe a quick tool, solution, shortcut or trick to achieving a task more efficiently.

So, how does “hacking” relate to NABT membership? The answer is quite simple. As a chapter 7 trustee, or someone who works with them, you probably have more on your to-do list than can reasonably be done in a day. Add to that, you probably want to work through those no-asset cases as quickly and efficiently as possible, because let’s face it, they sure aren’t making you any richer. NABT certainly can’t solve all your problems, but where else can you go to get quick answers, shortcuts, tricks or “hacks,” to help you in your practice?

Let’s review some NABT “Hacks” you may not be utilizing in your daily practice. The copy of this journal alone contains about 40 pages of content directly related to your practice. Spend just a couple hours reading this and you are sure to walk away with at least one new idea, resource or tidbit of information.

Last month, there were over 50 questions or topics submitted on the listserv, most messages receiving at least one response within a couple hours. That’s a lot of time you can save by simply posting a question on the listserv and benefiting from the prior experience and resources of your colleagues. 

Speaking of the listserv, someone recently posted a question on a topic that is specifically being presented at NABT’s Annual Conference. In fact, the listserv sparks numerous ideas for educational content at the conference. This year’s conference offers over 14 hours of CLE credit to its 400 attendees through the Trustee session track. The Trustee Assistant track offers another 14 hours of education specifically designed for Trustee Assistants by Trustee Assistants. Trustee members can attend this conference for as little as $850, or $60 per session. Of course, the value of the conference is so much more than just the education. The camaraderie and collaboration you experience by connecting with your colleagues is invaluable. 

One of the most valuable, and sometimes underutilized resources of NABT, is the depth of expertise and business solutions offered by our Business Partners. Whether you are seeking software solutions, bonding options, banking resources, asset valuations, or auctioneers, you’ll find them in our Business Partner Directory on our website, or better yet, meet them at a conference. Our Business Partners not only financially support the organization dedicated to your profession, they are dedicated to helping you succeed in your business. 

As we approach membership renewal season, consider the “hacks” your $350 membership provides. I bet if you use just one of these, or any of the others I didn’t mention, you’ll see that return on your investment before you know it.

Sincerely,

Jennifer N. Brinkley

Executive Director

I’m not sure that anyone reads what I write here.

So, every time we near the end of the editing of one of our issues, I suffer from a sort of existential crisis.  Why do I, just really another member of the Association, get half a page to talk about items of importance only to me?  Well, the truth is that I don’t.  My goal (although not necessarily the goal of my predecessors or successors) is to explain why the Journal looks the way that it does – why the editorial board selected the topics we did and the articles we did.

This issue focuses on the hot topics of the bankruptcies of educational and non-profit institutions.  These are important issues to society as we see the most vulnerable among us being taken advantage of by unscrupulous businesses and institutions.  We all see it in our practices and caseloads.  We file suit against, for example, “credit counselling agencies” that are little more than collection agencies designed to profit from desperate debtors by front loading fees and obfuscating their true practices.  These suits are little more than a nuisance to their targets.  So, what happens when a “bad actor” files for bankruptcy leaving thousands of students in the lurch?

One of our own, in fact, one of my associate editors, Debbie Caruso, was able to step in and be the “Knight-ess in Shining Armor”.  The lessons that she is sharing with us should leave us all feeling like there are days that we, as trustees DO provide real help to the masses.  Trustees are not always the “bad guy” unable to provide relief to those adversely affected by a bankruptcy filing.  I hope you will enjoy reading about it.

Finally, this is the last issue with Ray Obuchowski at the helm.  I want to thank him for the opportunity to serve the Association as I do.  It is a honor to put out this Journal every quarter.  I am looking forward to another successful year serving with Jason Gold.

Very best regards,

Andrea Dobin 
Editor in Chief

It’s the Christmas season. Versions of “Twas the Night Before Christmas……..” rings everywhere…..so I wonder, what does YOUR “night before” story sound like ……Here’s mine……

Twas the night before meetings and my thoughts are awry.

Who’s coming? What’s missing? And who’s gonna lie?

The files are set up - My assistant will know –

In the hopes that my computer is ready to go.

The lawyers were snuggled all deep in their beds,

While my questions and processes troubled their heads.

And me in my PJs and my cats in their beds

Were sitting up late wondering what lay ahead.

When out of from my nightstand there came a great sound;

I realized my alarm had gone off as it’s bound.

Away to the courthouse I flew like a flash

To see all the debtors who claimed had no cash

The day brought before me a quite diverse lot

The unemployed, single parents, and believe it or not

An unemployed Santa claimed no one believed

That off season work was something he’d need.

My time here is fleet; my work almost done.

I did not intend to do more than have fun.

What we do is quite rare; our position unique.

So every one once in a while, we have to just speak

In the rhyme of a time that evokes such delight.

But for now, into 2020 we go………and to all a good night! 

Very best regards,

Andrea Dobin

Editor in Chief