DEBTOR IN POSSESSION DUTIES

Rule No: 
2015-1

 

(a)    Chapter 11 Monthly Financial Reports.  A chapter 11 debtor in possession or trustee shall file with the court and serve a monthly financial report on counsel for any committees elected or appointed pursuant to the Bankruptcy Code, or if a committee has no counsel, on each member of the committee.  Each report shall be due by the 14th day of the subsequent month and, except as otherwise ordered by the court, shall include the following:

                         (1)          balance sheet;

                         (2)          income statement or profit and loss statement;

                         (3)          statement of cash receipts and disbursements;

                         (4)          statement of accrued receivables, including disclosure of amounts considered to be uncollectible;

                         (5)          statement of post-petition accrued payables, including professional fees, United States trustee quarterly fees, and listing the name of each creditor and the amounts owing and remaining unpaid for over 30 days;

                         (6)          tax disclosure statement listing post-petition taxes due or tax deposits required, the name of the taxing agency, the amount due, the date due, and an explanation for any failure to make such payments or deposits;

                         (7)          compensation statement disclosing the amount of compensation paid to all insiders, as defined in 11 U.S.C. § 101(31);

                         (8)          monthly bank statements for any debtor in possession bank accounts, as received;

                         (9)          statement of all transactions between the debtor and an affiliate, as defined in 11 U.S.C. § 101(2).

(b)          Other Reporting Requirements. The chapter 11 debtor in possession or chapter 11 trustee shall serve copies of the following on the United States trustee and any committee:

                         (1)          the debtor's federal income tax returns. The debtor in possession shall provide the most recently filed return within 14 days after the entry of the order for relief, and its returns for each subsequent year whenever such returns are submitted to the Internal Revenue Service;

                         (2)          proof of insurance covering estate assets and liability, if applicable.  The debtor in possession shall provide initial proof of insurance within 7 days after entry of the order for relief and proof of insurance renewals thereafter as obtained; and

                         (3)          monthly bank statements for any debtor in possession bank accounts, as received.

(c)          Projected Budget for Individual Chapter 11 Debtor.  An individual debtor in possession shall file a projected budget of income and expenses for the six month period following the petition date within 14 days after entry of the order for relief.

(d)          Insurance.  If the debtor in possession fails timely to provide the United States trustee with proof of insurance or insurance renewal, the United States trustee may move to convert or dismiss the case on 7 days’ notice to the debtor, parties who have requested notice, and any committee, unless the court allows a shorter period on a showing of exigent circumstances.

(e)          Chapter 11 Post-Confirmation Reports.  If an application for a final decree has not been filed within 3 months after confirmation of a chapter 11 plan, then the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, shall file a post-confirmation report within 3 months after entry of the order confirming the plan of reorganization, and every 3 months thereafter until a final decree has been entered.  The post-confirmation report shall disclose progress of the plan toward consummation and shall include the following:

                         (1)          a summary, by class, of amounts distributed or property transferred to each recipient under the plan, and an explanation of the failure to make any distributions or transfers of property under the plan;

                         (2)          the plan proponent’s projections as to the debtor in possession’s continuing ability to comply with the terms of the plan;

                         (3)          a report of any pending or anticipated litigation, including the nature of each matter, the parties involved, and an estimated date when the matter will be resolved;

                         (4)          a description of any other factors that may materially affect the debtor in possession's ability to consummate the plan; and

                         (5)          an estimated date when an application for final decree will be filed with the court.