CACB — [11 U.S.C. § 350(a) and 1101(2); FRBP 3022; LBR 3022-1] (F3022-1.1MOTIONCLOSECH11CASE)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3022-1.1MOTIONCLOSECH11CASE.pdf

Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Nos., State Bar No. & Email Address

Movant appearing without an attorney Attorney for Movant

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISIONDIVISION

In re: CASE NO.: CHAPTER: 11

NOTICE OF MOTION AND MOTION IN

CHAPTER 11 CASE FOR THE ENTRY OF:

A FINAL DECREE AND ORDER CLOSING CASE; OR AN ORDER CLOSING CASE ON INTERIM BASIS [11 U.S.C. § 350(a) and 1101(2); FRBP 3022; LBR 3022-1]

No hearing unless requested under LBR 9013-1(o)(4) Hearing Information: DATE: TIME:

COURTROOM: ADDRESS:

Debtor(s).

PLEASE TAKE NOTICE THAT the Reorganized Debtor or chapter 11 trustee requests the entry of a final decree and/or an order closing a chapter 11 case in which a plan of reorganization was confirmed.

Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and serve a written response. If you fail to timely file and serve a written response, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief. You must serve a copy of your opposition upon the Reorganized Debtor, the Reorganized Debtor’s attorney, the United States trustee, and on the judge pursuant to LBR 5005-2(d) and the Court Manual.

1. No Hearing Scheduled; Notice Provided under LBR 9013-1(o): This Motion is filed by the Debtor pursuant to LBR 9013-1(o), which provides for granting of motions without a hearing. The full Motion is attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a

   This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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written response and request for hearing with the court and serve it as stated above, no later than 14 days after the date stated on the Proof of Service of this Motion plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). Your opposition must comply with LBR 9013-1(f) and (o).

2. Hearing Set on Regular Notice; Notice Provided under LBR 9013-1(d): This Motion is set for hearing on regular notice pursuant to LBR 9013-1(d). The full Motion and supporting documentation are attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response with the court and serve it as stated above no later than 14 days prior to the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the hearing date and time selected were available for this type of Motion according to the judge’s self-calendaring procedures [LBR 9013- 1(b)].

3. Other (specify):

   Date: Signature of Reorganized Debtor or trustee

   Printed name of Reorganized Debtor or trustee

   Date: Signature of attorney for Reorganized Debtor or trustee, if any

   Printed name of attorney for Reorganized Debtor or trustee, if any

   This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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MOTION IN CHAPTER 11 CASE FOR ENTRY OF:

A FINAL DECREE AND ORDER CLOSING CASE; OR AN ORDER CLOSING CASE ON AN INTERIM BASIS

1. Movant is the: Reorganized Debtor Chapter 11 trustee

2. Postconfirmation Status of Bankruptcy Case: Pursuant to 11 U.S.C. § 1101(2), FRBP 3022, and applicable case law and except as noted in the Declaration:

   a. The order confirming the plan of reorganization is final; b. All deposits required by the plan have been distributed; c. All property proposed by the plan to be transferred has been transferred; d. The Debtor or successor to the Debtor under the plan has assumed the business or the management of the property dealt with by the plan; e. All payments or other distributions under the plan have commenced; and f. All motions, contested matters, and adversary proceedings have been finally resolved.

3. Relief Requested (check one box only):

   a. Motion for Entry of Final Decree In a Case that Has Been Fully Administered: Movant requests the entry of a final decree because the chapter 11 plan has been substantially consummated and the bankruptcy case has been fully administered pursuant to 11 U.S.C. §§ 350(a), 1101(2), FRBP 3022, and applicable case law.

   b. Motion for Entry of an Order Closing the Case on an Interim Basis: Movant requests the entry of an order closing this bankruptcy case on an interim basis. Though the chapter 11 plan has been substantially consummated, the bankruptcy case cannot be fully administered at this time. At a later time, a motion to reopen the bankruptcy case will be filed so that a motion for entry of discharge (or other motion or contested matter) may be filed and resolved.

4. Evidence in Support of Motion: Movant includes as evidence the declaration and any exhibits.

Based on the foregoing, movant requests the court grant the relief requested.

Date: ______________________________________________________________ Signature of Reorganized Debtor or trustee, or attorney for Reorganized Debtor or trustee

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Printed name of Reorganized Debtor or trustee, or attorney for Reorganized Debtor or trustee

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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DECLARATION IN SUPPORT OF MOTION IN CHAPTER 11 CASE FOR ENTRY OF A FINAL DECREE AND ORDER CLOSING CASE, OR AN ORDER CLOSING CASE ON AN INTERIM BASIS

1. Name of Declarant and Foundation for Personal Knowledge:

   a. I, (name) __________________________________________________________________________________, make the following declaration in support of this motion.

   b. (1) I have personal knowledge of the following facts because I am the: Reorganized Debtor Chapter 11 trustee (2) I am related to this bankruptcy case as the _________________________________________________, and I have personal knowledge of the following facts because (specify):

2. Postconfirmation Status of Bankruptcy Case: except as noted in the following paragraph, a. The order confirming the plan of reorganization is final; b. All deposits required by the plan have been distributed; c. All property proposed by the plan to be transferred has been transferred; d. The Debtor or successor to the Debtor under the plan has assumed the business or the management of the property dealt with by the plan; e. All payments or other distributions under the plan have commenced; and f. All motions, contested matters, and adversary proceedings have been finally resolved.

3. Exceptions (if any):

4. Facts Regarding Full Administration of Bankruptcy Case (check one box only): a. The Bankruptcy Case Has Been Fully Administered: All motions, contested matters, and adversary proceedings have been finally resolved. b. The Bankruptcy Case Has Not Been Fully Administered: All adversary proceedings have been resolved, but all motions and contested matters have not been finally resolved. It is contemplated that, at a later time, a motion to reopen the bankruptcy case will be filed so that a motion for discharge (or other motion or contested matter) may be filed and resolved.

5. Exhibits (if any). The following exhibits support facts asserted in this declaration: Exhibit A: Exhibit B: Exhibit C: Exhibit D:

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date Printed Name Signature

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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