Member Spotlight: Kristin Mihelic

By Drew Craig*

Kristin Mihelic

Why do we have confidence in the bankruptcy system? Put simply, it is because of Kristin Mihelic and attorneys like her at the Office of the U.S. Trustee. Kristin is an example of how lawyers can serve as a bulwark for fairness during contentious proceedings. The San Diego FBA is excited to feature Kristin in this month’s attorney spotlight.

Growing Where You Are Planted

Kristin’s journey to the Office of the U.S. Trustee arguably began earlier than most attorneys. In the 6th grade she discovered that she loved English and writing classes. This morphed into drafting poetry and even a full-length screenplay in high school. After participating in the school debate team, she knew that law school was the perfect place to combine her passion for writing with her talent for verbal expression.

Kristin continued this trend of fully applying herself to the task at hand during her job search

after law school. After clerking for two years for Judge Fred Geiger in Lake County, Illinois,

Kristin applied for civil litigation associate positions in Chicago and soon accepted a position. At

the time in the early 2000s, bankruptcy practice was heating up due to several “mega cases.”

These included the collapse of Enron and the last gasp of pre-internet department store chains.

As a result, this is where her firm needed her. Kristin threw herself into the work and fell in love

with it.

Office of the U.S. Trustee

After several years of bankruptcy practice in a big firm setting, and then at a boutique, Kristin

applied for and accepted an opportunity with the Office of the U.S. Trustee in 2011 in Illinois.

When an opportunity to transfer to the San Diego office arose, Kristin knew that her winter

months would be much more enjoyable in Southern California. By this point, Kristin was a

seasoned bankruptcy attorney, so her arrival provided an immediate positive impact to the local

bankruptcy bar.

To best describe Kristin’s work in San Diego, it’s first worth explaining the mission of the Office

of the U.S. Trustee, as told by Kristin. As a component of the Department of Justice, the U.S.

Trustees Office serves as the “watchdog of the bankruptcy system” by promoting transparency

for all stakeholders. The Office of the U.S. Trustee does this by participating as a third party in

the bankruptcy system. This includes analyzing pleadings for fraud or abuse, reviewing

disclosures, raising objections or comments to filings by the parties, and supervising chapter 11

proceedings. With standing under the Bankruptcy Code to raise any issue, the Office of the U.S.

Trustee has several tools at its disposal to accomplish this mission. The Office can file

adversary proceedings to deny debtors a discharge, request that parties produce documents or

be subject to oral examination under oath, and negotiate with the stakeholders in a bankruptcy

proceeding.

This third-party review is a bit different from the two-sided adversarial proceedings typically

seen in civil or criminal litigation, but it is invaluable to ensuring a fair and transparent process.

Given the high stakes nature of bankruptcy, the business community must have confidence in

the system and that all debts will be fairly and lawfully allocated. The only way to maintain this

confidence is through rigorous pursuit of the truth from attorneys like Kristin at the Office of the

U.S. Trustee. For example, Kristin has prosecuted many objections to discharge, with the result

being that dishonest debtors are forever prohibited from discharging their debts in a bankruptcy

case. Kristin’s response to the recent reduction in the federal workforce has been to take the

increased workload in stride because she knows that the American people are counting on her.

Advice for Newer Attorneys in San Diego

Reflecting on a career in bankruptcy, Kristin has several prescient pieces of advice for new

attorneys. First, bankruptcy is not always the most sought out practice area, but it is incredibly

interesting. Bankruptcy practice is a hybrid between commercial litigation, deal making, and

whatever the specific industry is involved with the bankruptcy filing. This means that every case

is something new and involves a wide range of skills. Next, Kristin recommends that new

bankruptcy lawyers learn as many different bankruptcy chapters as possible. This diversity of

experience allows attorneys to draw on different perspectives when facing a new issue and

prevents them from being siloed into a singular type of bankruptcy filing. Additionally,

bankruptcy practice ebbs and flows based on the economy, and currently the San Diego

bankruptcy bar is undergoing a period of change because of that. Many excellent bankruptcy

attorneys are retiring or joining the bench, and so opportunities abound for those seeking to

specialize in bankruptcy.

Lastly, Kristin points out that the San Diego bar, and especially the local bankruptcy bar, are

among the best in the nation. The bankruptcy bar is a very small group, which can make it more

informal, but it is rewarding to work with repeat players. This makes one’s professional

reputation especially important. The good news is that as a Ninth Circuit lawyer representative,

an adjunct professor at University of San Diego, and during a stint as a Special Assistant U.S.

Attorney, Kristin has seen firsthand the quality of lawyers practicing in San Diego. Anyone with a

positive attitude and a solid work ethic will fit right in.

Kristin is especially thankful for her involvement in the San Diego FBA in allowing her to plant

roots in our legal community. She highly recommends the CLE programs offered by the FBA,

and her favorite event is the Judith Keep Seminar. These events showcase what makes the San

Diego bar special and allow for attorneys to coalesce around the ideas that ensure confidence

in the legal profession.

Kristin is a service-oriented lawyer committed to making a difference. Like many attorneys

who work at the Office of the U.S. Trustee, Kristin makes San Diego a wonderful place to live

and practice. We thank Kristin for her service to the community and look forward to seeing her

at the next FBA event.

*Drew Craig is a member of the San Diego Chapter of the Federal Bar Association, a term law clerk to the Hon. Michael Hawkins of the Ninth Circuit, and an incoming associate to Jones Day San Diego.