Local Rule 3022-1: FINAL REPORT/DECREE (CHAPTER 11 CASES OTHER THAN SUBCHAPTER V)

RULE 3022-1 FINAL REPORT/DECREE (CHAPTER 11 CASES OTHER THAN SUBCHAPTER V)

(a) Non-Individual. A chapter 11 plan filed by a non-individual should set a date, not later than one year after the entry of the order confirming the plan, prior to which a final decree closing the case will be entered under § 350 and Fed. R. Bankr. P. 3022. Not later than 28 days before such date, the reorganized debtor should file, serve upon all interested parties, and set for hearing a motion for a final decree. The motion must set forth evidence of full administration for the purpose of entering the final decree. A party may object to entry of the final decree prior to the date set forth in the plan or prior to the expiration of one year from the entry of the order confirming the plan, whichever is earlier. The objection must be served on the reorganized debtor and debtor's attorney and must be set for a hearing. If the plan of reorganization does not provide a date certain for entry of a final decree or if the reorganized debtor fails to timely file a motion for a final decree, the court may enter the final decree on or after one year from entry of the order confirming the plan. The decree must specify that the case is closed upon entry of the final decree. The court may extend the time for entry of the final decree upon motion and notice to all parties.

(b) Individual. A final decree must be sought by an individual within 28 days after completion of all payments under the plan. The motion shall include a request for entry of discharge, if applicable, be served on all interested parties and be set for hearing. The motion shall set forth evidence of the completion of all payments under the plan, evidence that the debtor has met the requirements for a discharge under § 1141(d)(5)(C) and, if applicable, shall include any statement required under Fed. R. Bankr. P. 4004(c)(4) and 1007(b)(7). The decree must specify that the case is closed upon entry of the final decree.