DEBTOR IN POSSESSION DUTIES

(A) A debtor-in-possession or trustee who operates a business shall file signed monthly operating reports on the applicable form and containing the information required by the United States trustee’s office, available online. (B) A debtor-in-possession in a Chapter 11 case who is an individual not engaged in business shall file signed monthly operating reports on the applicable form and containing the information required by the United States trustee’s office, available online. (C) The monthly operating reports shall be filed no later than the twenty-first (21st) day of each month commencing with the month following the filing of the petition and shall reflect all transactions during the immediately preceding month. (D) The attorney for the debtor-in-possession shall not be required to sign the monthly operating reports or file any notice of their filing.

(E) The debtor-in-possession or trustee in a Chapter 11 case shall file the original monthly operating report with the Clerk and serve a copy of the report upon the United States trustee, the members of the creditors’ committee, if one has been appointed, the attorney for the creditors' committee, if one has been employed, and such other person or persons as the Court may from time to time direct. The debtor-in-possession in 22 Chapter 12 and Chapter 13 business cases shall serve a copy of the report upon the case trustee, the United States trustee and upon such other person or persons as the Court may from time to time direct. (F) In Chapter 12 cases the debtor shall sign and file this Court’s approved form for monthly cash receipts and disbursements, available online. The debtor shall file the original with the Clerk and provide a copy to the Chapter 12 Trustee and the United States trustee beginning with the filing of the bankruptcy petition and ending when the payments under the Plan are complete.

The reports shall be filed no later than the twenty- first (21st) day following the end of the month and shall include all of the debtor's receipts 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. (G) Failure to comply with this rule may be grounds for conversion to Chapter 7, if permitted by law, or for dismissal of the case.

Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes, including standardizing references to the United States trustee and references 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 the United States trustee monthly operating reports for Chapter 11 cases and Local Form 12-10 (Monthly Cash Receipts & Disbursements) for Chapter 12 cases, which forms qualify as monthly operating reports within the meaning of subdivision (A) of this rule. 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.

Subdivisions (A), (B), and (F) are amended to maintain a consistent style for references to the court’s website. Subdivision (F) is also amended to extend the time for filing the reports from the 15th day to the 21st day following the end of the month, consistent with Chapter 11 practice. 23 RULE 2015-2 CHAPTER 7 TRUSTEE EXPENDITURES (A) Chapter 7 Trustee’s Limited Authority to Expend Funds for Administrative Expenses. Chapter 7 trustees may incur and pay expenses directly related to the administration of the estate not to exceed $500 in the aggregate without order of the Court.

The Trustee’s Final Report shall itemize all expenses incurred and paid during the administration of the estate and shall be subject to review by the Court. (B) Bank Servicing Fees. A trustee may pay bank servicing fees to the extent authorized by the Uniform Depository Agreement that exists between the bank used by the trustee as a depository for estate funds and the United States trustee. These fees may be assessed against the trustee’s bankruptcy accounts.

(C) Court Filing Fees. A trustee may pay any unpaid filing fees to the Court without order of the Court. 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 This new rule is intended to offer flexibility to Chapter 7 Trustees by permitting Chapter 7 Trustees to pay minor expenses and filing fees without obtaining a court order.

Subdivision (A) can be analogized to a per- case line of credit (the credit being authority to pay without prior court approval) that must be refreshed by eventually obtaining a court order authorizing any such transfers or approval of a trustee’s final report. 24 RULE 2015-3 CHAPTER 7 TRUSTEE - NOTICE OF DISPOSITION OF RECORDS Except with respect to the disposal of patient records pursuant to 11 U.S.C. § 351, the trustee in Chapter 7 cases, in addition to complying with the applicable requirements of the United States trustee’s Handbook for Chapter 7 Trustees, shall give thirty (30) days’ written notice to the debtor, the debtor’s attorney, the Internal Revenue Service, and the United States trustee prior to destroying any of the debtor’s books and records in the trustee’s possession. Advisory Committee Notes 2023 Amendment This new rule mirrors Middle District of Florida Bankruptcy Local Rule 2015-3 and is added to improve consistency between the districts while providing a specific process for record destruction. This amended rule also includes stylistic changes for purposes of internal consistency.