Local Rule LR 3022-2: Closing Cases Under Subchapter V of Chapter 11: Final Reports and Final Decrees

LR 3022-2 Closing Cases Under Subchapter V of Chapter 11: Final Reports and Final Decrees

(a) Applicability. This Local Rule only applies to cases under subchapter V of chapter 11 of the Bankruptcy Code.

(b) Cases in which the debtor confirms a plan under 11 U.S.C. § 1191(a). In cases in which the debtor confirms a plan under 11 U.S.C. § 1191(a):

(1) Subchapter V final report and account. The court may close the case if the case is fully administered and a. the debtor files a motion for final decree under Local Rule 3022-1(b);

b. the subchapter V trustee has submitted a final report and, if the trustee received funds under 11 U.S.C. §1194, files an account of administration of the estate; and c. all motions and final reports filed under this subsection have been served with 28 days' notice of a deadline to object on all parties upon whom the plan was served.

(2) Closing on interim basis. A debtor may seek closure on an interim basis under Local Rule 3022-1(b).

(c) Cases in which the debtor confirms a plan under 11 U.S.C. § 1191(b). In cases in which the debtor confirms a plan under 11 U.S.C. § 1191(b):

(1) Subchapter V final report and account and final decree. No later than 60 days after the final distribution to creditors, a. the debtor must file (i) a subchapter V final report and account of administration of the estate and (ii) a motion for final decree under Local Rule 3022-1(a).

b. the subchapter V trustee must file a final report, if the trustee has received funds under 11 U.S.C. § 1194.

c. the debtor or subchapter V trustee filing a motion or final report under this subsection must serve notice of the filing with 28 days' notice of the deadline to object on all parties upon whom the plan was served.

(2) Discharge of the subchapter V trustee. Unless ordered otherwise, the court's entry of the final decree discharges the subchapter V trustee and terminates the trustee's service.