PRECONFIRMATION REQUIREMENTS FOR SUBCHAPTER V

DEBTORS, DEBTORS IN POSSESSION, AND TRUSTEES (a) (b) Applicability. This LBR only applies to cases proceeding under subchapter V of chapter 11 of the Bankruptcy Code. Subchapter V Status Report. days before the date of the first-scheduled status conference, the debtor must: Unless otherwise ordered by the court, not later than 14 (1) Meet and confer with the Subchapter V Trustee and any creditor asserting a secured claim regarding assurances that any allowed fees and expenses of the trustee will be paid, including any initial or monthly retainer and an proposed carve out from the collateral securing the creditor’s claim; (2) File a completed Subchapter V Status Report, local form F 2015- 3.1.SUBV.STATUS.RPT, executed by both the debtor and the debtor’s counsel, if any, which must include, in the section addressing any additional information the debtor wishes to disclose to the court, any request by the trustee for any retainer or other assurances of payment, and the position of the debtor and of any secured creditor as to such retainer or other assurances; and (3) Serve a copy of the Subchapter V Status Report on the trustee, the United States trustee, and all parties in interest. 23 LBR 2016-1 (c) Monthly Operating Reports.

The debtor must file with the court timely subchapter V monthly operating reports (“MORs”) on the appropriate Official Form (Official Form B 425C) required by section 308 of the Bankruptcy Code and in accordance with the timing requirements of FRBP 2015(a)(6). If the debtor is removed as debtor in possession, the obligation to file MORs shall be the obligation of the subchapter V trustee in possession, unless the court orders otherwise. LBR 2090-1. (d) (e) Upon written motion pursuant to LBR 9013-1, filed by a party Complete Inventory. in interest, including the subchapter V trustee, the court may direct the debtor to file a complete physical inventory of the debtor’s property as of the date (1) the petition was filed, or (2) the case was converted to chapter 11, subchapter V. Subchapter V Trustee’s Estimate of Fees and Expenses.

Unless otherwise ordered by the court, not later than 14 days before the deadline to file any proposed plan, the Subchapter V Trustee must: (1) file a completed Notice of Subchapter V Trustee’s Estimated Fees and Expenses for Purposes of Plan Confirmation, local form F 2015- 3.2.SUBV.TRUSTEE.FEE.EST; and (2) serve a copy of the Subchapter V Trustee’s Estimated Fees and Expenses on the debtor, counsel for the debtor, and the United States trustee.