Bankruptcy Court Highlights

Michael R. Roser Excellence in Bankruptcy Award

Nominations are now being taken for the Michael R. Roser Excellence in Bankruptcy Award. This award honors both the recipient and the memory of prominent Kansas City Bankruptcy Attorney Michael R. Roser. The Honorable Jerry W. Venters, former recipient of this award, believes that “the Roser Award is an especially significant award because the recipient is selected by his or her peers in the bankruptcy practice, and by the judges who observe the recipient's contributions to the profession and his or her legal skills, integrity and work on behalf of the bankruptcy legal community.  In my view, there can be no higher compliment."

Each year since 1994, the Commercial Law Committee of the Missouri Bar gives the
Michael R. Roser Excellence in Bankruptcy Award to honor an attorney who demonstrates the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contribution in the field of bankruptcy administration or practice in the state of Missouri.

Nominations are received each year from attorneys throughout the state. Previous
recipients of the award are: Paul E. Berman, David A. Lander, Joel Pelofsky, Timothy J. Mullin, Paul H. Berens, Mark A. Shaiken, Francis X. Buckley, Jr., Cynthia F. Grimes, Mendel Small, Robert J. Blackwell, Steven N. Cousins, Carol Chazen Friedman, Diana S. Daugherty and The Honorable Jerry W. Venters. 

If you wish to nominate an individual, send information no later than Aug. 2, 2010, by e-mail to: 
kathy_surratt-states@moeb.uscourts.gov.  Or by regular mail to:

Michael R. Roser Excellence in Bankruptcy Award
c/o Honorable Kathy A. Surratt-States
111 S. Tenth St., 7th Floor North
St. Louis, MO 63102

In your nomination of a candidate, please address specifically his/her activities in the areas of bankruptcy practice, other law practice, bar activities, as well as any other factors or characteristics that you believe the committee should consider in selecting the recipient.

Revised Bankruptcy Local Rules

Notice of Proposed Revision to Court Procedure When Amended Chapter 13 Plan Is Filed and a Creditor’s Objection to a Previous Plan Is Pending:

The Western District of Missouri Bankruptcy Court has adopted a 2010 General Order amending Local Rule 9060-1H, related to court hearings on Chapter 13 Plan Objections. The amended local rule is effective with court hearings on Chapter 13 Plan Objections scheduled for June 21, 2010, and after.

The general order can be viewed at: http://www.mow.uscourts.gov/bankruptcy/rules/2010_go_ct_hrg_proc_ch_13_ob.pdf

Trustee Appointments After Conversion – Procedural Change

Beginning with bankruptcy cases converted to a different chapter on July 1, 2010, the Western District of Missouri Bankruptcy Court will modify the timing of the procedure for trustee appointments and the scheduling of the first meeting of creditors. Trustee appointments and the notice to creditors of the converted first meeting date will be processed on the next business day after the entry of an order converting the case.

Trustee appointments are made at the direction of the U.S. Trustee under 28  USC 586.  The U.S. Trustee wishes to eliminate the time during which converted cases have no trustee, so as to ensure that all cases have an appointed trustee who is responsible for case assets.

Previously, the Clerk’s Office waited 12 days to schedule the first meeting of creditors, to give debtors an opportunity to meet the local rule requirement to file conversion schedules within 10 days of the conversion. Debtors able to meet this deadline and who were adding creditors could avoid the cost of filing the notice of amended schedules adding creditors (local form) because the added creditors were sent the notice of the converted first meeting date sent out by the court.

Debtors will still have 10 days to file conversion schedules. However, attorneys may wish to file conversion schedules at the time of filing a motion to convert. An estimated 50 percent of converted cases currently have conversion schedules filed prior to the actual order of conversion. If conversion schedules list added creditors, debtors can save the cost of filing the notice of amended schedules adding creditors (local form) because any added creditors will be sent the notice of the converted first meeting of creditors. This should not be construed to mean that debtors need not comply with Bankruptcy Rule 1009(a) requiring debtors to notice the amendment on any affected entity.

If you have any questions about this procedural change, please contact Roberta Kostrow at (816) 512-1818 or by e-mail at roberta_kostrow@mow.uscourts.gov.