Local Rule Rule 1002-2: Filings and Other Duties in Certain Cases

Rule 1002-2. Filings and Other Duties in Certain Cases.

A. Applicability of Rule. This rule applies in small business cases as defined by § 101(51C) and in cases filed under Subchapter V of Chapter 11.

B. Duties of Debtors in Small Business Cases and Cases Under Subchapter V.

1. Required Filings. In addition to making any other required filings, a debtor in possession or trustee in a small business case or case under Subchapter V must file with the petition the additional documents or statements required by § 1116(1). In order to preserve the confidentiality of the federal income tax return required to be filed, the filer shall use the ECF event Federal Tax Return. This is a private entry in the court file and the attached document cannot be viewed by the public.

2. Other Duties. In addition to making any other required filings, or taking any other required actions, a debtor in possession or trustee in such a case shall make the filing and perform the requirements of § 1116(2) through (7) and shall cooperate with the United States Trustee in connection with the responsibilities of the United States Trustee under 28 U.S.C. § 586(a)(7).

3. Order on Preliminary Matters. The Court will enter an Order on Preliminary Matters in each small business case and case under Subchapter V. A debtor in possession or trustee in such a case shall perform all duties required by the Court's Order on Preliminary Matters. (See Local Form - MOW 1002-2.1 and Local Form – MOW 1002-2.2 for Cases Under Subchapter V).

4. No later than seven (7) days after the filing of the Petition, the debtor must tender to the Subchapter V Trustee the sum of $1,000.00. The Subchapter V Trustee will hold these funds in a segregated account for the purpose of compensation for services rendered and reimbursement for out-of-pocket expenses. The dollar amount for deposit is subject to adjustment by the Court upon the request of any interested party. Payment of compensation and reimbursement to the Subchapter V Trustee from the segregated funds is subject to allowance and approval by further order of the Court under Sections 503(b), 330, 331 and 1194 of the Bankruptcy Code, Federal Rule of Bankruptcy Procedure 2016 and Local Rule 2016-3. Failure of the debtor to tender the required amount within the time set forth herein is cause for dismissal of the case.

C. Periodic Reporting. In compliance with the periodic reporting requirements contained in § 308, each such debtor shall file on or before the 21st day of each month a [Small Business] Monthly Operating Report utilizing Official Form 425C. The report shall contain information based upon the operations of the business for the month prior to the month in which the report is filed. This report is in lieu of the report required by Local Rule 2015-2C.