News

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

Professors Cynthia Hagan and Brook Gotberg will be speaking about a recent 7th Circuit decision Robinson v. Hagan involving the bible exemption in a bankruptcy filing -- this bible happened to be an early edition, very valuable Book of Mormon.

It's sure to be an interesting discussion, and we are seeking CLE credit for both Missouri and Illinois.

Hope to see you at SLU Law School on Friday, January 18, 2019, at 6:30 p.m.

Please see the attached flyer for more information.

January Bankruptcy CLE 1-18-19.pdf

JRCLS - St. Louis Chapter

2018-2019 Executive Board

Karla Roisum- President

Jim Layton - President Elect

Chris Smith - Treasurer

Christopher Stapley - Secretary 

***This announcement is being distributed to our members for information purposes only. The Bankruptcy Association of Southern Illinois (BASIL) is not associated with and does not endorse this or any other religious or sectarian group.

Trustee Russell Simon conducted several review sessions of the new model Chapter 13 Plan for the Southern District of Illinois.  Attached is a copy of the handout which outlines some of the changes the committee made.

Revisions to Uniform Chapter 13 Plan Handout 12-6-18.pdf

Thursday, October 18, 2018

The Court’s chapter 13 plan has been revised.  The new plan becomes effective on January 1, 2019 and must be used in all cases filed on or after that date.  The new plan can be found on the court’s website.  In cases that were filed before January 1, 2019, the same version of the plan that was in use when the case was filed should be used.

Russell Simon, Chapter 13 Trustee, will be holding instructional classes on the new plan.  Attorneys will receive notice of the dates and times for the classes.  Chapter 13 practitioners are strongly encouraged to attend.

Russell C. Simon has released the following:

"Members of the Bar –

The Court has recently approved a new Uniform Chapter 13 Plan based upon recommendations of the Chapter 13 Plan Committee.  The effective date for implementation of this new Plan shall be for all cases filed on or after January 1, 2019.  A copy of the new Plan is posted on the Court’s website.

Numerous changes have been made to our current Plan in an effort to, among other things, (i) import the language contained in our standard Confirmation Order into the Plan and (ii) minimize the need for technical objections.  Both myself and either Thom or Justin will be holding training seminars immediately after Court on Wednesday, December 5, 2018 in Benton and again on Thursday, December 6^th, 2018 in ESTL.  I encourage you to review the new plan prior to the seminars to familiarize yourself with the content.

The seminars shall not only focus on the revisions made to our Chapter 13 Plan, but will also discuss the common objections that my office has seen with our current Plan and provide some (hopefully) easy ways in which to avoid them.  Following our presentation, we will be available to discuss any other matters you wish. 

Please note that these sessions are open to both you and your staff. 

We hope to see all of you on the 5^th and/or the 6^th!"

Just a reminder to mark your calendar for the annual BASIL Seminar scheduled for Friday, April 26, 2019.  We will be at the same facility.  We will open registration next year and update the seminar page as we finalize the agenda and speakers.  If you have questions or suggestions, please let a member of your BASIL team leadership know.

Brown Bag CLE - The [ED of MO] Court will host a free CLE on Friday, August 24, 2018 on the topic of Putting Together a Successful Chapter 13 Case. Details can be found at http://www.moeb.uscourts.gov/news/brown-bag-lunch-august-24-2018

Bankruptcy Law Symposium – Registration is now open to attend the [ED of MO] Court’s First Annual Bankruptcy Law Symposium to be held on Wednesday, September 26, 2018.  This CLE is at no cost and will include a BBQ lunch. Register at http://www.moeb.uscourts.gov/news/registration-information-bankruptcy-law-symposium-september-26-2018