On December 21, 2020, the United States Trustee Program (USTP) published a final rule in the Federal Register, entitled the “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11” (the “Final Rule”). See 28 C.F.R. § 58.8.
Bankruptcy practitioners should be aware that the Final Rule becomes effective for all reports filed on or after June 21, 2021.
The Final Rule requires that the filing of pre-confirmation monthly operating reports (MORs) and quarterly post-confirmation reports (PCRs) be done by using “streamlined, data-embedded, uniform forms in every case in every judicial district where the USTP operates.” See Notice Regarding the United States Trustee Program’s New Chapter 11 Periodic Reports (28 C.F.R. § 58.8). This Final Rule applies to all debtors, except for those small business debtors who have filed under subchapter V of chapter 11.
The new forms and updates regarding the Final Report and Implementation will be posted by the USTP.
Stephanie Slater is a Law Clerk, based in the firm’s Wilmington, DE office.