Local Rule RULE 3022-1: CLOSING CHAPTER 11 CASES

RULE 3022-1. CLOSING CHAPTER 11 CASES

(a) (a) Definitions For purposes of this Rule, 11 U.S.C. § 350, and Fed. R. Bankr. P. 3022, a chapter 11 case is "deemed "fully administered"" unless a matter is pending sixty (, 60) days following the entry of a final order confirming a plan of reorganization., (a) a matter is pending or (b) a trustee appointed under 11 U.S.C. § 1104 or 11 U.S.C. § 1183 continues to serve.

(b) (b) Motion for Final Decree CounselUnless otherwise provided for by the plan or the Court, the attorney for the plan proponent (or the proponent, if pro se) shall prepare and file a motion for final decree closing the chapter 11 case within sixty (60) days of the date on which it is fully administered. Preparation and filing of the motion for final decree shall be a continuing post-confirmation duty of counsel tothe attorney for the plan proponent. (or the proponent, if pro se).

(c) (c) Form of Motion for Final Decree The motion for final decree shall contain the following statements made under oath by an individual with personal knowledge:

(1) (1) that the plan has been substantially consummated in accordance with 11 U.S.C. § 1101 and the provisions of the plan and the confirmation order; that any subsequent orders of the Court have been complied with; and that the case may be closed in accordance with Fed. R. Bankr. P. 3022;

(2) (2) that the debtor, trustee, or agent has paid all administrative expenses, including Court-authorized professional compensation and costs (unless otherwise agreed in writing by the parties or unless otherwise provided for by the confirmed plan), as evidenced by an attached Exhibit ""A"" listing the names, addresses, and amounts paid to each of the recipients;

(3) (3) that the debtor, trustee, or agent has commenced making distributions prescribed by the plan, as evidenced by an attached Exhibit ""B"" listing the names, addresses, and amounts paid to each of the recipients;

(4) (4) that all remaining distributions prescribed by the plan shall be made in accordance with an attached Exhibit ""C"" listing the names, addresses, and amounts to be paid to each of the recipients; and

(5) (5) if applicable, that distributions have not been made to recipients set forth on an attached Exhibit ""D"" listing the names, addresses, and amounts tendered but returned and the reasons why payments have not been made, despite reasonable attempts.

(d) (d) Interim Report on Administration Progress If counselthe attorney for the plan proponent (or the proponent, if pro se) cannot file a motion for final decree on or before sixty (60)75 days after the entry of an order confirming the plan, counselthe attorney or proponent shall prepare and file an interim report on administration progress, describing the actions taken to consummate the plan and fully administer and close the case. The report shall contain detailed accounts, under subsectionssubsection (c)(2), (3), and (4), of all amounts paid under the plan, if any, since the entry of the confirmation order. The Court, in its discretion, may direct the filing of additional reports and/or issue an order setting forth a schedule of future reporting.

(e) (e) Service of Motion for Final Decree andor Interim Report on Administration Progress CounselThe attorney for the plan proponent (or plan proponent, if pro se) shall serve copies of anythe motion for a final decree or interim report on administration progress, together with all supporting documentation, on any committee appointed by the United States trustee, counselthe attorney to any committee, and any party whoall attorneys and parties who have filed an appearance in the case and requested service of all notices and pleadings, the United States trustee, and any other parties as the Court may direct.

(f) Objections to Motion for Final Decree Any party in interest, including the United States trustee, may object to any motion for a final decree or interim report on administration progress.

(g) Hearings The Court, in its discretion, may schedule a hearing on any motion for a final decree or interim report on administration progress or any objection thereto.

(f) (h) Entry of Final Decree The Court may enter a final decree closing the case with or without a hearing.

(i) Reopening of Case in this Rule shall be interpreted as limiting the Court's ability to reopen a case pursuant to 11 U.S.C. § 350 and Fed.