News

To the Members of the Bar:

Effective immediately, Wayne County will permit the payment of delinquent property taxes to be paid through the Debtors’ Plan.   The interest rate to be paid Wayne County is 0%.

Please ensure that the creditor is listed as follows:

                Wayne County Treasurer

                Attn:   Bankruptcy Clerk

                301 E. Main St, Suite 201

                 Fairfield IL 62837

The procedures for both scheduling and addressing the claim in the plan are identical to those for the other counties allowing payment of delinquent real estate taxes, and can be found on my website under the “News” section.  You will also find the applicable address and interest rate information requested by the participating counties. 

Note that these procedures require certain information, in a certain order/format – this is so the county will accept and may accurately apply payments received from the Trustee.   These procedures must be followed precisely or an objection will be raised. 

These procedures will be supplemented as additional counties are added.  Please reach out with any additional questions or concerns.

Regards,

Russell C. Simon

Chapter 13 Standing Trustee

Southern District of Illinois

The following was received from the Chapter 13 Trustee for SDIL - Russell Simon:

To the Members of the Bar:

Effective immediately, Marion County will permit the payment of delinquent property taxes to be paid through the Debtors’ Plan.   The interest rate to be paid Marion County is 0%.

Please ensure that the creditor is listed as follows:

                Marion County Treasurer

                Attn:   Bankruptcy Clerk

                100 E Main St    

                Salem, IL  62881

The procedures for both scheduling and addressing the claim in the plan are identical to those for the other counties allowing payment of delinquent real estate taxes, and can be found on my website under the “News” section.  You will also find the applicable address and interest rate information requested by the participating counties. 

Note that these procedures require certain information, in a certain order/format – this is so the county will accept and may accurately apply payments received from the Trustee.   These procedures must be followed precisely or an objection will be raised. 

These procedures will be supplemented as additional counties are added.  Please reach out with any additional questions or concerns.

Regards,

Russell C. Simon

Chapter 13 Standing Trustee

Southern District of Illinois

BASIL has recently been notified by Mark Skaggs from the Office of the United States Trustee's Office has advised of the following employment opportunity for Subchapter V Trustee's in bankruptcy cases.  Please see the attached Notice of Recruitment."

SOLICITATION OF APPLICANTS TO SERVE AS SUBCHAPTER V TRUSTEES 10-25-19.pdf

"Congress passed and the President signed a law creating SubChapter 5 trustees in small business Chapter 11 cases.  The USTP is in the process of recruiting for individuals to act as the Chapter 5 Trustee.  Attached is the Notice of Recruitment that we would like BASIL to circulate amongst its members."

Mark D. Skaggs, Trial Attorney

United States Department of Justice

Office of the United States Trustee

401 Main Street, Suite 1100

Peoria, IL  61602

Phone: (309) 671-7854, ext. 226

Fax: (309) 671-7857

Email:  Mark.D.Skaggs@usdoj

Sincerely,

BASIL

BASIL has recently been advised of a bankruptcy learning opportunity in St. Louis, MO.

We have been advised of a very special program which will be held on October 24, 2019 at Washington University School of Law where at least at least 20 federal judges are scheduled to appear in St. Louis.  

Law students and lawyers are invited to an upcoming diversity symposium on October 24, 2019, Roadways to the Federal Bench: Who Me? A Bankruptcy Judge?

Note the registration for the event will close on October 17^th so please sign up and encourage any law students you may know to do the same.

Date: October 24, 2019

Time: 3:00 p.m. – 5:00 p.m. CST

Place: Washington University School of Law

1 Brookings Dr. – Anheuser-Busch Hall

St. Louis, MO 63130

The link to sign up is as follows:

https://www.uscourts.gov/judges-judgeships/about-federal-judges/event-registration-roadways-federal-bench-who-me-bankruptcy-judge

Judges who are scheduled to participate include the following:

1. Chief Judge Lavenski Smith, 8^th Circuit Court of Appeals, Little Rock, AR
2. Judge Duane Benton, 8^th Circuit Court of Appeals, Kansas City, MO
3. Judge Ray Gruender, 8^th Circuit Court of Appeals, St. Louis, MO
4. Chief Judge Rodney Sippel, District Judge, Eastern District of Missouri, St. Louis, MO
5. Judge John Ross, District Judge, Eastern District of Missouri, St. Louis, MO
6. Judge Audrey Fleissig, District Judge, Eastern District of Missouri, St. Louis, MO
7. Judge Henry Autrey,  District Judge, Eastern District of Missouri, St. Louis, MO
8. Judge Ronnie White, District Judge, Eastern District of Missouri, St. Louis, MO
9. Judge Stephen Clark, District Judge, Eastern District of Missouri, St. Louis, MO
10. Judge Jean Hamilton, Sr. District Judge, Eastern District of Missouri, St. Louis, MO
11. Judge Charles Shaw, Sr. District Judge, Eastern District of Missouri, St. Louis, MO
12. Judge Richard Webber, Sr. District Judge, Eastern District of Missouri, St. Louis, MO
13. Judge Catherine Perry, Sr. District Judge, Eastern District of Missouri, St. Louis, MO
14. Judge Carol Jackson (Ret.), District Judge, Eastern District of Missouri, St. Louis, MO
15. Judge Stephen Bough, District Judge, Western District of Missouri, Kansas City, MO
16. Chief Judge Sara Darrow, District Judge, Central District of Illinois, Davenport, IA
17. Chief Judge Nancy Rosenstengel, District Judge, Southern District of Illinois, East St. Louis, IL
18. Judge Staci Yandle, District Judge, Southern District of Illinois, East St. Louis, IL
19. Chief Judge Kathy Surratt-States, Bankruptcy Judge, Eastern District of Missouri, St. Louis, MO
20. Judge Sketch Rendlen, Bankruptcy Judge, Eastern District of Missouri, St. Louis, MO
21. Chief Judge Cynthia Norton, Bankruptcy Judge, Western District of Missouri, Kansas City, MO
22. Judge Mary Gorman, Bankruptcy Judge, Central District of Illinois, Springfield, IL
23. Chief Judge Laura Grandy, Bankruptcy Judge, Southern District of Illinois, East St. Louis, IL
24. Judge John Bodenhausen, Magistrate Judge, Eastern District of Missouri, St. Louis, MO
25. Judge Patricia Cohen, Magistrate Judge, Eastern District of Missouri, St. Louis, MO
26. Abbie Crites-Leoni, Magistrate Judge, Eastern District of Missouri, Cape Girardeau, MO
27. Judge Willie Epps, Magistrate Judge, Western District of Missouri, Jefferson City, MO

Sincerely,

BASIL

To the Members of the Bar:

Effective immediately, Clinton County will permit the payment of delinquent property taxes to be paid through the Debtors’ Plan.   The interest rate to be paid Madison County is 0%.

Please ensure that the creditor is listed as follows:

                Clinton County Treasurer

                Attn:   Bankruptcy Clerk

                850 Fairfax St    

                Carlyle, IL  62231

The procedures for both scheduling and addressing the claim in the plan are identical to those for the other counties allowing payment of delinquent real estate taxes, and can be found on my website under the “News” section.  You will also find the applicable address and interest rate information requested by the participating counties. 

Note that these procedures require certain information, in a certain order/format – this is so the county will accept and may accurately apply payments received from the Trustee.   These procedures must be followed precisely or an objection will be raised. 

These procedures will be supplemented as additional counties are added.  Please reach out with any additional questions or concerns.

Regards,

Russell C. Simon

Chapter 13 Standing Trustee

Southern District of Illinois

618-277-0086 Ext. 132

To the Members of the Bar:

Effective immediately, Madison County will permit the payment of delinquent property taxes to be paid through the Debtors’ Plan.   The interest rate to be paid Madison County is 0%.

The procedures for both scheduling and addressing the claim in the plan are identical to those for the other counties allowing payment of delinquent real estate taxes, and can be found on my website under the “News” section.  You will also find the applicable address and interest rate information requested by the participating counties. 

Note that these procedures require certain information, in a certain order/format – this is so the county will accept and may accurately apply payments received from the Trustee.   These procedures must be followed precisely or an objection will be raised. 

These procedures will be supplemented as additional counties are added.  Please reach out with any additional questions or concerns.

Regards,

Russell C. Simon

Chapter 13 Standing Trustee

Southern District of Illinois

618-277-0086 Ext. 132

BASIL has received the following notice from the Office of Russell Simon - Chapter 13 Trustee for the Southern District of Illinois:

The Chapter 13 Trustee’s office has an opening for the position of staff attorney.  If interested, please email your resume to Russell C. Simon at rsimon@simonch13trustee.com

Sincerely,

BASIL

To Members of the Bar:

Effective immediately, the Trustee will permit payment of pre-petition delinquent property taxes to the following 3 counties:

St. Clair County (to be paid with interest)

Washington County (to be paid WITHOUT interest)

Fayette County (to be paid with interest of 1.5%)

The procedures for both scheduling and addressing the claim in the plan are attached.  These procedures must be followed precisely or an objection will be raised.  You will note that these procedures require certain information, in a certain order/format – this is so the county will accept and may accurately apply payments received from the Trustee.  The Court will be issuing a General Order that a motion to deviate is not required in such a circumstance.  Please note that these counties are  considered a “governmental unit” as contemplated by the Code and subject to the governmental bar date. 

As new counties are added, we will send up a follow-up email

These procedures will be supplemented as additional counties are added.  Additionally, whether or not the counties want interest, and the amount of same (if known), will be posted on my website under the “News” tab and will be updated accordingly.  Failure to list the interest rate, if applicable, stated in these procedures will result in an objection the Plan. 

If you have any additional questions or concerns, please do not hesitate to contact my office.

RE Tax Procedure 7-26-19.docx

RS

Dear BASIL Members,

Please see the below message emailed on 1-7-19 from Russell Simon:

"All:

My office is sympathetic to those debtors whose income has been (or will be) affected by the recent government shutdown.  Should an impacted debtor receive a 45-day notice of default with regard to plan payments, and if that debtor was current with plan payments prior to the shutdown, please contact my office immediately upon receipt of such Notice to devise a resolution.  My goal is to avoid motions to dismiss and keep cases afloat until such time as the shutdown is ended.

Please contact me with any questions or concerns.

Regards,

Russell C. Simon"

Just as an FYI, attached is a link to the recent case where the Southern District Court overruled the Bankruptcy Court on the issue of after acquired asset reporting requirements for your review.

Roseberry v Simon - 18-01039-DRH SDIL Opinion 12-18-18.pdf