Administrative Closure of Individual’s Chapter 11 Case

If the court in an individual chapter 11 case enters an order for administrative closure of the case subject to re-opening for entry of a discharge, the Clerk shall serve L.B.F. 3022-1, Notice of Administrative Closure, on those on Matrix List of Creditors. -37- Local Rule 4001-1 Motions to Use Cash Collateral and to Obtain Credit (a) Motion. A request to use cash collateral under § 363 or to obtain credit under §364 is governed by L.B.R. 9014-3. (b) General Content of Motion. A motion to use cash collateral or to obtain credit shall contain a summary of the essential terms of the proposed use of cash collateral or of the credit terms, including: (1) the terms of adequate protection under §363(e); (2) requested priority over administrative expenses under §364(c)(1) or priority over or equal to a lien under §364(d)(1); (3) the maximum borrowing available on an interim and final basis; and (4) borrowing conditions, interest rate, maturity, events of default, and limitations on the use of funds.

(c) Identification of Certain Specific Terms. A motion to use cash collateral or to obtain credit must state whether the proposed form of order, or transactional document (including the cash collateral stipulation, if any, or loan agreement), contains any provision listed below. If so, the motion must specify the location of the provision in the proposed form of order or transactional document. (1) Provisions that grant cross-collateralization protection (other than replacement liens or other adequate protection) to the prepetition secured creditors (i.e., clauses that secure prepetition debt by post-petition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law); (2) Provisions or findings of fact that bind the estate or other parties in interest with respect to the validity, perfection or amount of the secured creditor's prepetition lien or the waiver of claims against the secured creditor; (3) Provisions that seek to waive rights the estate may have under § 506(c); (4) Provisions that grant to the prepetition secured creditor liens on the debtor's claims and causes of action arising under §§ 544, 545, 547, 548 and 549; (5) Provisions that deem prepetition secured debt to be post-petition debt or that use post-petition loans from a prepetition secured creditor to pay part or all of that secured creditor's prepetition debt, other than as provided in § 552(b); (6) Provisions that provide disparate treatment for the professionals retained by a creditors' committee from those professionals retained by the debtor with respect to a professional fee carve-out; -38- (7) Provisions regarding conditions to closing and/or borrowing, including any budget provisions; (8) Provisions regarding maturity, termination and default, including the effect of any such provisions on the automatic stay; (9) Provisions that prime any secured lien without the consent of that lienor; (10) Provisions that seek to affect the Court's power to consider the equities of the case under § 552(b)(1); (11) Provisions for priority over administrative expenses; and (12) Any other material provisions, including “lockbox” requirements, or provisions relating to allocation of debt repayment, change of control, accountings, rights of inspection, and key covenants.