Local Rule RULE 3022-1: CHAPTER 11 – FINAL REPORT AND MOTION FOR A FINAL DECREE

RULE 3022-1 CHAPTER 11 – FINAL REPORT AND MOTION FOR A FINAL DECREE

(a) Report of Substantial Consummation in Chapter 11 Case. The plan proponent shall file a report of substantial consummation that provides a basis for the Court to find that the plan proponent has satisfied the criteria of § 1101(2).

(1) Motion for Final Decree. The report of substantial consummation shall be accompanied by a motion for a final decree on notice to all creditors and parties in interest. Unless the Court orders otherwise, the final report, a proposed final decree, the cancelled checks, (or other evidence of payment in a form ordinarily provided by the payor's bank) representing the distributions made pursuant to the confirmed plan, and the supplementary exhibit to the application for final compensation required by LBR 2016-1 are not required to be served with the motion, but must be filed. In an individual chapter 11 case, the motion shall include the certification referenced in paragraph (c) of this Rule.

(2) Final Decree. Based on the information received, the Court may, in its discretion, ascertain whether the case has been fully administered and entertain the entry of the proposed final decree closing the case.

(b) Time for Filing Report of Substantial Consummation in Chapter 11 Case.

(1) Non-Individual Chapter 11 Case. The Court may require the report of substantial consummation to be filed as early as the time that all checks have cleared as to the first payments made under the plan. In no event shall the report be filed later than 180 days after the entry of a final order confirming a plan unless the Court, for cause shown, extends the time upon motion filed and served within the 180 day period.

(2) Individual Chapter 11 Case. The report of substantial consummation shall be filed not later than thirty (30) days after completion of all payments under the confirmed plan.

(3) Form of Report of Substantial Consummation in Chapter 11 Case. Unless otherwise ordered by the Court, the final report shall be signed and sworn to or affirmed under penalties of perjury, include the proper caption, and include, without limitation, at least the following information:

1 Administrative Expenses: Trustee Compensation (if applicable): $ Attorney for Trustee Compensation (if applicable): $ Attorney for the Debtor Compensation: $ 2 Percentage of claims paid: % Percentage of claims paid to general unsecured creditors: %

(c) Required Certification in Individual Chapter 11 Case. In an individual chapter 11 case, the motion for final decree shall include a Chapter 11 Debtor's Certification that the debtor is entitled to a discharge. Any party wishing to contest the entry of a discharge must file a written objection to the entry of a discharge not later than seven (7) days prior to the return date of the motion for final decree and serve the objection on the debtor, debtor's attorney, United States trustee, and any party having filed a notice of appearance in the case. If no objection to discharge is filed, the Clerk may issue a discharge in the case.