Local Rule 1007-4: DEBTOR'S AFFIDAVIT TO BE FILED IN CHAPTER 11 CASES

Rule 1007-4 DEBTOR'S AFFIDAVIT TO BE FILED IN CHAPTER 11 CASES

(a) Contents of Affidavit.

In addition to the requirements set forth in Bankruptcy Rule 1007, a debtor in a chapter 11 case shall file an affidavit setting forth:

(i) whether the debtor is a small business debtor within the meaning of Bankruptcy Code § 101(51D);

(ii) whether the debtor is a single asset real estate debtor within the meaning of Bankruptcy Code § 101(51B);

(iii) the nature of the debtor's business and a concise statement of the circumstances leading to the debtor's filing under chapter 11;

(iv) in a case originally commenced under chapter 7, 12 or 13, the name and address of any trustee appointed in the case and, in a case originally commenced under chapter 7, the names and addresses of the members of any creditors' committee elected under Bankruptcy Code § 705;

(v) the names and addresses of the members of, and professionals employed by, any committee organized prior to the order for relief in the chapter 11 case, and a description of the circumstances surrounding the formation of the committee and the date of its formation;

(vi) with respect to each of the holders of the 20 largest general unsecured claims, excluding insiders and creditors holding priority claims: name, address (including the number, street, apartment or suite number, and zip code, if not included in the mailing address), telephone number, e-mail address, name(s) of person(s) familiar with the debtor's account, amount of the claim, and whether the claim is contingent, unliquidated, disputed, or partially secured;

(vii) with respect to each of the holders of the 5 largest secured claims,: name, address (including the number, street, apartment or suite number, and zip code, if not included in the mailing address), telephone number, email address, amount of the claim, a description and an estimate of the value of the collateral securing the claim, and whether the claim or lien is disputed;

(viii) a summary of the debtor's assets and liabilities or, in the alternative, a balance sheet reflecting the same;

(ix) the number and classes of shares of stock, debentures, or other securities of the debtor that are publicly held, and the number of record holders thereof, listing separately those held by each of the debtor's officers and directors and the amounts so held;

(x) a list of all of the debtor's property in the possession or custody of any custodian, public officer, mortgagee, pledgee, assignee of rents, or secured creditor, or agent for any such entity, giving the name, address, and telephone number of each such entity, the title of any proceeding relating thereto, and the court in which it is pending;

(xi) a list of the premises owned, leased, or held under any other arrangement from which the debtor operates its business;

(xii) the location of the debtor's significant assets, the location of its books and records, and the nature, and location of any assets held by the debtor outside the territorial limits of the United States;

(xiii) the nature and present status of each action or proceeding, pending or threatened, against the debtor or its property where a judgment against the debtor or a seizure of its property may be imminent;

(xiv) the names of the debtor's existing senior management, their tenure with the debtor, and a summary of their relevant responsibilities and experience;

(xv) the estimated amount of the weekly payroll to employees (exclusive of officers, directors, stockholders, partners and members) for the 30-day period following the filing of the chapter 11 petition;

(xvi) the amount paid and proposed to be paid for services for the 30-day period following the filing of the chapter 11 petition – (A) if the debtor is a corporation, to officers and directors; (B) if the debtor is an individual or a partnership, to the individual or the members of the partnership; and (C) if a financial or business consultant has been retained by the debtor, to the consultant;

(xvii) an itemized schedule, for the 30-day period following the filing of the chapter 11 petition, of estimated cash receipts and disbursements, net cash gain or loss, obligations and receivables expected to accrue but remaining unpaid, other than professional fees, and any other information relevant to an understanding of the foregoing;

(xviii) a schedule of the debtor's current insurance policies, including the identity of the insurer, policy period and type of insurance for each insurance policy listed;

(xix) a schedule of the debtor's bank accounts, including the name and address of the banking institution where the accounts are held, the name on the account, and the nature of the account for each bank account listed; and

(xx) such additional information as may be necessary to fully inform the Court of the debtor's rehabilitation prospects.

(b) When to File.

In a voluntary chapter 11 case, the affidavit shall accompany the petition. In an involuntary chapter 11 case, the affidavit shall be filed within 14 days after the date on which the order for relief is entered.

(c) Waiver of Requirements.

Upon motion of the debtor on notice to the United States trustee showing that it is impracticable or impossible to furnish any of the foregoing information, the Court may waive any of the foregoing provisions, with the exception of those contained in paragraphs (i) through (ix) and (xviii) through (xix) of subdivision (a) of this rule.

REFERENCES: Bankruptcy Code §§ 101(51D), 705