DEBTOR IN POSSESSION DUTIES
- A debtor-in-possession or a trustee who operates a business shall file signed monthly financial reports in the form and containing the information as set forth by the Office of the U.S. Trustee, available at www.flnb.uscourts.gov through a link to the U.S. Trustee Region 21 Forms Page.
- A debtor-in-possession in a Chapter 11 case who is an individual not engaged in business shall file signed monthly financial reports in the form and containing the information as set forth by the Office of the U.S. Trustee, available at www.flnb.uscourts.gov through a link to the U.S. Trustee Region 21 Forms Page.
- The monthly 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.
- The attorney for the debtor-in-possession shall not be required to sign the monthly financial reports or file any notice of their filing.
- The debtor-in-possession or trustee in a Chapter 11 case shall file the original monthly financial report with the Clerk and serve a copy of the reports and financial statements upon the U.S. 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 Chapter 12 and Chapter 13 business cases shall serve a copy of the reports and financial statements upon the trustee, the U.S. Trustee and upon such other person or persons as the Court may from time to time direct.
- In Chapter 12 cases the debtor shall file signed Monthly Cash Receipts and Disbursements Statements as set forth by the Office of the U.S. Trustee and available at www.flnb.uscourts.gov. The debtor shall file the original with the Clerk and provide a copy to the Chapter 12 Trustee and the U.S. Trustee beginning with the filing of the bankruptcy petition and ending when the payments under the Plan are complete. The reports shall be filed by the debtor 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.
- 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
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.