Local Rule Rule 2015-1: Trustee—Reports, Accounts, Notices, & Destruction of Records.

Rule 2015-1. Trustee—Reports, Accounts, Notices, & Destruction of Records.

(a) Chapter 7.

(1) Inventory and Report of Assets.

(A) Initial. The trustee must enter the appropriate docket entry no later than 14 days after the meeting of creditors concludes.

(B) Amended. The trustee must file an amended report using the appropriate docket entry no later than 14 days after the actual or constructive receipt of assets if the preceding report was one of "No Assets" or "Undetermined Assets."

(2) Final Account. A trustee who has actually or constructively received any estate assets must:

(A) If all collected nominal assets will be returned and the case is to be treated as a no-asset case, enter the appropriate docket entry no later than 14 days after returning all assets.

(B) If the case is dismissed, transferred, or converted, enter the appropriate docket entry no later than 35 days after entry of the relevant order.

(C) If a distribution order on LBF 740.3 has been entered, provide a final account to the UST on the appropriate UST form no later than 14 days after receiving all initial bank statements indicating a zero balance from each of the trustee's depositaries in which a deposit account was maintained in the case. The UST must file the final account no later than 30 days after its receipt from the trustee. After the UST files the final account, the clerk may close the case without further notice.

(b) Chapter 11.

(1) Preconfirmation Reports.

(A) The debtor or, if the debtor is not in possession, the trustee must file a monthly financial report for each calendar month or portion thereof for the period from the date of the order for relief through the day before the confirmed plan's effective date.

(B) If the case is neither a small business case nor a subchapter V case, the report must be filed on the form for periodic reporting prescribed by 28 C.F.R. § 58.8(b) with required supporting documentation, including bank statements for all bank accounts used by the debtor in possession or trustee. The report must be filed no later than 21 days after the last day of the last month or portion thereof covered by the report.

(C) If the case is either a small business case or a subchapter V case, the report must be filed on OF 425C by the deadlines in FRBP 2015(a)(6).

(2) Postconfirmation Reports.

(A) If the case is neither a small business case nor a subchapter V case, the party designated in the plan as the responsible party, such as the reorganized debtor, liquidating trustee, plan proponent, or plan administrator, must file a postconfirmation report for each calendar quarter or portion thereof for the period from the plan's effective date through the date of entry of the final decree. Each report must be filed no later 21 days after the last day of the last month or portion thereof covered by the report. The report must be filed on the form for periodic reporting prescribed by 28 C.F.R. § 58.8(f).

(B) In a small business or subchapter V case, the requirements for any postconfirmation reporting must be in the plan.

(3) Final Account.

(A) General.

(i) In a case other than one in which the plan has been confirmed under § 1191(b), the entity who has the primary responsibility for performing the plan must complete and file an LBF 1195 final account and application for final decree and closing order. If an LBF 1195 is not filed within 120 days after entry of the confirmation order, the entity must file a status report no later than 120 days after entry of the confirmation order and every 180 days thereafter until the LBF 1195 is filed. The status report must explain why the LBF 1195 has not yet been filed and what needs to occur before it will be filed, and the report must estimate when it will be filed.

(ii) In a case in which the plan has been confirmed under § 1191(b), the trustee must file a status report no later than 120 days after entry of the confirmation order and every 180 days thereafter until the discharge of the trustee. The status report must explain why the trustee has not yet been discharged and what needs to occur before the trustee will be discharged and estimate when the trustee will be discharged.

(B) Upon Order of Confirmation, Conversion, Transfer, or Dismissal. The chapter 11 trustee must file a final account in a confirmed, converted, dismissed, or transferred case no later than 35 days after entry of the order. Except in a subchapter V case, this report must be filed on LBF 1198.

(c) Chapter 12 or 13—Notice of Plan Completion. Upon completion of plan payments, and at least 35 days before filing a request for the court to enter a discharge, the trustee must serve, but not file, a notice of plan completion on the debtor and debtor's attorney.

(d) Trustee's Destruction of Case Records.

(1) With Notice. A case record in the trustee's possession, unless required to be transferred to a third party, may be destroyed in the absence of a timely objection to a trustee's 35 days' notice by first-class mail of the proposed destruction to the entity from which the record was obtained, and to any other entity that has made a written request to the trustee for notice of the proposed destruction of case records.

(2) Without Notice or Order. Any case record in the trustee's possession may be destroyed after expiration of the time-period established by the UST. In this LBR a "case record" includes all documents the trustee either obtained from any entity in connection with the case or prepared in connection with the case.

Cross-reference: Chapter 11—Discharge for Individual – LBR 4004-1(b).