COMMITTEES

(A) Upon appointment of a committee of creditors pursuant to 11 U.S.C. § 1102, those creditors willing to serve shall have an organizational meeting and elect a chairman who shall preside at meetings of the creditors’ committee. (B) The meetings of the creditors’ committee may be held by telephone. (C) The United States trustee shall notice the Clerk of the Bankruptcy Court of the names, addresses, email addresses, and telephone numbers of the members of the committee. If no committee is appointed, the United States trustee’s office shall notice the Clerk of the Bankruptcy Court that no committee has been appointed.

A copy of the appropriate notice shall be served upon the attorney for the debtor and the members of the committee. Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors. 2020 Amendment The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules.

Subdivision (C) is amended to require the U.S. Trustee’s Office to provide the email addresses of all Committee members to the Clerk and other interested parties, in addition to mailing addresses. 28 RULE 2081-1 CHAPTER 11 - GENERAL (A) Authority to Operate Business/Manage Financial Affairs: (1) The operation of a business by a debtor-in-possession in cases filed under Chapter 11 shall be subject to the terms and conditions of an order continuing the debtor-in-possession to be entered upon the filing of the petition or entry of the Order for Relief. The debtor-in-possession shall also deposit taxes and file tax returns in compliance with the terms of the Order to File Federal and State Employment Tax Returns and To Deposit State and Federal Taxes. (2) Individual Chapter 11 debtors not engaged in business shall be subject to the terms and conditions of the order authorizing individual debtors to manage financial affairs to be entered upon the filing of the petition or entry of the order for relief.

(3) All Chapter 11 voluntary debtors must comply with the Administrative Order Establishing Initial Procedures in Chapter 11 Cases in effect as of the date of filing the petition, order available online. (B) Post-Confirmation Matters: (1) Within twenty-one (21) days after the hearing at which the plan is confirmed, the attorney for the proponent of the plan shall submit the Order of Confirmation to the Court. Copies of the proposed order shall be served upon the United States trustee, any party in interest who filed an objection to the confirmation and to any other person designated by the Court. The proponent of the plan shall be responsible for the distribution of copies of: the Order Confirming the Plan and the confirmed plan to all creditors, the United States trustee, and other parties as may be designated by the Court.

(2) (a) In addition to the report required by Bankruptcy Rule 2015(a), in those instances where the plan requires longer than one hundred twenty (120) days for consummation, the plan proponent shall file a Confirmed Plan 29 Status Report beginning the third month after the effective date of the plan and every three (3) months thereafter. This report shall disclose any distributions made, including the amount of each distribution to creditors as identified in the plan, as well as a description of all other matters which must be consummated in order to close the estate. (b) If the plan provides for payments to any class of creditors over a period of time which is longer than one-hundred-eighty (180) days from the date of confirmation, the plan proponent shall execute an instrument evidencing the indebtedness and deliver such instrument to each creditor or other party interest. Such instrument shall provide for payment of the amount due under the plan upon the terms set forth in the plan.

Delivery of instruments shall be deemed commencement of distribution under the plan for purposes of closing the estate pursuant to 11 U.S.C. § 1101(c). Such instruments shall be delivered to creditors in each class within thirty (30) days after all objections to claims in that class have been resolved or, if there are no objections to claims in any class, then within sixty (60) days after the entry of an Order of Confirmation. Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to refer to the applicable Administrative Order, forms, and the Local Rules Links page that provides links to various Official Forms, Local Forms, and orders. 2020 Amendment The amended rule includes both stylistic and substantive changes.

The format of subdivisions is changed to maintain a consistent style across all rules. The introductory note is removed as redundant since subdivision (A)(3) requires adherence to the Administrative Order Governing Initial Procedures in a Chapter 11 case. Subdivision (A)(3) is amended to remove the reference to a specific Administrative Order, replacing it with a website link that can be maintained up-to-date more promptly than the local rules. Subdivision (B)(1) is amended to require the plan proponent to serve the confirmation order rather than the Court.

Subdivisions (B)(2)(c) and (d) have been relocated to Local Rule 3022-1. Any other changes not specifically discussed are stylistic. 30 RULE 2082-1 CHAPTER 12 - GENERAL (A) Duties of the Chapter 12 Debtor (1) At least seven (7) days before the first meeting of creditors, the debtor must provide the Chapter 12 Trustee with a summary of operations form, applicable form available online. (2) At least seven (7) days before the first meeting of creditors, the debtor must provide income tax returns for the two (2) years immediately preceding the filing of the bankruptcy petition.

(3) At least seven (7) days before the confirmation hearing, the debtor must file and provide a copy to the Chapter 12 Trustee of the Chapter 12 Plan for a three (3) year period indicating projected disposable income, and a liquidation analysis reflecting the distributions to unsecured creditors if the case proceeds as a Chapter 7. (4) The debtor shall file and provide a copy to the Chapter 12 Trustee the monthly cash receipts and disbursements form, available online, beginning with the filing of the bankruptcy petition and ending when the payments under the plan are complete. The debtor shall file this form no later than the twenty-first (21st) day following the end of the month and shall include all of the debtor's receipts and/or income, in cash or by check, received during the month. The receipts should be itemized by kind, quantity, and dollar amount.

All expenses paid in cash or by check should be itemized. (5) Within sixty (60) days after the end of a calendar year (or fiscal year), the debtor must provide the following to the Chapter 12 Trustee: Internal Revenue Service Form Schedule 1040 F together with all supporting schedules of Schedule F, and Form 4835, for any part of the calendar or taxable period ending after the date on which the Chapter 12 petition was filed. The Schedule F and Form 4835 must report all income and all expenses to the end of the calendar (or fiscal) year. 31 (6) All payments to the Chapter 12 Trustee shall be in the form of a cashier’s check or money order.

(B) Pre-Confirmation Matters in Chapter 12 (1) In all cases filed under Chapter 12, the debtor shall file a statement which contains “adequate information” about: (a) the debtor's ability to make all of the payments under the plan and to comply with the plan, (b) the financial condition of the debtor, including assets and liabilities of the debtor as well as the income and expenses of the debtor for the preceding calendar year, (c) the value of any property of the estate, whether being retained by the debtor or surrendered, which is subject to a lien or security interest as well as a description of the basis for such value, (d) an analysis of the amount which would be received by unsecured creditors if the estate of the debtor were to be liquidated under Chapter 7 of Title 11, and (e) a projection of the net disposable income of the debtor for the term of the plan. (2) For purposes of this rule, "adequate information" shall mean information of a kind, and in sufficient detail, as far as reasonably practicable in light of the nature and history of the debtor and the condition of the debtor's books and records, that will enable creditors and the trustee to make an informed judgment about confirmation of the plan. (3) In a Chapter 12 case, the pre-confirmation statement shall be filed upon the filing of a plan. Copies of the pre-confirmation statement shall be served upon all creditors, the trustee, the United States trustee, and other persons who have requested notice pursuant to Bankruptcy Rule 2002.

(4) All Chapter 12 individual debtors shall file with the Court and serve on the Chapter 12 Trustee a certification that the debtor has paid all amounts to be paid under a domestic support obligation that first became payable after the date of the filing of the Chapter 12 petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification stating that the debtor is not required to pay said amounts. The applicable form is available online. 32 (C) Local Rules 2081-1(B) and 3022-1 shall apply in Chapter 12 cases.

Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes for purposes of internal consistency. This amended rule also includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable forms were Local Forms 12-9 (Summary of Operations - Family Farmer), 12-10 (Monthly Cash Receipts & Disbursements), 12-13 (Pre-Confirmation Statement Regarding Individual Debtor’s Domestic Support Obligations and Filing of Tax Returns, as Applicable, pursuant to Code and Rule Requirements), and 12-37 (Statement/Certification Regarding Requirements for Discharge in a Chapter 12 Case). 2020 Amendment The amended rule includes both stylistic and substantive changes.

The format of subdivisions is changed to maintain a consistent style across all rules. Former Subdivisions (A)(1), (A)(3), and (B)(4) are amended to maintain a consistent style for references to the court’s website. Former subdivision (A)(1) is divided into two subdivisions to separate the Summary of Operations and Income Tax Returns provisions. Former subdivision (A)(3) is further amended to extend the time for filing the reports from the 15th day to the 21st day following the end of the month, to be more consistent with Chapter 11 practice.

Subdivision (C) is amended to conform to the separation of Rules 2081-1 and 3022-1. Other changes are stylistic and are not intended to effect a substantive change.