Local Rule 2015-2: DEBTOR-IN-POSSESSION –BUSINESS DEBTORS' OPERATING ORDERS IN CHAPTER 13

RULE 2015-2. DEBTOR-IN-POSSESSION –BUSINESS DEBTORS' OPERATING ORDERS IN CHAPTER 13.

(a) Requirement to File Operating Reports; Waiver. Every individual who files a business chapter 13 case, and (a) designates their bankruptcy case as a business chapter 13 case on their petition, or (b) derives income from rental property or from operating a business, profession, or farm (cumulatively referred to herein as a "chapter 13 business debtor"), shall be required to file monthly operating reports, commencing in the month following the filing of the petition (or entry of the order converting the case to chapter 13), using Local Form S-1, unless the debtor demonstrates good cause to waive or modify this requirement within 21 days of the filing of the petition (or conversion order). A debtor may file a motion to waive the requirement to file operating reports or modify the content and/or frequency of the operating reports to be filed, using Local Form S-2.

(b) Failure to File Operating Reports. If a chapter 13 business debtor fails to file complete and timely operating reports, such failure may constitute cause for dismissal of the case under § 1307.

(c) Operating Order. The Court will enter an operating order in every chapter 13 business debtor's case, describing the debtor's duties generally, including the duty to file monthly operating reports and applicable local addenda. If the Court does not enter an operating order in the case, or if the debtor begins deriving income post-petition from operation of a business, profession, or farm, then the trustee or another party in interest may file a motion requesting entry of an order directing the chapter 13 business debtor to file operating reports.