Dear BASIL Members,

There has been a boil order issued for the Belleville/Swansea area.  However, the restaurant has been contacted and has represented that they are operational and in compliance with the boil order (due to severe cold).  We still plan on having the meeting this evening.  See you at 5 p.m.!

BASIL Officers

CH13's Filed on or After 1/1/2018 or Converted to CH 13 on or After 1/1/2018

Thursday, November 16, 2017

In all chapter 13 cases filed on or after January 1, 2018 (and in any case that converts to chapter 13 on or after January 1, 2018), the following additional language will be added to the confirmation order:

“Interests in property acquired or received after the commencement of the case:  Should the debtor(s) acquire or receive any interest in property of more than nominal value, even if such value is unknown/undetermined/unliquidated (for example, lawsuit settlement, class action settlement, worker’s compensation claim, inheritance, life insurance proceeds, etc.), debtor(s) shall immediately file the appropriate amended schedule(s) to disclose the acquisition or receipt of the same.  Absent further Order of this Court, such property, whether or not disclosed on amended schedules or otherwise, shall constitute disposable income, the value of which must be paid into the debtor(s)’ plan as a payment under the plan for the benefit of allowed general unsecured claims.”

Please be aware that a recent Order entered by the US Bankruptcy Court of SDIL on November 16, 2017 by Laura K. Grandy will require an affidavit concerning property acquired or received in Chapter 13 cases. "In any pending chapter 13 case that was filed before January 1, 2018 (or that converted to chapter 13 before January 1, 2018), the debtor(s) shall submit to the trustee an "Affidavit Concerning Property Acquired or Received Before or After the Commencement of the Case."  This affidavit shall be submitted no earlier than 4 months prior to the completion of the chapter 13 plan.  The form affidavit can be found on the Court's website at www.ilsb.uscourts.gov. ; This Order shall become effective January 1, 2018." Please log in to the court's website and download the Affidavit form if you have a chapter 13 practice in the SDIL. Thank you. BASIL

Noticing of Amended Plans
Effective December 1, 2017, the U.S. Bankruptcy Court for the Central District of Illinois will delegate noticing of all amended plans, filed in Chapter 13 and Chapter 12 cases, to debtor's counsel or debtor.  

Certificate of Service for Amended Plans
Upon the filing of an amended plan, debtor's counsel or debtor is required to notice the amended plan in accordance with the Federal Rules of Bankruptcy Procedure and file a certificate of service.  The certificate of service must be captioned properly, include the date of service, the name, the address of each party served, the method of service, and state the name of the document being served. 

The Clerk’s Office will continue to send notices of the objection deadline and confirmation hearing on amended plans to the creditors listed on the mailing matrix through the Bankruptcy Noticing Center.

Note:  Unless a party has specifically opted to receive electronic notice/service in lieu of manual notice/service, all noticing/service must be made in accordance with Federal Rule of Bankruptcy Procedure 2002.  To determine whether a party is currently on the list to receive notice/service by email in a case, electronic filers can go to the “Utilities” bar in CM/ECF, then to “Mailings...” under the “Miscellaneous” heading, and then to “Mailing Info for a Case.”  If a party is not listed on the “Electronic Mail Notice List,” then manual notice/service is required.

Click here for a sample Certificate of Service. 

From Russell Simon:

Member of the Bar –

It is with great sadness that I inform you that after 9 ½ years, Tiffany Cornejo is leaving my office.  While her loss will be difficult, I am very pleased and proud to announce that her reason for leaving is to become a Chapter 13 Standing Trustee!!!!!!!!!!!!!!!

Tiffany has worked tirelessly toward this goal and is well deserving of the position.  She will begin consulting in her new office in Albuquerque, NM on 11/1/17and assume her duties as Chapter 13 Trustee on 12/1/17.

Please join my staff and me in wishing Tiffany the best on her new endeavor. 

On a business note, Tiffany’s last working day here will be 10/20/17.  While not yet finalized, rest assured that Thom and I are working on revisions to the pre-trial schedule and will let everyone know what the changes are to the pre-trial schedule.  In the interim, if you were scheduled to pre-try with Tiffany, you will need to contact me.  My extension is 132.

Thanks.

RS 

Tim Ruppel of the United States Trustee's Office has advised of the following:

Construction will begin on the 341 Meeting Room at 650 MIssouri Avenue on Thursday, September 14, 2017.  This should last approximately three-four weeks and will require the temporary relocation of the 341 meetings.  Begining on Friday, September 15, 2017, all meetings will be conducted at the United States Courthouse, 750 Missouri Avenue at various locations, subject to availability.  The current schedule is as follows:

Friday 9.15 - Trustee Donald Samson - Visiting Judge Courtroom #7, 3rd Floor.

Tuesday 9/19 - Trustee Russell Simon - Bankruptcy Court Training Room, 3rd Floor.

Friday 9/22 - Trustee Robert Eggmann - Jury Assembly Room, 1st Floor.

Tuesday 9/26 - Trustee Russell Simon - Visiting Judge Courtroom #7, 3rd Floor.

Friday 9/29 - Trustee Donald Samson - Visiting Judge Courtroom #7, 3rd Floor.

Tuesday 10/3 - Trustee Russell Simon - Visiting Judge Courtroom #7, 3rd Floor.

Friday 10/6 - Trustee Robert Eggmann - Jury Assembely Room, 1st Floor.

*Schedule subject to change without notice.

In an effort to remain flexible, all Original 341 Meeting Notices will go out with the 650 Missouri address.  When the meetings get closer, at approximately 2 weeks prior to the meeting, the Bankruptcy Court Clerk's Office will send out a SUPPLEMENTAL NOTICE of the actual meeting location at 750 MIssouri to all parties.  Thank you Donna and staff!  If you forget this Notice will be posted on the 341 Meeting Room Door.

PLEASE ADVISE YOUR CLIENT APPROPRIATELY IN ADVANCE

Thank you for your patience and understanding.

Thank you.

Tim Ruppel

Assistant United States Trustee

Kevin Stine has provided the attached link to the flyer for the 10-5-17 ISBA CLE on bankruptcy law.  

CBB 10-5-17 flyer.pdf

An update from the Bankruptcy Court for the Central District of Illinois

New bankruptcy rules are scheduled to take effect in December 2017. Under the new rules, use of the national Chapter 13 plan form will be required, unless, after public notice and opportunity for comment, courts within a district adopt a local plan form. The United States Bankruptcy Court for Central District will be adopting a local plan form.

Click here to view a memo to Central District Bankruptcy Practitioners from Chief Judge Mary P. Gorman and Judge Thomas L. Perkins regarding the Court’s proposed local plan form and instructions for use.

Click here for the proposed local plan form.

NOTE: the proposed local plan form has not been implemented for use in Chapter 13 cases at this time. Many of its provisions are based on the anticipated changes to the bankruptcy rules that are not currently in effect. Use of the proposed local plan form for filing will be announced at a later date, following the expiration of the public comment period.

United States Bankruptcy Court Central District of Illinois Peoria Division: 309-671-7035 Springfield Division: 217-492-4551 Urbana Division: 217-974-7330

Dear BASIL Members,

Please mark your calendars to "Save the Date" for next year's seminar.  We anticipate the seminar being scheduled for Friday, April 27, 2018.  Stay tuned for further updates

Thank you.

BASIL Seminar Committee

On Tuesday, September 26, 2017 at 7:15 p.m. the Cards will be playing the Cubs (home game).  BASIL can acquire a limited number of tickets for you and your guests (family, friends, office staff, etc.) for $25 each and includes a FREE Tshirt.  These tickets are part of the "Get to know ME" program.  The seats are located in Sections 128 - 134; first come first served.

HOW to Get Tickets

For those interested please email Tiffany Cornejo at tiffanyc@simonch13trustee.com

She will need 1) how many tickets you want;  and 2) Tshirt sizes; 3) make checks payable to Belleville News Democrat or "BND".

DEADLINES

Tiffany needs your orders and checks received by August 20, 2017.  Tickets and Tshirts can be picked up at the court house - she will let you know when they are ready for pick-up.  If you have any questions, please email Tiffany.