LBR 3020-1. CHAPTER 11 PLAN CONFIRMATION

LBR 3020-1. CHAPTER 11 PLAN CONFIRMATION

(a) Payment of Special Charges. The proposed plan confirmation order must be
accompanied by proof of payment of any and all special charges due to the clerk’s office. The amount of the charges to be paid may be obtained from the courtroom deputy of the judge hearing the case.
(b) Postconfirmation Requirements. Unless otherwise provided in the plan, every order confirming a chapter 11 plan must contain the following language:
“Within 120 days of the entry of this order, shall file a status report explaining what progress has been made toward consummation of the confirmed plan of reorganization. The initial report shall be served on the United States trustee, the 20 largest unsecured creditors, and those parties who have requested special notice. Further reports shall be filed every days thereafter and served on the same entities, unless otherwise ordered by the court. [Optional depending on practices of particular judge: A postconfirmation status conference will be held on , 20__ at .m. in Courtroom .] The status report shall include at least the following information:
(1) A schedule listing for each debt and each class of claims: the total amount
required to be paid under the plan; the amount required to be paid as of the
date of the report; the amount actually paid as of the date of the report; and
the deficiency, if any, in required payments;
(2) A schedule of any and all postconfirmation tax liabilities that have accrued
or come due and a detailed explanation of payments thereon;
(3) Debtor’s projections as to its continuing ability to comply with the terms
of the plan;
(4) An estimate of the date for plan consummation and application for final
decree; and
(5) Any other pertinent information needed to explain the progress toward
completion of the confirmed plan.
Reporting entities whose equity securities are registered under Section 12(b) of the
Securities Exchange Act of 1934 may provide information from their latest 10Q
or 10K filing with the S.E.C., if it is responsive to the requirements of this
subsection. Unless otherwise provided in the plan, if the above-referenced case is converted to one under chapter 7, the property of the reorganized debtor shall be revested in the chapter 7 estate, except that, in individual cases, the postpetition income from personal services and proceeds thereof, and postconfirmation gifts or inheritances pursuant to 11 U.S.C. §§ 541(a)(5)(A), 541(a)(6), 1115(a) or 1115(b), shall not automatically revest in the chapter 7 estate.”
(c) Effect of Failure to File Postconfirmation Reports. The failure to file timely the
required reports is cause for dismissal or conversion to a case under chapter 7 pursuant to 11 U.S.C. § 1112(b).
(d) Final Decree in Chapter 11 Case.
(1) After an estate is fully administered in a chapter 11 reorganization case, a party in
interest may file a motion for a final decree in the manner provided in LBR
9013-1(o).
(2) Notice of the motion must be served upon all parties upon whom the plan was
served.
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