Subchapter V Events

Notice of Completion of 1192 Payments

Official Procedure Last Change December 15, 2021

Notice of Completion of 1192 Payments

How to file: 

Location of event: Bankruptcy > Subchapter V Events > Completion of 1192 Payments, Notice of

General Information

The Notice should be filed on cases confirmed under 11 U.S.C. §1191(b) after the debtor has made the required payments to be eligible for a discharge, and after the Subchapter V Trustee's Final Report and Account has been approved and filed by the U.S. Trustee.

The debtor has 30 days from the date of filing of the Notice to file their Motion for Entry of Discharge and Certification of Eligibility.

Filing Requirements

  • Use of the court's sample form is encouraged.
  • The document must be signed by the debtor or debtor's attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Subchapter V Events

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Completion of 1192 Payments, Notice of. Click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.

7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Browse to select the pdf file. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Notice of Substantial Consummation of Subchapter V Plan

Official Procedure Last Change December 10, 2021

Notice of Substantial Consummation of Subchapter V Plan

How to file: 

Location of event: Bankruptcy > Subchapter V Events > Substantial Consummation of Subchapter V Plan, Notice of

General Information

  • The Notice of Substantial Consummation must be filed no later than 14 days after the confirmed plan is substantially consummated in Chapter 11 Subchapter V cases.
  • In cases confirmed under 1191(a), the Notice serves to discharge the trustee by operation of law.

Filing Requirements

  • The document must be signed by the debtor or debtor's attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Subchapter V Events

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Substantial Consummation of Subchapter V Plan, Notice of. Click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.

7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Browse to select the pdf file. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Objection to Small Business/Subchapter V Designation/Request for Determination

Official Procedure Last Change July 21, 2021

Objection to Small Business / Subchapter V Designation / Request for Determination

How to file: 

Location of event: Bankruptcy > Subchapter V Events > Objection to Small Business/Subchapter V Designation/Request for Determination

 

General Information

The United States trustee or a party in interest may file an objection to the debtor's statement claiming to be eligible to be a small business debtor (Subchapter V or not) no later than 30 days after the conclusion of the 341 meeting of creditors, or within 30 days after any amendment to the statement,whichever is later.

Filing Requirements

  • The Objection must be signed by the filing party.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Subchapter V Events

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Objection to Small Business/Subchapter V Designation/Request for Determination from the event list and click Next.

5. Check box if jointly filing with another attorney and click Next.

6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.

7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Check boxes to indicate whether you are objecting to the debtor's small business designation, Subchapter V designation, or both. Click Next.

9. Browse to select the pdf file. Click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Statement of Small Business/Subchapter V Designation

Official Procedure Last Change July 21, 2021

Statement of Small Business/Subchapter V Designation

How to file: 

Location of event: Bankruptcy > Subchapter V Events > Small Business/Subchapter V Designation, Statement of

General Information

This is used for involuntary cases and conversions where a Chapter 11 debtor (or one converting to Chapter 11) wishes to proceed under Subchapter V.
Upon filing of the document, deadlines are automatically set for the debtor to file Small Business Balance Sheet, Cash Flow Statement, Tax Returns and Statement of Operations, or Small Business Statement in Lieu

Filing Requirements

  • The document must be signed by the debtor or debtor's attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Subchapter V Events

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Small Business/Subchapter V Designation, Statement of. Click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.

7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Browse to select the pdf file. Click Next.

9. Select all check boxes that apply and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Subchapter V Status Report Pursuant to 1188(c)

Official Procedure Last Change July 21, 2021

Subchapter V Status Report Pursuant to 1188(c)

How to file: 

Location of event: Bankruptcy > Subchapter V Events > Subchapter V Status Report Pursuant to 1188(c)

General Information

Not later than 14 days before the date of the Subchapter V Status Conference, the debtor must file a report that details the efforts the debtor has undertaken and will undertake to attain a consensual plan of reorganization..

Filing Requirements

  • Use of the court's sample form is encouraged.
  • The Report must be signed by the debtor or debtor's attorney.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Subchapter V Events

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Subchapter V Status Report Pursuant to 1188(c). Click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.

7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.

8. Browse to select the pdf file. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Subchapter V Trustee's Report of No Distribution

Official Procedure Last Change October 6, 2021

Subchapter V Trustee's Report of No Distribution

How to file: 

Location of event: Bankruptcy > Trustee/US Trustee >

  • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, fee not received, or
  • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, fee received, or
  • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, no plan, fee received, or
  • Ch 11 Subch V Trustee's Report of No Distribution - consensual plan consummated, fee not received, or
  • Ch 11 Subch V Trustee's Report of No Distribution - consensual plan consummated, fee received, or
  • Ch 11 Subch V Trustee's Report of No Distribution - non-consensual plan consummated, fee awarded

Things to be aware of when filing: See General Information below for guidance on selecting the correct event.

General Information

  • For cases in which the trustee’s service has terminated as a result of substantial consummation,dismissal, or conversion with no disbursement of funds by the trustee, the subchapter V trustee must file a Report of No Distribution using one of the following six events:
    • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, fee not received
    • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, fee received
    • Ch 11 Subch V Trustee's Report of No Distribution - case dismissed/converted, no plan, fee received
    • Ch 11 Subch V Trustee's Report of No Distribution - consensual plan consummated, fee not received
    • Ch 11 Subch V Trustee's Report of No Distribution - consensual plan consummated, fee received
    • Ch 11 Subch V Trustee's Report of No Distribution - non-consensual plan consummated, fee awarded
  • The above events are not applicable for cases in which the trustee disbursed funds. In such cases, the Subchapter V Trustee’s Final Report and Account event must be used.
  • The event to use is dependent upon the receipt (or lack thereof) of the trustee's fee award at the time the report is filed. If the fee has been paid, the appropriate 'fee received ' event should be used. If the trustee was awarded fees but has not yet been paid, then the appropriate      'fee not received' event should be used.

Filing Requirements

  • The appropriate page from UST Form 101-11(V)-NDR must be used.
    The document must be signed by the trustee.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Trustee/US Trustee

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Ch 11 Subch V Trustee's Report of No Distribution event from the list (see General Information above) and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight the Trustee and click Next.

7. Browse to select the pdf file. Click Next.

8. Enter any dollar amounts requested and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.