Local Rule 3022.1: FINAL DECREE IN NON-INDIVIDUAL CHAPTER 11 REORGANIZATION CASES

LBR 3022.1 FINAL DECREE IN NON-INDIVIDUAL CHAPTER 11 REORGANIZATION CASES

(a) Timing. Within 3 months after the court orders confirmation, the plan proponent must file an application for a final decree, or show cause why the final decree cannot be entered. If an application is not filed within 3 months, the plan proponent must file a status report every 6 months until entry of the final decree.

(b) Content. The application for final decree must show that the estate is fully administered and must include information concerning: (1) the date the order confirming the plan became final; (2) whether deposits required by the plan were distributed; (3) whether the property proposed by the plan to be transferred was transferred; (4) whether the debtor or successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan; (5) whether payments under the plan have commenced; (6) whether all motions, contested matters and adversary proceedings are finally resolved; (7) whether all fees due under 28 U.S.C. § 1930 are paid; (8) a summary of professional fees awarded in the case; (9) the percentage paid to unsecured creditors; and (10) other facts enabling the court to decide the provisions of the final decree.

(c) Notice. The applicant must give 28 days' notice to the following in accordance with the noticing guidelines provided by the clerk: (1) all parties requesting notice; (2) the United States trustee; and (3) any operating creditors' committee, or if none, creditors holding the largest 20 unsecured claims. * * * As amended 3/17/10, 10/17/05.