Local Rule LBR 3022-1: Final Report/Decree – Chapter 11

Rule 3022-1 Final Report/Decree – Chapter 11

(a) Filing of Application for Final Decree. A plan proponent in a chapter 11 case has the continuing post-confirmation duty of preparing and prosecuting the application for a final decree closing the case.

(b) Deadline for Filing Final Report and Application for Entry of Final Decree. Unless otherwise provided in the confirmation order, the proponent of the plan shall file a Final Report and Motion for Entry of Final Decree not later than 90 days after the order confirming the plan becomes final. If the application is not filed within the afore-specified time period, the plan proponent must comply with LBR 2015-2(b).

(c) Form of Application for Final Decree. The application for a final decree closing a chapter 11 case must contain, at a minimum, the following statements:

(1) that the plan of reorganization has been substantially consummated in accordance with the plan, the order of confirmation, and any orders of the court subsequent to confirmation;

(2) that the debtor or trustee 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 in the confirmed plan, as evidenced by an attached "Exhibit A" listing the names, addresses, and amounts paid to each of the recipients;

(3) that the debtor or trustee has commenced making the 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) that all remaining distributions prescribed by the plan will be made in accordance thereto, as evidenced by an attached "Exhibit C," containing the names, addresses, and amounts to be paid to each of the recipients;

(5) if applicable, that distributions have not been made to recipients set forth in 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; and

(6) all motions, contested matters, and adversary proceedings have been finally resolved.

(d) Objections to Application for Final Decree. Any party in interest, including the United States trustee, may object to any application for a final decree within twenty-one (21) days from the date of filing.