NANCY J. WHALEY

STANDING CHAPTER 13 TRUSTEE

SunTrust Plaza Garden Offices

303 Peachtree Center Avenue, Ste 120

Atlanta, Georgia 30303

(678) 992-1209

 

WORK EXPERIENCE:

 

Standing Chapter 13 Trustee,  Northern District of Georgia, Atlanta, Ga. Jan. 2003 -present

Selected as a Chapter 13 Trustee to develop and start a new office. Project included handling all aspects of starting an office from leasing space, build out, purchasing equipment/ furniture, and hiring all personnel.  As an attorney/Trustee,  maintains a full case load of handling Chapter 13 cases from time of filing through dismissal, discharge or conversion.  Presides over Meeting of Creditor hearings, examines Debtors, values assets and determines whether plan is in compliance with the Code and Orders of the Court.  As Trustee, responsible for a trust exceeding $50 million dollars and an office of 37 employees.  Responsible to Debtors, Creditors and the Bar to ensure timely and accurate monthly disbursements. Works with nationwide creditors on issues of transfers/assignments, purchasing and selling of claims, and issues of perfection for secured collateral.  Partner with Chapter 7 Trustees and the United States Trustee on issues of conversion and civil enforcement.  Liaison to the Court on Chapter 13 matters and leader on issues of attorney fee reform and development of new plan.

 

John Marshall Law School, Atlanta, Ga. August 2001 - 2006

Adjunct Law Professor

Bankruptcy professor teaching a course dealing with debtor/creditor relations, Chapters 7, 11 and 13 of the Bankruptcy Code as well as practice and procedures in the bankruptcy court.  Course material includes subject matters of Evidence, Business Organizations, UCC and Tax.  Students attend meeting of creditors and various court hearings to receive practical exposure to the bankruptcy practice.

 

M. Regina Thomas, Standing Chapter 13 Trustee, Atlanta, Ga. Feb.1992 – Dec. 2002

Attorney/Advisor

Administered all aspects of Chapter 13 cases. Worked with various lending institutions on matters of valuation on all types of collateral, relief from automatic stay issues, surrendering and repossessing of collateral pre and post-petition. Presided over meeting of creditors to determine eligibility for Chapter 13 and whether the plan was confirmable. Extensive experience in the courtroom and negotiating with debtors and creditors to ensure a judicially efficient and equitable result. Case assignment before five different judges with assignments  in Atlanta, Rome, Newnan and Gainesville, Georgia. Developed business case program for cases assigned to M. Regina Thomas and handles appellate matters for the Trustee. Assists the Trustee in decision making regarding office administration, hiring, and office policy.

 

 

Clark and Smith, P.C., Atlanta, Ga. September 1991 - January 1992

Attorney

Represented debtors in Chapters 7, 11, and 13.  Handled cases from initial client consultation through discharge, dismissal or conversion.  Represented debtors at meetings of creditors, confirmation and motion for relief hearings and complaints of non-dischargeability.  Represented Debtors in Chapter 11 cases from initial bankruptcy planning to the filing of the case.  Prepared and defended plans and disclosure statements, fee applications and represented Debtors at motion for relief hearings, motions for use of cash collateral, and motions to assume executory contracts.

 

Securities and Exchange Commission, Atlanta, Ga., January 1991 - May 1991

Clerkship

Assigned to the Bankruptcy Branch of the SEC. Reviewed disclosure statements and plans in Chapter 11 cases filed by publicly traded companies.  Monitored companies during the bankruptcy to ensure compliance with the securities and bankruptcy laws.  Researched and wrote legal memoranda on issues concerning both securities and bankruptcy issues.

 

William Carney, Professor of Law, Emory University, Atlanta, Ga. May 1990 - May 1991

Research Assistant

Assisted Professor Carney in writing a text book on Mergers and Acquisitions.  Research required working knowledge and ability  to interrelate areas of law including: Environmental, Labor, Corporate Finance and Securities. Position involved substantial independent responsibility for researching, editing, and writing text for the book.

 

U.S. Trustee Office and

Ragsdale, Beals, Hooper & Seigler, Atlanta, Ga. January 1990 - May 1990

Clerkship

Worked in U.S. Trustee Office dealing with Chapter 11 proceedings and with a Chapter 7 Trustee. Conducted research, drafted memoranda and motions.  Reviewed disclosure statements, plans, and schedules of debtors. Attended meeting of creditors, court hearings, and meetings with debtors, attorneys and accountants.

 


Gary W. Donner, P.C., Atlanta, Ga., May 1989 – August 1989

Clerkship

Worked with real estate attorney in all areas of the practice.  Performed title searches, and prepared closing documents.  Worked with real estate agents, lending institutions, and clients to prepare for real estate closings.  Handled all problem files, foreclosures, and insurance claims.

 

Eastern Airlines, Atlanta, Ga., and Miami, Fl., May 1987 - August 1988

International Analyst

Gathered, analyzed information and developed original statistical studies of international routes for the President's Report.  Studied the legal and economic possibilities of different route structures' impact in yield and passenger revenue.

Employment Representative

Represented Eastern Airlines throughout the United States interviewing and hiring  personnel for all areas of the airline.  Performed mass screening sessions and hosted group sessions for flight attendant candidates.

Mentorship

Studied and observed different aspects of the airline by working with the President and Vice Presidents. Acted as a liaison in activities with South American governments for opening of new gateways.

 

Evans, Kitchel, & Jenckes Law Offices, Phoenix, Ar., Summer 1985

Mentorship

Worked one on one with a partner in the area of aviation and corporate law.  Edited contracts and letters of intent.  Attended trials, depositions, and oral arguments. 

 

Civil Aeronautics Board, Washington, D.C., Summer 1984

Mentorship

Participated in issue group meetings, briefings, board meetings, Senate hearings with the Vice Chairman.  Prepared and participated in two government negotiations with Jamaica and Luxembourg in Washington D.C.. Traveled to Lima, Peru, with airline and government representatives to negotiate air route rights between the United States and Peru.

 

EDUCATION:

 

Emory School of Law, Atlanta, Ga. 30322

Juris Doctor, May 1991

Admitted to Georgia State Bar, May 1991

Activities: Moot Court Fall and Spring Competitions; Student Bar Association, Chairperson; LAWS; Student Ambassador; Who's Who Among Law School Students; Young Careers of High Art Museum.

 

Eureka College, Eureka, Il. 61530

Bachelor of Arts in Economics, Cum Laude, May 1987

Honors: Ronald W. Reagan Scholar; National Dean's List; Who's Who in American Colleges & Universities; Outstanding Young Women of America; Delta Zeta Sorority, Philanthropy Chair and Chaplain; FOCUS, President; Professor Assistant for two years; Area Coordinator handling four dormitories; Housing Director for Summer Camps; Mayor's Commendation, City of Eureka, Il.

 

MILITARY EXPERIENCE:

 

Air Force Reserves, Dobbins, ARB, Ga., January 1997 - Present

Chief Command and Control Section, 22 Air Force    Rank: Lieutenant Colonel

The officer in charge of the command post. In charge of all personnel and operational issues of the Command Post.  Duties include hiring of personnel, personnel evaluations and determination for promotions and disciplinary action.  Responsible for performing Staff Assistance Visits and Readiness Assistance Visits for supporting units to ensure that the units are in compliance with Air Force Regulations and prepared for war time mission.

Courses completed:

Air War College, Correspondence Class, August 2007, Excellent Graduate (equivalent to a  Masters Degree)

Air Command and Staff College, Correspondence Class, March 2003 (equivalent to a Masters Degree)

Leadership-Today and Tomorrow, Washington, D.C. January 2002

Leadership-Today and Tomorrow, Washington, D.C. January 2000

Squadron Officer School, Correspondence Class, Graduated February 1999

Junior Officer Leadership Seminar, Stockholm, Sweden, June 1998

Total Quality Management School, Certified August 1993 and follow-up courses

 

Air Force Reserves, Dobbins, ARB, Ga., October 1992 - Present

Command Post Controller Rank: Captain

Performed flight following, handled emergency actions, and all message traffic.  Briefed the commander at any time concerning status of aircraft and existing or developing situations. Training Officer and Quality Officer for Command Post.

Joint Endeavor - Ramstein AFB, Germany  March 1996.  Scheduler for all IFOR flights from Ramstein AFB

 

Georgia Air National Guard, Dobbins, ARB, Ga., Atlanta, Ga., July 1988 - October 1992

Illinois Air National Guard, Peoria, Il., November 1986 - July 1988

Cost Analysis Officer

Responsible for publishing the Economic Resource Impact Statement for the National Guard Bureau and Atlanta businesses.  Provided Management Analysis Service for Commanders for issues requiring a cost/benefit analysis or a managerial review. Supervisor of Cost Section.

 

Honors: Meritorious Service Medal second Oak Leaf Cluster, Air Force Achievement Award; Georgia Commendation Medal;  Laudatory, Operational Readiness Inspection October 1996; Outstanding Performer,  Operational Readiness Exercise October 1994; Outstanding Performer,  Quality Air Force Assessment Evaluation and Unit Effectiveness Inspection;  Academy of Military Science, Squadron Commander.

 


ACTIVITIES and MEMBERSHIPS:

 

Past Member of Executive Committee, State Bar of Georgia; Board of Governors, State Bar of Georgia; State Bar of Georgia: Communications Committee Chair, Finance Committee, Advisory Committee on Legislative Affairs, Personnel Committee, General Counsel Committee, Women and Minorities Committee; State Bar Bankruptcy Section Immediate Past Chair; Lawyers Foundation of Georgia Fellow;  Georgia Association for Women Lawyers, Past President; Georgia Association of Women Lawyers Scholarship Fund Past President;  Georgia Women on the Run ...for Office, Founder and Chair;  State Bar of Georgia Younger Lawyers Section, Past-Chair of Community  Service Committee; YLS Community Service Charity Golf Tournament Past -Chair, 4 years; Atlanta Bar Association,  Representative At Large of Bankruptcy Section;  Junior League of Atlanta; Georgia Breast Cancer Coalition Fund, Board of Directors; Young Survival Coalition, Vice President of Fundraising; Delta Zeta Sorority; Air Force Association, Member; Reserve Officer Association, Member.