|UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
|United States Courthouse and Federal Building
280 South First Street, Room 3035
San Jose, California 95113-3099
|Stephen L. Johnson
United States Bankruptcy Judge
CHAPTER 11 STATUS CONFERENCE CHECKLIST
The Purpose Of The Status Conference:
- To review the reasons for the chapter 11 filing
- To understand the debtor's assets and liabilities; and
- To understand the debtors strategy for exiting chapter 11
Counsel should expect that the Court will generally set deadlines in each case, including deadlines
for filing and confirming a plan of reorganization.
Chapter 11 debtors must file a Status Conference Statement at least 7 calendar days in advance of
the hearing. The failure to file a timely Status Conference Statement may be cause for conversion or
dismissal of a case and for sanctions against counsel.
- The Status Conference Statement should discuss the following issues:
- Nature of operations and factors leading to bankruptcy filing;
- Debtor's attendance at § 341(a) Meeting of Creditors;
- Estate's need for professionals (e.g., lawyers, accountants, brokers)
- Unique issues regarding secured debt, employees, executory contracts, cash
collateral, existing management and/or equity owners;
- Financial results from post-petition operations;
- Litigation status;
- Compliance with U.S. Trustee's requests (e.g., debtor-in-possession (DIP), Initial
- An outline of the proposed Chapter 11 plan; and
- A proposed deadline for the filing of a plan and disclosure statement and for
Complying With The Requirements Of The Bankruptcy Code And Rules:
The Court expects strict compliance with the Code and Rules. Failure to comply with the following
requirements often leads to an early conversion of the case:
- Attendance at § 341(a) Meeting of Creditors.
- Cash Collateral. 11 U.S.C. § 363(c)(2) prohibits the use of cash collateral unless the debtor
has either the prior consent of each creditor having an interest in the collateral or an order
from the Court.
- Transactions Outside the Ordinary Course of Business. 11 U.S.C. § 363(b)(1) requires prior
notice and hearing.
- Post Petition Taxes. The Court expects all post petition taxes to be paid timely and all
required tax returns to be timely filed.
- Monthly Operating Reports. Bankruptcy Local Rule 2015-2 requires monthly operating
reports and tax reports to be filed on the 21th day of each month.
- Quarterly United States Trustee Fees. 28 U.S.C. § 1930(a)(6) requires a quarterly fee to be
paid to the United States Trustee. The amount of the fee will depend upon the amount of
disbursements made by the debtor during each quarter.
- Funds of the Estate. Bankruptcy Local Rule 2015-1 requires all estate funds to be deposited
and maintained in a debtor-in-possession (DIP) bank account.