Bankruptcy News

Civil Enforcement Coordinators Appointed For U.S. Trustee Program

WASHINGTON, D.C.-Antonia Darling and Mark Redmiles have been appointed Civil Enforcement Co-Coordinators for the U.S. Trustee Program, it was announced today by Lawrence Friedman, Director of the Executive Office for United States Trustees (EOUST).

"Tonie Darling and Mark Redmiles will lead the Program's Civil Enforcement Initiative, under which we have stepped up our use of existing civil enforcement tools to curb abuse of the bankruptcy laws, maintain the highest standards of professionalism in bankruptcy practice, and assure that the bankruptcy system operates as intended," Friedman stated. "We have taken great strides since we announced the Initiative last October. As Civil Enforcement Co-Coordinators, Tonie and Mark will keep that momentum going by providing more focus, coordination and direction in our national effort to identify, investigate, and seek civil remedies for bankruptcy fraud and abuse."

The priorities of the Civil Enforcement Initiative are:

• Ensuring that Chapter 7 is not abused and that Chapter 7 debtors are held accountable. Chapter 7 debtors who do not comply with the law will have their cases converted or dismissed, or their bankruptcy discharges denied or revoked.
• Protecting consumer debtors, creditors, and others who are victimized by those who mislead or misinform debtors, make false representations in connection with a bankruptcy case, or otherwise abuse the bankruptcy process. Attorneys and bankruptcy petition preparers (non-attorneys who prepare bankruptcy documents for a fee) must engage in full disclosure, be free of conflicts of interest, and engage in ethical practices.
• Ensuring that Chapter 11 debtors proceed with their cases promptly and are informed of and held to account for their obligations under the Bankruptcy Code.

Darling will continue as the Assistant U.S. Trustee heading the Program's office in Sacramento, Calif., where she has served since 1990. She was an Assistant U.S. Attorney in Shreveport, La., from 1983 to 1990, and she served as senior trial counsel for Disciplinary Enforcement for the California State Bar in Los Angeles from 1977 to 1983. Darling received her J.D. in 1977 from Golden Gate University School of Law in San Francisco and her Bachelor of Arts degree in 1974 from Raymond College, University of the Pacific, in Stockton, Calif.

Redmiles joined the EOUST's Office of General Counsel as a Trial Attorney in February 2002, after spending more than 11 years in private practice in Denver specializing in bankruptcy law and litigation. Redmiles received his J.D. in 1990 from Duke University School of Law in Durham, N.C., and his Bachelor of Science degree in 1982 from the University of Northern Colorado in Greeley.

The EOUST is the Washington, D.C., headquarters of the U.S. Trustee Program, a component of the Justice Department that promotes integrity and efficiency in the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The EOUST supervises the operations of 21 regional U.S. Trustees and 95 field offices covering 88 federal judicial districts.

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	Did You Know?
	Can Co-Signers Be Protected If you file Chapter 7 bankruptcy, the creditor can proceed against your co-signers, according to the terms of the debt agreement. However, if you file a Chapter 13 debt adjustment, a co-signer is protected if the following conditions are met. The debt must be a consumer debt. Also, the debt may not be incurred in the ordinary course of business, and the co-signer cannot benefit from the proceeds of the debt.