Local Rule LR 3022-1: Interim Closure or Final Decree Closing a Non-Subchapter V Chapter 11 Case

LR 3022-1 Interim Closure or Final Decree Closing a Non-Subchapter V Chapter 11 Case

(a) Applicability. This Local Rule only applies to cases under chapter 11 of the Bankruptcy Code, except cases under subchapter V other than as incorporated by Local Rule 3022-2.

(b) Motion for final decree. After an estate is fully administered, a reorganized debtor or a chapter 11 trustee may file a motion for a final decree using the court's Local Form Number 3022-1(a). Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served.

(1) The motion must be supported by one or more Declarations by persons with the requisite personal knowledge, unless relying on facts of which the court may take judicial notice, showing: (i) the status of the estate's administration, stating specifically whether the estate has been fully administered and (ii) the status of all pending related adversary proceedings and unresolved contested matters, including, as to either, any that are on appeal, describing for each its status.

(2) For chapter 11 cases in which discharge is governed by 11 U.S.C. § 1141(d)(5), the Declaration required by Local Rule 4004-2(b) must demonstrate that the debtor has completed all payments under the plan.

(c) Motion for order closing case on interim basis.

(1) If a chapter 11 estate is substantially consummated, but not fully administered, a reorganized debtor or chapter 11 trustee may file a motion to close the case on an interim basis using the court's Local Form Number 3022-1(b). Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served. The motion must be supported by a Declaration showing that the estate has been substantially consummated and explaining why it cannot be fully administered promptly.

(2) If a chapter 11 case is closed pursuant to Rule 3022-1(c), the debtor may thereafter file a motion to reopen the bankruptcy case to request further relief, including but not limited to a final decree and order closing the case under Local Rule 3022-1(b), or a request for a discharge under Local Rule 4004-2.

(3) A case closed on an interim basis is not closed for purposes of 11 U.S.C. § 362(c)(2) unless the court so orders.