Local Rule LBR 3022-2: Chapter 11 – Motion to Administratively Close Individual Chapter 11 Case

LBR 3022-2 Chapter 11 – Motion to Administratively Close Individual Chapter 11 Case

(a) Motion. In cases involving an individual chapter 11 debtor (other than a case under Subchapter V), such individual debtor may file an ex parte motion requesting that the court administratively close the chapter 11 case after the court has entered an order confirming the chapter 11 plan. Such motion shall contain a statement providing that:

(1) The confirmed plan has been substantially consummated in accordance with 11 U.S.C. § 1101(2), and the estate has been fully administered except for the completion of all plan payments.

(2) All monthly reports and payments due to the United States Trustee are current.

(3) All litigation has concluded except to the extent that the court has retained jurisdiction over certain pending matters (e.g., an outstanding appeal).

(4) There are no outstanding issues that would preclude the administrative closure of the case.

(b) Proposed Order. The proposed order shall contain the following provisions:

(1) The order does not operate to close the case for purposes of 28 U.S.C. § 1930 Appendix (11), 11 U.S.C. § 362(c)(2)(A), or Bankruptcy Rule 4006.

(2) The provisions of the confirmed plan and confirmation order shall continue to bind the debtor, the creditors, and other parties in interest as set forth in 11 U.S.C. § 1141(a).

(3) Upon completion of all plan payments the debtor may move to reopen the case under 11 U.S.C. § 350 for the purpose of obtaining a discharge under 11 U.S.C. § 1141(d)(5) and entry of a final decree when all plan payments have been completed.