Local Rule RULE 3022-1: Chapter 11 Case Closings.

RULE 3022-1. Chapter 11 Case Closings.

(a) Chapter 11, Subchapter V Proceedings

(1) Confirmation under 11 U.S.C. § 1191(a). Unless extended by the Court, the debtor shall file a motion in conformity with Mont. LBF 13 within (i) 60 days of entry of the Order of Confirmation of the plan or (ii) 60 days of the resolution of all motions, contested matters, and adversary proceedings, whichever is later, unless such 60-day period is extended by the Court. The motion shall be served on all creditors, the trustee, the United States trustee, and all parties in interest and shall function as the "notice of substantial consummation" required by 11 U.S.C. § 1183(c). The Court may immediately grant the motion as provided in Mont. LBR 9013-1(i)(2)(V).

(2) Confirmation under 11 U.S.C. § 1191(b). The party responsible for making plan payments under a plan confirmed pursuant to 11 U.S.C. § 1191(b) shall file a notice with the Court upon completion of all required plan payments. The notice shall include a description of the total amount of payments made to each creditor under the plan. Unless extended by the Court, the debtor shall file a motion in conformity with Mont. LBF 13 within (i) 60 days of entry of discharge or (ii) 60 days of the resolution of all motions, contested matters, and adversary proceedings, whichever is later. The motion shall be served on all creditors, the trustee, the United States trustee, and all parties in interest and the Court may immediately grant the motion as provided in Mont. LBR 9013-1(i)(2)(V).

(b) Chapter 11, Non-Subchapter V Proceedings

(1) Non-Individual Debtors. Unless extended by the Court, the debtor shall file a motion in conformity with Mont. LBF 13 within (i) 60 days of the Effective Date of the plan or (ii) 60 days of the resolution of all motions, contested matters, and adversary proceedings, whichever is later. The motion shall be served on all creditors, the trustee, the United States trustee, and all parties in interest and the Court may immediately grant the motion as provided in Mont. LBR 9013-1(i)(2)(V).

(2) Individual Debtors

(A) Closing. After the entry of the Order of Confirmation of the plan and the disposition of all pending contested matters, individual debtors may file a motion to close the chapter 11 case.

(B) Reopening the Case for the Purpose of Obtaining Discharge and a Final Decree. The debtor may move to reopen the case for the purpose of obtaining a discharge and pay the associated fee (https://www.mtb.uscourts.gov/court-info/local-rules-and-orders) and move for entry of a final decree after the completion of all payments under the plan, or for the purpose of seeking a hardship discharge. Once the case has been reopened, the debtor may request entry of a discharge via a motion that shall include a description of the total amount of payments made to each creditor under the plan. All creditors, parties in interest, and the United States trustee shall be provided at least fourteen (14) days' notice and the opportunity to object to such a motion for discharge.

Unless extended by the Court, the debtor shall file a motion in conformity with Mont. LBF 13 within 60 days of entry of discharge. The motion shall be served on all creditors, the trustee, the United States trustee, and all parties in interest and the Court may immediately grant the motion as provided in Mont. LBR 9013-1(i)(2)(V).

(C) Effect of Final Decree on Court's Right to Enforce and Interpret its Orders. A final decree closing a case after the estate is fully administered does not affect the right of the court to enforce or interpret its own orders.

(D) Failure of a Debtor to File Motion for Final Decree. In the event a debtor does not file a Motion for Final Decree in a Chapter 11 Case as required by this Local Bankruptcy Rule, nothing herein is intended to prevent a party in interest or the Court from moving for the entry of a final decree closing a case after an estate is fully administered in a chapter 11 reorganization case, consistent with Fed. R. Bankr. P. 3022. Any such motion shall be served on the debtor in addition to the trustee, United States trustee, and all parties in interest.

Related Authority: 11 U.S.C. §§ 350(a) and 1141(d)(5) Fed. R. Bankr. P. 3022 Comment: Section 28 U.S.C. § 1930(a)(6) was amended on January 27, 1996, to provide that quarterly fees due to U.S. Trustee in a Chapter 11 case are payable after confirmation of a plan until the case is closed by the Court, and interest accrues on delinquent quarterly fees until paid.