A debtor's affidavit shall be filed in each chapter 11 case and in any case converted to chapter 11 from chapter 7, 12 or 13.
(a) Contents of Affidavit. A debtor in a chapter 11 case shall file an original and one copy of an affidavit setting forth:
(1) the nature of the debtor's business and a concise statement of the circumstances leading to the debtor's filing under chapter 11;
(2) if the debtor failed to file its summary of schedules with the initial filing, a summary of the debtor's assets and liabilities;
(3) a list of all property of the debtor in the possession or custody of any custodian, public officer, mortgagee, pledgee, assignee of rents or secured creditor or agent for any such person, giving the name, address and telephone number of such person and the court, if any, in which a proceeding relating thereto is pending;
(4) if the debtor failed to file its schedule A (real property) or schedule G (statement of executory contracts and unexpired leases) with the initial filing, a list of premises owned, under lease or held under other arrangement from which the debtor operates its business; and
(5) if the debtor failed to file its statement of financial affairs with the initial filing, the location of the debtor's substantial assets, the location of its books and records and the nature, location and value of assets, if any, held by the debtor outside the territorial limits of the United States.
(b) Additional Information if Business Continues. If the debtor intends to continue the operation of its business, the affidavit shall so state and set forth:
(1) the estimated amount of the weekly payroll payable to employees (exclusive of the officers, partners, stockholders and directors) for the 30 day period following the filing of the chapter 11 petition;
(2) the amount paid and proposed to be paid for services for the 30 day period following the filing of the chapter 11 petition:
(A) if a corporation, to officers, stockholders and directors;
(B) if an individual or a partnership, to the individual or the members of the partnership; and
(C) if a consultant has been retained, to such consultant.
(3) a schedule setting forth for the 30 days following the filing of the petition: estimated cash receipts and disbursements, net cash gain or loss, accrued but unpaid obligations, other than professional fees, and any other information relevant to an understanding of the foregoing.
(c) When to File. In a voluntary chapter 11 case, the affidavit shall be filed within five days of the filing of the petition. In an involuntary chapter 11 case, the affidavit shall be filed within five days after entry of the order for relief or after the filing of a consent to the petition, whichever is earlier.
(d)
Waiver of Requirements. On application of the debtor and notice to the
United States trustee showing that it is impracticable or impossible to
furnish any of the foregoing information, the court may dispense with any
of the foregoing provisions, except that the affidavit shall contain the
information required by paragraphs (1) and (2) of subsection (a) of this
rule.
Comment
This rule supplements
FRBP 1007 and should be read in conjunction with Local Bankruptcy Rule
1019-1(f) when a case converts to chapter 11.