Local Rule RULE 9090-2: FIRST DAY MOTIONS AND PROCEDURES
Bankr. N.D. Ill. — General rule
RULE 9090-2 FIRST DAY MOTIONS AND PROCEDURES A. Applicability This Rule applies in a case designated as a Complex Chapter 11 Case under Rule 9090-1.
B. Case Management Summary No later than three business days after the petition date, the debtor-in-possession must file a Chapter 11 Case Management Summary providing the following information:
(1) A description of the debtor's business;
(2) The locations of the debtor's operations and whether leased or owned;
(3) The debtor's reasons for filing bankruptcy;
(4) Unless the court orders otherwise, the names and titles of the debtor's officers, directors, and insiders, if applicable, and their salaries and benefits at the time of filing and during the one year prior to filing;
(5) The debtor's annual gross revenues for the last five calendar years;
(6) The aggregate amounts owed as of the petition date to the following categories of creditors:
(a) priority creditors such as governmental creditors for taxes,
(b) secured creditors and their respective collateral, and
(c) unsecured creditors;
(7) A general description and the approximate value of the debtor's current and fixed assets;
(8) The number of the debtor's employees and the gross wages owed to employees on the petition date;
(9) The status of the debtor's payroll and sales tax obligations, if applicable; and
(10) The debtor's strategic objectives, e.g., refinancing, cram down, or the surrender or sale of assets or business.
C. First Day Motions Motions under this rule are not subject to Local Rule 9013-2 and may be noticed for presentment, subject to the court's availability, within two business days of the petition date. As soon as possible after the hearing is scheduled, the debtor must serve each such motion by email or hand delivery on all parties entitled to notice, including the Office of the United States Trustee and on all parties who may be affected by the motion. At the time of service, and to the extent possible, the debtor must also provide telephonic notice of the hearing date and time to all parties served with a first day motion. First day motions include:
(1) Motion to Use Cash Collateral. In addition to the requirements of 11 U.S.C. § 363 and Rules 4001(b) or (d) of the Federal Rules of Bankruptcy Procedure, a motion to use cash collateral must comply with Local Bankruptcy Rule 4001-2.
(2) Motion to Approve Post-petition Financing. In addition to the requirements of 11 U.S.C. § 364 and Rules 4001(c) or (d) of the Federal Rules of Bankruptcy Procedure, a motion to approve post-petition financing must comply with Local Bankruptcy Rule 4001-2.
(3) Motion to Pay Prepetition Wages. A motion to pay employees of the debtor prepetition wages outstanding as of the petition date must state:
(a) the total number of employees to whom wages are sought to be paid;
(b) the total amount due to all such employees as of the petition date;
(c) the total amounts to be withheld from such wages, including the total amounts of all payroll taxes and related benefits;
(d) the period for which prepetition wages are due;
(e) the irreparable harm that will result if the relief is not granted;
(f) whether any employees to be paid are insiders under 11 U.S.C. § 101(31);
(g) whether the debtor is subject to collective bargaining agreements with any unions, and if so, the union names; and
(h) whether any employees will receive more than the priority claim amount under 11 U.S.C. § 507(a)(4).
The motion must also include the debtor's representation that all applicable payroll taxes and related benefits due to the debtor's employees will be paid concurrently with payment of wages.
(4) Motion to Maintain Prepetition Bank Accounts. A motion to maintain prepetition bank accounts must include:
(a) a schedule listing each prepetition bank account that the debtor seeks to maintain post-petition;
(b) the reason for seeking such authority;
(c) the amount on deposit in each account as of the petition date;
(d) whether the depository is an authorized depository under 11 U.S.C § 345(b); and
(e) a representation that the debtor has consulted with the Office of the United States Trustee about the continued maintenance of prepetition bank accounts and a representation about whether the United States Trustee has consented to the proposed maintenance of use of the accounts.
If the debtor is unable to provide the information in sections (a)-(e), the motion must explain why it is unavailable and must estimate when the debtor will supplement its motion with the information.