CACB — Subchapter V Status Report (F2015-3.1.SUBV_.STATUS.RPT_)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F2015-3.1.SUBV_.STATUS.RPT_.pdf

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

☐Individual appearing without attorney ☐Attorney for:

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - SAN FERNANDO VALLEY DIVISION

In re: CASE NO.

CHAPTER 11 (Subchapter V)

SUBCHAPTER V STATUS REPORT

Status Conference:

DATE: TIME:

COURTROOM:

Status Conference Location:

☐ 255 East Temple Street, Los Angeles, CA 90012

☐ 411 West Fourth Street, Santa Ana, CA 92701

☐ 21041 Burbank Boulevard, Woodland Hills, CA 91367

☐ 1415 State Street, Santa Barbara, CA 93101

☐ 3420 Twelfth Street, Riverside, CA 92501

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
March 2021 F 2015-3.1.SUBV.STATUS.RPT
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TO THE UNITED STATES BANKRUPTCY COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, THE SUBCHAPTER V TRUSTEE, ALL PARTIES IN INTEREST, AND THEIR COUNSEL:

PLEASE TAKE NOTICE that the debtor and debtor-in-possession in this case

(“Debtor”) is proceeding under subchapter V of chapter 11 of Title 11 of the United States Code (“Bankruptcy Code” or “U.S.C.”),1 and the Bankruptcy Court will hold a status conference at the date, time, and place set forth above. The Debtor is filing this Status Report pursuant to 11 U.S.C. § 1188(c) and LBR 2015-3(b).2 Check your presiding judge’s procedures to see if, in addition to this Status Report, you must also file Local Form F 2081-1.1.C11.STATUS.RPT, or any other form of Status Report.

1. The Plan:

   1.1 What type of plan will the Debtor propose?

   ☐ Consensual (i.e., with agreement or consent of creditors and other interested parties) ☐ Nonconsensual3 ☐ Undetermined

   1.2 Explain why the Debtor expects the plan to be consensual or nonconsensual, or the reason why it is undetermined at this time:

   1.3 Will the Debtor file the plan within the deadline of 90 days from the petition date imposed by § 1189(b)?

   ☐ Yes ☐ No

   If “No,” explain why, and state when the Debtor will file its4 plan:

   1 Subchapter V of chapter 11 (11 U.S.C. §§ 1181-1195) was adopted by the Small Business

Reorganization Act of 2019, Pub. L. No. 116-54, and became effective on February 19, 2020. All references to “Section” or “§” are to the Bankruptcy Code or Title 11 of the United States Code. 2 “Not later than 14 days before the date of the status conference under subsection (a), the debtor shall file with the court and serve on the trustee and all parties in interest a report that details the efforts the debtor has undertaken and will undertake to attain a consensual plan of reorganization.” 11 U.S.C. § 1188(c). 3 The term “nonconsensual plan” for purposes of this Status Report means a plan confirmed under § 1191(b). 4 In this Status Report, “it” in referring to the Debtor also refers to “him” or “her.” This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 2 -

1.4 Please summarize the basic nature of the plan:

2. Efforts Toward Consensual Plan:5

   2.1 Describe the efforts the Debtor has taken so far to obtain the consent of creditors for a consensual plan:

   2.2 Describe the efforts the Debtor will take in the future to obtain the consent of creditors for a consensual plan:

   2.3 Describe the efforts that Debtor has taken so far to reach out to creditors and other parties in interest about a plan, and if none, explain the Debtor’s reasons for not reaching out to creditors and parties in interest about a plan:

   2.4 Identify the parties with whom the Debtor has discussed a plan. Select all that apply:

   ☐ Secured creditors ☐ Priority creditors ☐ Unsecured creditors ☐ Equity interest holders ☐ The subchapter V trustee ☐ Others (describe: )

3. Appointment of Committees and Disclosure Statement:

   3.1 In the Debtor’s view, is there any “cause” for the Court to order the appointment of a committee of creditors pursuant to § 1181(b) and § 1102(b)?

   ☐ Yes ☐ No

   5 This Status Report does not ask the Debtor to disclose any confidential, secret, and/or

privileged information. See generally 11 U.S.C. § 1188(c). Please govern your responses accordingly. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 3 -

Explain your answer:

3.2 In the Debtor’s view, is there any “cause” for the Court to order the filing of
a separate disclosure statement pursuant to § 1181(b) and § 1125?

☐ Yes
☐ No

Explain your answer:

4. Reporting Compliance:

   4.1 Has the Debtor filed all the documents required under § 1187(a)?6

   ☐ Yes ☐ No

   If “No,” identify the documents that were required to be filed7 but were not:

   ☐ (a) the Debtor’s most recent balance sheet

   ☐ (b) the most recent statement of the Debtor’s operations

   ☐ (c) the Debtor’s most recent cash-flow statement

   ☐ (d) the Debtor’s most recent Federal income tax return

   Has the Debtor filed a statement under penalty of perjury that the Debtor has not prepared a balance sheet, statement of operations, and/or cash- flow statement and/or that Debtor has not filed its Federal income tax return as required by § 1116(1)(B)?

   ☐ Yes ☐ No ☐ Not applicable

   6 The filing of this Status Report does not relieve the Debtor of the requirements of 11 U.S.C.

§ 1187(a) and § 1116(1)(A) to append the required documents to the bankruptcy petition. 7 Section 1116(1) requires these documents to be “append[ed] to the voluntary petition.” This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 4 -

If “Yes,” identify each unprepared or unfiled document, and explain why the document was not prepared or filed and how the Debtor intends to prepare or file the document:

4.2 Has the Debtor filed all Small Business Monthly Operating Reports
(Official Form B 425C) (“MORs”) as required under § 308?

☐ Yes
☐ No

If “No,” or if portions of the MORs are deficient, identify which portions are
deficient or not reported fully:

☐ (a) Reports regarding Debtor’s profitability

☐ (b) Reports regarding reasonable approximations of projected cash
receipts and disbursements over a reasonable period

☐ (c) Reports regarding comparisons of actual cash receipts and
disbursements with projections in prior reports

☐ (d) Reports regarding whether the Debtor is (i) in compliance in all
material respects with postpetition requirements imposed by the
Bankruptcy Code and the Federal Rules of Bankruptcy Procedure,
and (ii) timely filing tax returns and other required government
filings and paying taxes and other administrative expenses when
due

☐ (e) Reports regarding Debtor’s failure to make either of the reports
in the immediately preceding paragraph (d) (as required by
§ 308(b)(5))

☐ (f) Reports regarding such other matters as are in the best interests
of the Debtor and creditors, and in the public interest in fair and
efficient procedures under chapter 11

For any deficiencies in the MORs, identify each specific portion that is
deficient, and explain why it is deficient and how Debtor intends to correct
the deficiency:

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 5 -

5. Other Code Compliance:

   5.1 Did the Debtor attend the initial debtor interview, the § 341(a) meeting of creditors, and otherwise comply with § 1116(2)?

   ☐ Yes ☐ No

   If “No,” explain why and when the Debtor intends to comply with these

   requirements:

   5.2 Has the Debtor filed all schedules and statements of financial affairs, or otherwise complied with exceptions or extensions in § 1116(3)?

   ☐ Yes ☐ No

   If “No,” explain why and when the Debtor intends to comply with these

   requirements:

   5.3 Has the Debtor maintained insurance customary and appropriate to the industry, subject to § 363(c)(2), in compliance with § 1116(5)?

   ☐ Yes ☐ No

   If “No,” explain why and when the Debtor intends to comply with this

   requirement:

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 6 -

5.4 Has the Debtor timely filed tax returns and other governmental filings with the appropriate governmental entities, and paid all taxes entitled to administrative expense priority required to be paid under § 1116(6)?

☐ Yes
☐ No

If “No,” explain why the Debtor has not timely filed tax returns and other
governmental filings or paid all required administrative expense priority
taxes and when the Debtor intends to comply with these requirements:

5.5 Has the Debtor allowed the United States Trustee to inspect the Debtor’s
premises, books, and records, and otherwise complied with § 1116(7)?

☐ Yes
☐ No

If “No,” explain why and when the Debtor intends to comply with this
requirement:

6. Cash Collateral:

   6.1 Does any entity assert that any property of the bankruptcy estate constitutes its cash collateral?

   ☐ Yes ☐ No

   If “Yes,” identify each such entity and what is the property that the entity

   asserts is its cash collateral.

   6.2 Is the Debtor currently using, selling, and/or leasing any property of the bankruptcy estate that any entity contends is its cash collateral?

   ☐ Yes ☐ No

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 7 -

If “Yes,” identify each such entity and what is the property that the entity asserts is its cash collateral.

6.3 Since the filing of this bankruptcy case, has the Debtor used, sold, and/or
leased any property of the bankruptcy estate that an entity contends is its
cash collateral?

☐ Yes
☐ No

If “Yes,” identify each such entity and what is the property that the entity
asserts is its cash collateral.

6.4 Has the Court approved any orders authorizing the use of cash collateral?

☐ Yes
☐ No

6.5 Has every entity having any interest in cash collateral that is property of
the bankruptcy estate consented to its use?

☐ Yes
☐ No
☐ Not applicable

7. “First Day” Motions:

   7.1 Has the Debtor filed any of the following “first day” motions, if applicable:

   ☐ Cash collateral ☐ DIP financing ☐ Prepetition non-insider wage payments ☐ Cash management authority ☐ Utilities ☐ Limit notice ☐ Joint administration ☐ Critical vendor ☐ Others:

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 8 -

7.2 Do prepetition plan support agreements exist?

☐ Yes
☐ No

If “Yes,” attach copies to this Status Report.

8. Additional Information:

   8.1 What additional information would the Debtor like to disclose to the Court concerning this chapter 11 case or the plan (e.g., executory contracts or unexpired leases, extending bar date for proofs of claims or interests, sale or surrender of real and/or personal property, the Debtor’s exit strategy)?

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 9 -

Dated: ________________ Respectfully submitted,

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Name of Debtor’s Counsel

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Signature of Debtor’s Counsel

Name of Law Firm: Address:

Telephone number: Email Address:

I/we declare, under penalty of perjury, that I/we have read and reviewed all of the information provided in this Status Report and that it is true, correct, and accurate.

Dated: ________________

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Name of Debtor/Debtor Representative

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Relation to Debtor

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Signature of Debtor/Debtor Representative

Dated: ________________

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Name of Co-Debtor (if any)

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Signature of Co-Debtor

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. March 2021 F 2015-3.1.SUBV.STATUS.RPT - 10 -