Local Rule 2081-1: CHAPTER 11 – ESTATE ADMINISTRATION

TNWB LBR 2081-1 CHAPTER 11 – ESTATE ADMINISTRATION

(a) Forms. Upon the filing of a petition seeking relief under Chapter 11 of the Bankruptcy Code, the United States Trustee shall promptly transmit a format for the filing of financial reports to the debtor in possession or to the trustee if one has been appointed.

(b) Filing Requirement. Unless otherwise ordered by the court, the debtor in possession or trustee shall electronically file financial reports with the Clerk setting forth the information required by Federal Rule of Bankruptcy Procedure 2015(a)(3) in the format provided by the United States Trustee. The debtor in possession or trustee shall continue to file monthly reports until the case is dismissed, converted, or closed, or as otherwise ordered by the court.

(c) Timing. Unless otherwise ordered by the court, each report shall cover a calendar month; the first report shall be filed thirty (30) days after the case is commenced, and each subsequent report shall be filed by the 15th day of the following month.

(d) Copy to the United States Trustee. The person filing the report with the Clerk shall certify that a copy was provided to the United States Trustee.

(e) Copies to Committees and Interested Parties. Upon written request from an official committee appointed in a case or other interested party, the debtor in possession or trustee shall provide copies of the financial reports.

(f) Failure to Comply. Failure to comply with this Local Rule may constitute cause for dismissal or conversion of the case to a case under Chapter 7 of the Bankruptcy Code.

(g) Mailing and Service of Plans and Ballots. Within seven (7) days after entry of an Order Approving Disclosure Statement, which will also provide notice of the confirmation hearing, the proponent of a plan of reorganization or liquidation shall send a ballot conforming to Official Form B314, or such other form as may be approved by the court, together with copies of the order, the approved disclosure statement, and the proposed plan to each entity entitled to accept or reject the plan. Each ballot shall indicate the class of claims in which it may be cast. At the same time, the plan proponent shall serve copies of the order, the proposed plan and approved disclosure statement to all interested parties, including the United States Trustee.

(h) Acceptance or Rejection of Plan. The holders of claims or interests who elect to accept or reject a plan must serve a ballot upon the attorney for the plan proponent before the deadline set forth in the approved disclosure statement or as otherwise ordered by the court.

(i) Tally of Ballots. Not less than seven (7) days prior to the date of the original confirmation hearing, the plan proponent shall file a tally of the ballots (Local Form 019F) with the Clerk and serve it upon the United States Trustee, stating for each class of claims the number and dollar amount of acceptances and rejections, and stating for each class of interests the dollar amount of acceptances and rejections.

(j) Confirmation.

(1) Objections to Confirmation. Objections to confirmation must be written, filed within the time fixed by the Order Approving Disclosure Statement, and served on the plan proponent and the United States Trustee. Objections will be heard at the confirmation hearing.

(2) Order Confirming Plan. Within fourteen (14) days of the court's ruling that the plan may be confirmed, the proponent of the plan shall prepare and present to the court an order confirming the plan.

(k) Substantial Consummation.

(1) Final Report. Within sixty (60) days after entry of the order confirming the plan or such other date as the court may set, the plan proponent shall file a Final Report (Local Form 015F) and shall serve it on the United States Trustee.

(2) Motion for Final Decree in Chapter 11 Cases.

(A) Approval by United States Trustee. Within sixty (60) days after substantial consummation of a plan as defined in Bankruptcy Code § 1101(2), or, in the case of an individual Chapter 11 debtor, within sixty (60) days after completion of all payments required by the plan, the plan proponent shall file a Motion for Final Decree pursuant to Federal Rule of Bankruptcy Procedure 3022 (Local Form 016F), or shall file a statement stating why such motion is premature. The motion and a proposed Final Decree (Local Form 017F), or the statement in lieu thereof, shall be served on the United States Trustee. If the United States Trustee approves the proposed Final Decree, it shall be submitted promptly to the Clerk for approval and entry.

(B) Disputes. If the plan proponent and the United States Trustee are unable to agree on the appropriateness of the entry of a Final Decree, the plan proponent or the United States Trustee shall ask the Clerk to set the Motion for Final Decree for hearing. The Clerk shall issue a notice of hearing and shall cause such notice to be served on the debtor, the United States Trustee, and other interested parties.

(C) Extension of Time. On motion of the plan proponent, the court may extend the time fixed by this Rule for filing a Motion for Final Decree. A motion for extension of time shall be made within sixty (60) days after substantial consummation of the plan.