Debtor’s Books and Records.

U.S. Bankruptcy Court for the Northern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of California

Rule: 2015-3

Jurisdiction: NDCAB

Bluebook Citation: Bankr. N.D. Cal. ADR R. 2015-3

All Rules: Bankr. N.D. Cal. ADR Local Bankruptcy Rules, complete index


Text

(a) Voluntary Cases. In a case filed pursuant to 11 U.S.C. § 301 or § 302, the books and records of the debtor shall be closed on the day immediately preceding the day on which the petition is filed, whether or not a separate estate is created for tax purposes. Pre-petition liabilities shall be segregated and reported separately from post-petition liabilities. (b) Involuntary Cases.

In a case filed pursuant to 11 U.S.C. § 303, the books and records of the debtor shall be closed on the day on which relief is ordered or an interim trustee is appointed, whichever occurs first. Notwithstanding the foregoing, liabilities incurred before the commencement of the case shall be segregated and, in the event relief is granted, reported separately from liabilities incurred after the commencement of the case. BKR 19 (Effective May 4, 2026) 2016-1. Trustee Procedures For Payment of Certain Administrative Expenses In Chapter 7 Asset Cases.

(a) No Order Required: Payment of Expenses Up to an Aggregate of $25,000 That Are Inherent in the Appointment of a Chapter 7 Trustee. A Chapter 7 trustee may, during the course of a chapter 7 case, without further authorization from the court and subject to final authorization upon consideration of the Trustee’s Final Report, disburse amounts aggregating up to $25,000 from estate funds to pay actual and necessary expenses of the estate arising in the ordinary course of administering the estate (“Authorized Disbursal”), including but not limited to such expenses as: (1) Moving, storage, or preservation of estate assets; (2) (3) (4) (5) (6) (7) Bank charges for research or copies; Court reporting fees; Filing and process serving; Notary fees; Recording fees; Deposition/transcript fees; (8) Witness fees; (9) Locate and move assets; (10) CA Franchise Tax Board annual tax; (11) Locksmith; (12) Security services to safeguard debtor’s real or personal property; (13) Utilities; (14) Expenses related to the preparation of real property for sale, such as hauling and cleaning expenses; (15) Costs to advertise sale; (16) Insurance; (17) Rent; (18) Obligations to taxing agencies arising under 11 U.S.C. § 507(a)(2), provided the estate is and is likely to remain administratively solvent; and (19) Obligations to taxing agencies arising under 11 U.S.C. § 503(b)(1)(B), but not preconversion tax obligation; (20) Bond premiums required by 11 U.S.C. § 322(a); and (21) Charges for storage of the debtor’s records to prevent the destruction of those records and related necessary cartage costs. BKR 20 (Effective May 4, 2026) All disbursements made by the trustee pursuant to this rule must be disclosed in the Trustee’s Final Report. Applications for fees or costs filed by the trustee and by paraprofessionals employed in the case by the trustee must disclose disbursements made pursuant to this rule for which reimbursement from the estate is requested.

(b) Emergency Expenses. The trustee may exceed the Authorized Disbursal amount to pay emergency expenses, without prior court approval, to protect assets of the estate that might otherwise be lost or destroyed. If the trustee disburses more than the amounts contemplated as an Authorized Disbursal to pay emergency expenses and other expenses for which an Authorized Disbursal may be used, the trustee shall promptly file and serve a motion for approval after such expenses are paid. (c) Nonexclusive Remedy.

Nothing in this rule precludes the trustee from seeking court approval to disburse estate funds by way of a noticed motion filed and served pursuant to BLR 9014-1, and as needed, subject to a request for an order shortening time. BKR 21 (Effective May 4, 2026) PART III.

CLAIMS; DISCLOSURE STATEMENTS AND PLANS; DISCHARGE HEARINGS

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