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Bankr. E.D. Tex. LBR 2015-1 — Duty to Keep Records, Make Reports, and Give Notice of Case: the court's own rule, verbatim from LOCAL RULES OF BANKRUPTCY PROCEDURE OF THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS ([Revised August 22, 2022]), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Eastern District of Texas alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Required Monthly Operating Reports When a Business is Operated When a business is operated by a trustee or debtor-in-possession in a Chapter 11 or 12 case, by a trustee in a Chapter 7 case, or by a debtor in a Chapter 13 case, a monthly operating report must be filed with the Court and served upon the United States Trustee [or, in lieu thereof, upon the standing trustee in a Chapter 12 or 13 case] not later than the 21st day of the month following the month for which the report is submitted. The first report is due the month following the month that the order for relief is granted or that a trustee qualifies. A report must be filed in the format approved by the United States Trustee [or, in lieu thereof, by the standing trustee in a Chapter 12 or 13 case]. (b) Disposition of Books and Records Except in cases involving the disposal of patient records governed by § 351 of the Bankruptcy Code, a trustee who is in possession of books and records of the debtor may destroy, abandon, store, or return to the debtor all or a portion of those books and records on 21 days’ notice to the Court, the debtor, the attorney for the debtor, the United States Trustee, the United States Attorney, and the appropriate Internal Revenue Service Special Procedures Staff office. A notice must include the 21-day negative notice language described in LBR 9007(a) and a detailed description of the books and records. If no objection to the proposed disposition is filed with the Court and served on the trustee, the disposition may be made without court order or further notice. (c) Post Confirmation Requirements in Chapter 11 Cases (Non-Subch. V Cases) 1. In a case filed under Chapter 11 which is not governed by Subchapter V, and in which the debtor is a non-individual entity, the proponent of a confirmed plan must: (A) file a post confirmation report within 60 days after the date of the order confirming the plan and serve that report upon the master mailing list (matrix) as constituted by the Court on the date of service. The report must inform the Court of the post-confirmation actions taken by the confirmed debtor or the trustee and the progress made toward consummation of the plan; and (B) within 180 days after the date of the confirmation order, file either an application for a final decree showing that the plan has been consummated with a proposed final decree or a subsequent post-confirmation report explaining why an application for final decree is not yet appropriate and requesting a continuance of any status conference previously scheduled. 2. In a case filed under Chapter 11 which is not governed by Subchapter V, and in which the debtor is an individual, the proponent of a confirmed plan must: (A) file an annual status report on each anniversary date of the entry of the confirmation order which outlines the status of payments made by the individual debtor in the past year and any other post-confirmation action taken toward consummation of the plan; and (B) file a Notice of Plan Completion and §522(q) Statement By Individual Debtor in a Chapter 11 Case (no service required) in a format substantially conforming to TXEB Local Form 4004-b under which each individual debtor declares that all payments under the confirmed Chapter 11 plan have been completed and that all prerequisites for the entry of an order of discharge pursuant to 11 U.S.C. §1141(d)(5) have been fulfilled. (d) Post Confirmation Requirements in Chapter 11 Subchapter V Cases 1. In a case filed under Chapter 11 in which the Debtor elects treatment under Subchapter V and in which consensual confirmation of the Chapter 11 plan was accomplished under § 1191(a): (A) the Debtor shall file a post confirmation report within 60 days after the date of the order confirming the plan and serve that report upon the master mailing list (matrix) as constituted by the Court on the date of service. The report must inform the Court of the post-confirmation actions taken by the confirmed debtor or the trustee and the progress made toward substantial consummation of the plan; (B) the Debtor shall file a Notice of Substantial Consummation promptly upon the occurrence of such event and serve such notice upon the master mailing list (matrix) as constituted by the Court on the date of service; and (C) the Trustee shall file a Final Report and Account and Application for Final Decree promptly after the filing of the Notice of Substantial Consummation and through which the Trustee shall be discharged of all duties and the Chapter 11 case shall be closed. 2. In a case filed under Chapter 11 in which the Debtor elects treatment under Subchapter V and in which non-consensual confirmation of the Chapter 11 plan was accomplished under § 1191(b): (A) the Debtor shall file a Notice of Substantial Consummation promptly upon the occurrence of such event and serve such notice upon the master mailing list (matrix) as constituted by the Court on the date of service; (B) the Trustee shall file, for the duration of the period in which the Debtor must tender projected disposable income or equivalent values of property under the confirmed plan as required under § 1191(c)(2) (the “Non-Consensual Commitment Period”), a status report on each anniversary date of the entry of the confirmation order which outlines the status of payments made by the Debtor and distributed by the Trustee in the past year and any other post-confirmation action taken toward consummation of the plan and serve that report upon the master mailing list (matrix) as constituted by the Court on the date of service; (C) the Debtor shall file, upon completion of the Non-Consensual Commitment Period, a Motion for Entry of Discharge Upon Completion of Non-Consensual Commitment Period pursuant to LBR 4004(c) which documents that all payments of projected disposable income or equivalent values of property by the Debtor under the confirmed plan as required under § 1191(c)(2) have been completed and that all other prerequisites for the entry of an order of discharge pursuant to 11 U.S.C. § 1192 have been fulfilled; and (D) the Trustee shall file, upon entry of the Debtor’s discharge, a Final Report and Account and Application for Final Decree through which the Trustee shall be discharged of all duties and the Chapter 11 case shall be closed.
(a) Required Monthly Operating Reports When a Business is Operated When a business is operated by a trustee or debtor-in-possession in a Chapter 11 or 12 case, by a trustee in a Chapter 7 case, or by a debtor in a Chapter 13 case, a monthly operating report must be filed with the