Local Rule Rule 2015-2: Debtor in Possession Duties
Bankr. W.D. Mo. — General rule
Rule 2015-2. Debtor in Possession Duties A. Statement. A debtor in possession that plans to operate a business shall file with the petition a statement as follows:
1. Whether a trustee or creditors committee was appointed in a prior bankruptcy case and, if so, their names and address; 2. Nature and status of each action or proceeding pending or threatened against debtor or his property, where a judgment against debtor or seizure of his property may be imminent; 3. All of debtor's property in possession or custody of a public officer, receiver, trustee, assignee for the benefit of creditors, mortgagee, pledgee, or assignee of rents; names and addresses of such persons; the court in which proceedings are pending; and the status of proceedings; 4. Whether debtor is occupying premises under a lease; if so, the length of term, rent reserved, amount owing for rent, and status of any negotiations for modification of the lease and with whom; 5. Name and address of each utility providing service to debtor. Debtor shall serve a copy of the petition on each utility and certify service in the statement required herein.
B. Operating Statement. Debtor shall file with the petition a projected operating statement with the following information for the 30-day period following the filing of the petition:
1. Estimated gross revenue; 2. Estimated weekly payroll to employees; 3. Estimated operating expenses not including payroll to employees; and 4. Expected gain or loss.
C. Reports to the Court. Debtor shall file with the Court via ECF, on or before the 21st day of each month, a monthly report of operation on the form provided by the United States Trustee. Relief from the duty to provide reports or information may be sought by motion.
D. Chapter 13 Cases. Chapter 13 debtors who operate a business during the pendency of the Chapter 13 are required to file reports as set out in Local Rule 3071-1.
E. Failure to File Reports Cause for Dismissal or Conversion. Failure to file the reports required under Sections C, D or E is cause for dismissal of the case or conversion to chapter 7 under §1112(b), §1208, §1307 or other applicable law.