CACB — Conference Report (initial) (F2081-1.CH11STATUSRPT)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F2081-1.CH11STATUSRPT.pdf

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

Individual(s) appearing without attorney
Attorney(s) for:
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISION DIVISION

In re: CASE NO.: CHAPTER: 11

CHAPTER 11 STATUS

CONFERENCE REPORT (INITIAL)

Case Status Conference DATE: TIME:

COURTROOM: Debtor(s).

INSTRUCTIONS TO THE DEBTOR(S)

(1) Keep your answers brief but informative (use continuation sheets if necessary, numbered to match the items in this report). (2) Do not use this form (a) for later status reports, which should include only short updates, or (b) if the judge presiding over this case requires the use of a different procedure. (3) You must file and serve this report at least 14 days before the status conference listed above. Serve it on the Office of the United States Trustee and on any parties requesting special notice, or as otherwise directed by the court. (4) Failure to follow these instructions may result in dismissal of this case or other sanctions without further notice.

Definitions: "Section" ("§") refers to a section of the Bankruptcy Code, Title 11 of the United States Code (11 U.S.C.); a "Rule" means one of the Federal Rules of Bankruptcy Procedure; "LBR" means the Local Bankruptcy Rules; and other terms have the meanings provided in the Bankruptcy Code, the Rules, and the LBR.

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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A. OVERVIEW

1. Bankruptcy Petition Date filed: //20__

2. Background and Exit Strategy (discuss all Explain:
below)
a. The Debtor’s business/employment;
b. principal assets/ liabilities (including
possible avoidance actions, environmental
liabilities, etc.);
c. what caused the bankruptcy;
d. exit strategy (for resolving the principal
financial and legal issues); and
e. progress made toward consensual
resolution of any disputed issues.
Example: “the Debtor owns a four-unit
apartment building worth approx. $, 1st
deed of trust approx. $, 2nd deed of
trust approx. $________. The Debtor lives in
one unit and is employed as building manager.
Two tenants stopped paying rent. Debtor plans
to complete evictions, obtain paying tenants, See attached continuation page(s).
and strip off second deed of trust."
3. Petition Document Compliance
No (explain):
a. Has the Debtor filed all bankruptcy
schedules, the Statement of Financial
Affairs (“SOFA”), and all other documents
required by 11 U.S.C. § 521, Rule 1007,
and LBR 1007-1 (e.g., any tax returns
required by 11 U.S.C. § 521(f), with social
security numbers, names of minor children,
and other sensitive information blacked out
per 11 U.S.C. § 107, § 112, or Rule 9018?);
and
b. has the Debtor complied with all applicable
guidelines established by the U.S. Trustee? See attached continuation page(s).
Yes

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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B. COMMON “FIRST DAY” MATTERS

1. Cash Collateral Use (11 U.S.C. § 363(c)) No, other reason (explain):
a. Did the Debtor file a stipulation/motion for
use of cash collateral (see local form
F 2081-2.1.MOTION.CASH.COLLATERAL)
with local form F 4001-2.STMT.FINANCE?
Yes
b. Did the court approve the requested use of
cash collateral?
Yes (see Order at docket no. ).

No, there is no cash that any entity can
See attached continuation page(s). claim as its cash collateral.

2. Budget motion No, other reason (explain):
Has the Debtor filed a budget motion? See
Local Form F 2081-2.2.MOTION.BUDGET.
Yes
No, not required by the presiding See attached continuation page(s). judge's procedures

3. Insider compensation and transfers Yes (explain):
Has the Debtor paid any compensation or
made any other transfers after this case was
filed to or for the benefit of:
(1) Any insider,
(2) Any owner, partner, officer, director or
shareholder of the Debtor, or
(3) Any relative of an insider (as defined in
11 U.S.C. § 101(31))
except as permitted per LBR 2014-1 and Form
USTLA-12?
See attached continuation page(s). No
4. Automatic stay (11 U.S.C. § 362(c)(3)&(4)) Other (explain):
Is the Debtor an individual who has had one or
more bankruptcy cases dismissed within 1 year
before this case was filed?
No; or
Yes, and, for one qualifying dismissal, the
Debtor will have “completed” a hearing to
continue the automatic stay within 30 days after
this case was filed under § 362(c)(3); or
Yes, and, for two or more qualifying
dismissals, the Debtor will have filed a motion
See attached continuation page(s). to impose the stay within 30 days after this
case was filed, under § 362(c)(4). See LBR
4001-2(e), and Local Form F 4001-
1.IMPOSE.STAY.MOTION.

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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B. COMMON “FIRST DAY” MATTERS

5. Utilities (11 U.S.C. § 366) (see Local Form F No, other reason (explain): 2081-2.4.MOTION.UTILITIES)
Was a utility motion:
(1) Filed within 20 days after this case was
filed and
(2) Set for hearing within 30 days after this
case was filed?
Yes
No, the Debtor has determined that no
See attached continuation page(s). utility motion is needed

C. LIEN AVOIDANCE Check here and skip this section if the Debtor does NOT contemplate
any lien avoidance.

1. “Lien Stripping” Yes (explain):
Does the Debtor intend to avoid any unsecured
or under-secured liens under 11 U.S.C. § 506
(including motions per In re Lam, 211 B.R. 36
(9th Cir. BAP 1997)(“Lam motions”))?
See attached continuation page(s). No
2. Judicial Liens (see Local Form F 4003- Yes (explain):
2.1.AVOID.LIEN.RP.MOTION and 4003-
2.2.AVOID.LIEN.PP.MOTION)
Does the Debtor intend to avoid any judicial
liens under 11 U.S.C. § 522(f)?
No
See attached continuation page(s).

D. PROFESSIONALS (see Local Forms F 2014-1.STMT.DISTINTEREST.PROF (statement of
disinterestedness), F 2081-2.5.MOTION.EMPLOY.GEN.COUNSEL, and
F 2081-2.5.MOTION.EMPLOY.OTHER)

Professional’s Name Employment App. Filed Employment Approved Type of Employment

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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D. PROFESSIONALS (see Local Forms F 2014-1.STMT.DISTINTEREST.PROF (statement of disinterestedness), F 2081-2.5.MOTION.EMPLOY.GEN.COUNSEL, and F 2081-2.5.MOTION.EMPLOY.OTHER)

Professional’s Name Employment App. Filed Employment Approved Type of Employment

See attached continuation page(s)
EXAMPLES:
John Doe, Esq. 1/1/2050 1/7/2050 11 U.S.C § 327(a)
general bankruptcy
counsel
Jane Roe et al., LLP 1/4/2050 to UST, app. to 11 U.S.C. §§ 327(e) & be filed 328(a) (special counsel,
contingent fee, contract
dispute)
Richard Poe, 1/3/2050 Pending 11 U.S.C. § 327(a) Accountant (accountant)

E. PROPOSED DEADLINES / PROCEDURES
1. Proofs of claim filing deadline Proposed claims filing bar date: //__ The court will address the deadline to serve a
bar date notice at the status conference.

2. Plan of reorganization (or liquidation)
The court will address plan-related procedures Proposed deadline to file a proposed plan and at the status conference. Debtor should be disclosure statement: //__ prepared to discuss time estimates for filing a
proposed plan and disclosure statement.

3. Special Plan Procedures Yes (explain):
Does the Debtor propose special procedures in
connection with any plan or disclosure
statement, such as a combined hearing on final
approval of the disclosure statement and
confirmation of the plan (11 U.S.C
§ 105(d)(2)(B)(vi))?
See attached continuation page(s). No

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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NOTE TO THE DEBTOR: YOU MUST ANSWER ALL APPLICABLE QUESTIONS ON THE ATTACHED PAGES, which deal with very important but less common issues in Chapter 11 cases, such as more "first day" matters, and cases that might be "single asset real estate" cases, or involve "small businesses," or "health care businesses".

Date: _____________ Respectfully submitted,

Signature of: (1) Debtor’s Attorney or (2) Debtor(s)

Printed name

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

December 2016 Page 6 F 2081-1.1.C11.STATUS.RPT

PART II: ADDITIONAL QUESTIONS

INSTRUCTIONS: The following matters may not apply in every case, but are very important if they
apply to your case. You must complete every section.

A. LEASES AND CONTRACTS Check here and skip this section if the Debtor is NOT a
party to any unexpired leases or unexpired (“executory”) contracts (e.g., if the Debtor is a landlord or
a tenant).
NOTE: This Status Report is a statement of the Debtor’s present intention. It is not equivalent to a motion
(if one is required).

1. Lease or contract (describe): Intention:
Reject
Assume
Assume and assign (per 11 U.S.C. § 365)
Other (explain):

See attached continuation page(s). See attached continuation page(s).

2. Lease or contract (describe): Intention:
Reject
Assume
Assume and assign (per 11 U.S.C. § 365)
Other (explain):

See attached continuation page(s). See attached continuation page(s).

3. Lease or contract (describe): Intention:
Reject
Assume
Assume and assign (per 11 U.S.C. § 365)
Other (explain):

See attached continuation page(s). See attached continuation page(s).

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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B. ADDITIONAL “FIRST DAY” MATTERS Check here and skip this section if there are NO “first day” matters (caution: double-check the types of motions listed below and read LBR 2081- 1).

1. Immediate Payment of Payroll Yes (explain): Does the Debtor need to pay prepetition
payroll/benefits (see Local Form F 2081-
2.3.MOTION.PAYROLL)?
No, the Debtor does not have
employees/qualified independent contractors;
or See attached continuation page(s).
No, the Debtor’s workers were paid in full in
cash at the time this case was filed.

2. Debtor-in-Possession (DIP) Financing Yes (explain):
Does the Debtor contemplate seeking post-
petition financing (11 U.S.C. § 364)?
No See attached continuation page(s).

3. Bank Accounts and Cash Management Yes (explain):
Is the Debtor seeking authority to maintain pre-
petition bank accounts, or approval of any other
cash management system?
No See attached continuation page(s).

4. Extension to File Petition Documents Yes (explain):
Will the Debtor seek more time to file
bankruptcy schedules (“Schedules”) or
Statement of Financial Affairs (“SOFA”)?
No (not necessary) See attached continuation page(s).

5. Special Noticing procedures Yes (explain):
Will the Debtor seek to limit notice (or establish
special noticing procedures)?
No See attached continuation page(s).

6. Customer Deposits Yes (explain):
Will the Debtor seek authority to honor
customer deposits/obligations?
No See attached continuation page(s).
7. Reclamation Claims Yes (explain):
Will the Debtor seek procedures for handling
reclamation claims (including claims under 11
U.S.C. §§ 503(b)(9) & 546(c))?
No See attached continuation page(s).

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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8. Omnibus Hearings Yes (explain): Will the Debtor seek regularly scheduled omnibus hearing dates? No See attached continuation page(s). 9. Immediate Payment of Taxes Yes (explain): Will the Debtor seek authority to pay taxes incurred before this case was filed? No See attached continuation page(s). 10. Sale Procedures Yes (explain): Does the Debtor contemplate selling assets out of the ordinary course of business (see LBR 6004-1)? See attached continuation page(s). No 11. Employee Incentive/Severance Plans Yes (explain): Will the Debtor seek to use incentive or severance plans for employees? No See attached continuation page(s). 12. Joint Case Administration Yes (explain): Will the Debtor seek joint administration of this case with another case? No, there is no related case. See attached continuation page(s). 13. Claims/Noticing Agent Appointment Yes (explain): Will the Debtor seek appointment of a claims/noticing agent (see Local Form F 5075- 1.1)? See attached continuation page(s). No 14. Confidential Information Yes (explain): Will the Debtor seek approval of an information access protocol under 11 U.S.C. § 1102(b)(3), or to file documents under seal (see LBR 5003- 2(c))? See attached continuation page(s). No 15. Special Committees Yes (explain): Are special committees needed (e.g., retirees) (11 U.S.C. §§ 1102(a)(2), 1114(d)); or, if this is a small business case, should the court order that no committee be appointed (11 U.S.C. § 1102(d))? See attached continuation page(s). No 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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16. Other First Day Motions Yes (explain): Does the Debtor contemplate any other “first day” motions (whether or not listed in LBR 2081-1) – e.g., a “critical vendor” motion? No See attached continuation page(s).

    C. CONSUMERS’ CONFIDENTIAL INFORMATION Check here and skip this section if (a) the Debtor does NOT have possession, custody, or control of consumers’ confidential information (e.g., “personally identifiable information” per 11 U.S.C. § 101(41A)) and (b) that cannot be reasonably disputed (if it could be disputed, explain below). 1. Privacy Ombudsman Appointment No (explain): Should a “consumer privacy ombudsman” be appointed (11 U.S.C. § 332)? See attached continuation page(s). Yes 2. Costs of Record Maintenance or Explain: Destruction How will the Debtor arrange and pay for the maintenance, transfer, or destruction of See attached continuation page(s). consumers’ confidential information?

    D. SINGLE ASSET REAL ESTATE (“SARE”) CASE Check here and skip this section if (a) this is NOT a “single asset real estate” case (11 U.S.C. § 101(51B)) and (b) that cannot be reasonably disputed (if it could be disputed, explain below). 1. Interest Payments to Secured Creditor(s) Explain: Has the Debtor commenced paying postpetition interest to secured creditor(s), at the non- default interest rate, on the value of their interest in the real estate? Yes No, but the Debtor will do so within 90 See attached continuation page(s). days after the commencement of this case. 2. Plan Filing Explain: Has the Debtor filed “a plan of reorganization that has a reasonable possibility of being confirmed within a reasonable time” within the meaning of 11 U.S.C. § 362(d)(3)? Yes No, but the Debtor will do so within 90 See attached continuation page(s). days after the commencement of this case. 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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E. SMALL BUSINESS Check here and skip this section if (a) the Debtor is NOT a “small business debtor” (11 U.S.C. § 101(51D)) and (b) that cannot be reasonably disputed (if it could be disputed, explain below).

1. Small Business Duty Compliance No (explain):
Has the Debtor complied with all the duties in
11 U.S.C. § 1116 (including but not limited to
maintaining adequate insurance and filing its
most recent balance sheet, statement of
operations, cash-flow statement, and Federal
income tax return)?
Yes See attached continuation page(s).

2. United States Trustee Inspection No (explain):
Has the United States Trustee inspected the
Debtor’s books, records and business premises
(per 11 U.S.C. § 1116(7))?
See attached continuation page(s). Yes

3. United States Trustee Interview No (explain):
Has the Debtor completed the “initial debtor
interview” with the United States Trustee (28
U.S.C. § 586(a)(7))?
See attached continuation page(s). Yes

4. Report Scheduling Monthly
What schedule does the Debtor propose for Other (explain):
filing the “periodic financial and other reports”
required by 11 U.S.C. § 308 (e.g., monthly with
MORs)? See attached continuation page(s).

5. Automatic Stay No (explain):
Is the automatic stay applicable? See 11
U.S.C. § 362(n)(1) (which might eliminate the
automatic stay if the Debtor was previously a
small business debtor, or acquired substantially
all of the assets or business of a small business
debtor)?
Yes, the automatic stay applies.
No, the automatic stay does not apply, but
the Debtor will seek relief under 11 U.S.C. See attached continuation page(s).
§ 362(n)(2).

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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F. HEALTH CARE BUSINESS Check here and skip this section if (a) the Debtor is NOT a “health care business” (11 U.S.C. § 101(27A)) and (b) that cannot be reasonably disputed (if it could be disputed, explain below).

1. Patient Care Ombudsman Yes (explain):
Is appointment of a patient care ombudsman
required (11 U.S.C. § 333)?
No
See attached continuation page(s).

2. Costs of Patient Care or Transfer Explain:
How will the Debtor arrange and pay for proper
care or transfer of any patients, in the event
that the Debtor’s health care business is closed
(see 11 U.S.C. § 704(a)(12), incorporated by
11 U.S.C. § 1106(a)(1))? See attached continuation page(s).

G. EMPLOYEE BENEFIT PLANS Check here and skip this section if there is NO employee
benefit plan (per 11 U.S.C. § 704(a)(11), incorporated by 11 U.S.C. § 1106(a)(1))?

1. Debtor’s Plan Duties Yes (explain):
Was the Debtor, or any entity designated by the
Debtor, an “administrator” of such a plan as of
the commencement of this case?
No See attached continuation page(s).

2. Plan Administration Explain:
What steps will the Debtor take to continue to
administer such plan (11 U.S.C. §§ 521(a)(7),
704(a)(11), 1106(a)(1))?
See attached continuation page(s).

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

December 2016 Page 12 F 2081-1.1.C11.STATUS.RPT