PERIODIC REPORTING REQUIREMENTS IN CHAPTER 11 CASES

OTHER THAN SMALL BUSINESS CASES AND SUBCHAPTER V CASES.

(a) Chapter 11 Cases Other than Small Business Cases and Subchapter V Cases. Debtors in possession and trustees in cases in which the debtor is not a small business debtor (as defined in 11 U.S.C. § 101(51D), or subchapter V debtor (as defined in 11 U.S.C. § 1182), must file reports in compliance with this Rule and any requirements established by the United States Trustee until the effective date of a confirmed plan or an order is entered dismissing or converting a case to another Bankruptcy Code chapter. (1) Mandatory Form. Monthly operating reports (MORs) must be filed using the mandatory data-enabled form adopted by the United States Trustee, without alteration.

(A) The mandatory MOR form and instructions for its use are available at . https://www.justice.gov/ust/chapter-11-operating-reports (B) MORs must be filed through the court’s CM/ECF system. (2) Jointly Administered Cases. Each debtor in jointly administered cases must file separate monthly reports on a nonconsolidated basis consistent with any requirements set forth by the United States Trustee. 21 LBR 2015-2 (3) Filing Deadline.

The MOR for each month must be filed by no later than the 21st day of the following month. (4) Service. At the same time they are filed, MORs must be served on: (A) the United States Trustee; (B) any official committee appointed under 11 U.S.C. § 1102; (C) any governmental unit responsible for collecting or determining any tax arising out of the bankruptcy estate’s operation; (D) any party in interest requesting to be served; and (E) any other party the court orders to be served. (b) Postconfirmation Reports.

In all chapter 11 cases other than small business cases or cases proceeding under subchapter V, the reorganized debtor or any other party authorized to administer the confirmed plan must file quarterly postconfirmation reports (PCRs) using the appropriate mandatory form until a final decree is entered or the case is dismissed or converted to another Bankruptcy Code chapter. (1) Mandatory Form. PCRs must be filed using the mandatory data-enabled form adopted by the United States Trustee, without alteration. (A) The mandatory PCR form and instructions for its use are available at https://www.justice.gov/ust/chapter-11-operating-reports.

(B) PCRs must be filed through the court’s CM/ECF system. (2) Jointly Administered Cases. Each reorganized debtor and any other party authorized to administer the confirmed plan in jointly administered cases must file separate postconfirmation reports on a nonconsolidated basis consistent with any requirements set forth by the United States Trustee. (3) Filing Deadline.

The PCR for each quarter must be filed by no later than the 21st day of the month following the end of the calendar quarter covered by the report. (4) Service. At the same time they are filed, PCRs must be served on: (A) the United States Trustee; (B) any governmental unit responsible for collecting or determining any tax arising out of the reorganized debtor’s operation and administration of the confirmed plan; (C) any party in interest requesting to be served; and 22 LBR 2015-3 (D) any other party the court orders to be served. (c) (d) Scanned signatures must be in attachments, not in the forms themselves.

Holographic signatures and their retention are governed by Local Rule 9011-1, except that scanned holographic signatures must be filed as separate attachments to the MOR and PCR forms, just like certain financial information is filed as separate attachments. Violating this rule by including scanned signature pages within the same document as MORs and PCRs will negate the data-enabled functions of those forms and may subject the filer to sanctions. The filed MORs and PCRs themselves must be signed by placing “/s/” on the signature line followed by the typed name of the signor. Counsel for the debtor must retain the holographic signatures for five years.

Unrepresented debtors must deliver their holographic signatures to the Office of the United States Trustee. Duties Upon Conversion to Chapter 7. Upon entry of an order converting a case to one under chapter 7, the debtor in possession, chapter 11 trustee, or subchapter V trustee in possession, if any, must, in addition to complying with those duties set forth in FRBP 1019: (1) Secure, preserve and refrain from disposing of property of the estate; (2) Contact the chapter 7 trustee and arrange to deliver property of the estate and all books and records to the trustee or the trustee’s designated agent; and (3) Within 7 days after entry of the conversion order, file and serve upon the United States trustee and the chapter 7 trustee, a verified schedule of all property of the estate as of the conversion date.