Bankruptcy Highlights


Mark V. Bossi
Mark V. Bossi
Bossi Receives Award

Mark V. Bossi has been chosen to receive the 2011 Michael R. Roser Excellence in Bankruptcy Award from the Missouri Bar.  The Commercial Law Committee of the Missouri Bar presents the Roser Award to an attorney who manifests the highest standards of excellence in bankruptcy practice and who has made an outstanding contribution in the field of bankruptcy practice or administration.  The award is named in honor of the late Michael R. Roser, a prominent Kansas City bankruptcy lawyer.

Bossi practices law with the firm Thompson Coburn LLP in St. Louis, where he has been practicing since 1987.  He was lead counsel in the complex Chapter 11 case involving President Casinos Inc., where his creative lawyering and persistence led to confirmation of a plan that paid all creditors in full and preserved some value for shareholders.  And Bossi has been active in his community.  He is a longtime member of the board of directors for Lighthouse for the Blind, where he has served as chairman of the board.  He also sits on the board of directors for the Lutheran Family and Children Services of Missouri.


Changes to the Federal Rules of Bankruptcy Procedure

Last April, the Supreme Court approved amendments to the Federal Rules of Bankruptcy Procedure.  The rules will take effect on Dec. 1, 2011, unless Congress enacts legislation to the contrary.  The Western District of Missouri Bankruptcy Court has already posted proposed Local Rule amendments to conform to the changes in Federal Rule 3001 and new Federal Rule 3002.1.  Watch for a general order adopting these changes. 

The amendments also require the use of new bankruptcy forms.  Changes are pending to the proof of claim form, with three new attachments (Attachment A, Supplement 1 and Supplement 2) being added to the proof of claim form. This will take effect on Dec. 1, 2011.  For details on these forms and to obtain copies, go to:  http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx


Changes in Noticing Procedures

Due to funding and budgetary issues and pursuant to direction from the Administrative Office in Washington, D.C., U.S. Bankruptcy Courts around the country will be implementing various changes in noticing procedures in upcoming months.

The first of these changes is that proof of claim forms will no longer be sent out in paper form by our court.  Previously, these forms have been attached to first meeting of creditor notices for Chapters 11, 12 and 13, and to Chapter 7 bar date notices.  However, effective this week, these notices will include a reference to the federal forms website where creditors and attorneys can obtain a copy of a claim form or complete a fillable PDF claim form. 

The court will be looking at other ways to reduce noticing costs while continuing to meet legal requirements and preserving the most important informational notices.  With these goals in mind, the court hopes to reduce costs in ways that will be the least disruptive to bankruptcy practice and that will enable us to preserve essential programs from budget cutbacks.


Notice of Amendment to Local Rules

The U.S. Bankruptcy Court posted an amendment to its Local Rules. This amendment would change to court's signature and document retention rules and administrative procedures to achieve the following goals:

  1. Ensure debtors have consented to amendments to bankruptcy documents.
  2. Remove burdensome document retention requirements if certain procedures are used.
  3. Permit technology to electronically capture signatures.

To view the proposed amendments, visit http://www.mow.uscourts.gov/bankruptcy/announce/2011_debtor_sig_changes_exp_notes.pdf

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