DEBTOR IN POSSESSION DUTIES
- A debtor-in-possession or trustee who operates a business shall file signed monthly operating reports on the applicable form and containing the information required by the United States trustee’s office, available online.
- A debtor-in-possession in a Chapter 11 case who is an individual not engaged in business shall file signed monthly operating reports on the applicable form and containing the information required by the United States trustee’s office, available online.
- The monthly operating 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 operating reports or file any notice of their filing.
- The debtor-in-possession or trustee in a Chapter 11 case shall file the original monthly operating report with the Clerk and serve a copy of the report upon the United States 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 report upon the case trustee, the United States trustee and upon such other person or persons as the Court may from time to time direct.
- In Chapter 12 cases the debtor shall sign and file this Court’s approved form for monthly cash receipts and disbursements, available online. The debtor shall file the original with the Clerk and provide a copy to the Chapter 12 Trustee and the United States trustee beginning with the filing of the bankruptcy petition and ending when the payments under the Plan are complete. The reports shall be filed 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
The amended rule includes only stylistic changes, including standardizing references to the United States trustee and references to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable forms were the United States trustee monthly operating reports for Chapter 11 cases and Local Form 12-10 (Monthly Cash Receipts & Disbursements) for Chapter 12 cases, which forms qualify as monthly operating reports within the meaning of subdivision (A) of this rule.
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.