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Shawna Y. Staton

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Biography

Shawna Y. Staton has extensive bankruptcy and commercial litigation experience in state and federal courts, both in private practice and with the United States Department of Justice. Ms. Staton has represented individuals and businesses of all sizes, including The Coca-Cola Company, Daimler Chrysler, Carolina First Bank, and Clayton Homes/Vanderbilt Mortgage. Ms. Staton is licensed in Georgia and North Carolina.

A former Chapter 7 bankruptcy Trustee in the Eastern District of North Carolina and member of the Local Rules Committee for the Eastern District of North Carolina Bankruptcy Court, Ms. Staton has developed expertise in all areas of bankruptcy through years of practice in both the United States Trustee and Bankruptcy Administrator systems. Her cases have involved, among other things, representing trustees, creditors and other interested parties in bankruptcy litigation such as lien avoidance and preferential transfer actions; repossessions; collections; federal and state lender liability defense; bankruptcy appellate brief preparation and oral arguments before US District Courts; and brief preparation before the Fourth Circuit Court of Appeals.

Ms. Staton is a member of the Atlanta Bar Association and has served as an Officer of the Bankruptcy Section and Editor of the Bankruptcy Section Newsletter of the North Carolina State Bar Association. She has also been a member of the National Association of Bankruptcy Trustees and American Bankruptcy Institute.

A leader in legal education, Ms. Staton has served as course planner and faculty member for many continuing legal education programs of the North Carolina Bar Association, Coastal Bankruptcy Law Institute, National Business Institute, and many other continuing legal education providers. Ms. Staton also been an Adjunct Professor at Meredith College in Raleigh, North Carolina, and an Assistant Dean at the Campbell University School of Law.

Education

  • University of North Carolina School of Law, Chapel Hill, North Carolina
    • J.D. - 1991
  • University of North Carolina, Chapel Hill, North Carolina
    • B.A. - 1988
  • Peace College
    • A.A. - 1986
    • Honors: With Honors

Published Works

  • Author, Representing The Chapter 7 Debtor: Scope of Representation and Requirements for Withdrawal, Coastal Bankruptcy Law Institute
  • Author, Insurance and Section 541 of the Bankruptcy Code: A Matter of Interest for the Chapter 7 Trustee, 27th Annual Bankruptcy Institute, NC Bar Association
  • Author, Ethics and the Bankruptcy Lawyer: Avoiding Conflicts of Interest, Eastern Bankruptcy Institute
  • Author, Lien Avoidance in the Aftermath of Cen-Pen Corp. v. Hanson, Published in Vol. 19, No. 3 April 1998 edition of the Disclosure Statement, Newsletter of the NC Bar Association’s Bankruptcy Section
  • Co-author, Consumer Bankruptcy Valuation Issues, 19th Annual Bankruptcy Institute, NC Bar Association
  • Author, Repossession of Personal Property - Prebankruptcy, National Business Institute seminar North Carolina Foreclosure and Repossession
  • Author, Applying the Rules of Professional Conduct, National Business Institute seminar North Carolina Foreclosure and Repossession
  • Author, Getting the Creditor Its Due: A Paralegal's Guide to Consumer Bankruptcy, CISI Paralegal Practice Series, NC Bankruptcy Practice for Paralegals
  • Author, A Subject of Interest: Bankruptcy Code Section 506 and Present Value, Eastern Bankruptcy Institute

Practice Areas

  • Bankruptcy
  • Commercial Litigation

Bar Admissions

  • North Carolina, 1991
  • U.S. District Court Eastern District of North Carolina, 1991
  • U.S. District Court Middle District of North Carolina, 1991
  • U.S. District Court Western District of North Carolina, 1991
  • U.S. Court of Appeals 4th Circuit, 1992
  • Georgia, 2010
  • U.S. District Court Southern District of Georgia, 2010
  • U.S. District Court Northern District of Georgia, 2019

Representative Cases

  • Boone v. Hornsby (In re Hornsby) No. 15-04057, 2016 Bankr. LEXIS 3409 (Bankr. S.D. Ga., Sept. 19, 2016)
  • Walter v. Deutsche Bank Nat’l Trust Co. (In re Walter), 489 B.R. 298 (Bankr. S.D. Ga. 2012)
  • In re Jones, 339 B.R. 360 (Bankr. E.D.N.C. 2006)
  • In re Brandon, 349 B.R. 130 (Bankr. M.D.N.C. 2006)
  • In re Eagle Pine, 284 B.R. 784 (Bankr. E.D.N.C. 2001)
  • Butler v. Green Tree Fin. Servicing Corp. (In re Wester), 229 B.R. 348 (Bankr. E.D.N.C. 1998)