(a) Reporting Requirement. In a chapter 11 case, the trustee or debtor in possession shall file periodic financial reports of the value, operations, and profitability of each entity that is not a publicly traded corporation or a debtor in a case under title 11, and in which the estate holds a substantial or controlling interest. The reports shall be prepared as prescribed by the appropriate Official Form, and shall be based upon the most recent information reasonably available to the trustee or debtor in possession.
(b) Time for Filing; Service. The first report required by this rule shall be filed no later than seven days before the first date set for the meeting of creditors under § 341 of the Code. Subsequent reports shall be filed no less frequently than every six months thereafter, until the effective date of a plan or the case is dismissed or converted. Copies of the report shall be served on the United States trustee, any committee appointed under § 1102 of the Code, and any other party in interest that has filed a request therefor.
(c) Presumption of Substantial or Controlling Interest; Ju - dicial Determination. For purposes of this rule, an entity of which the estate controls or owns at least a 20 percent interest, shall be presumed to be an entity in which the estate has a substantial or controlling interest. An entity in which the estate controls or owns less than a 20 percent interest shall be presumed not to be an entity in which the estate has a substantial or controlling interest. Upon motion, the entity, any holder of an interest therein, the United States trustee, or any other party in interest may seek to rebut either presumption, and the court shall, after notice and a hearing, determine whether the estate’s interest in the entity is substantial or controlling.
(d) Modification of Reporting Requirement. The court may, after notice and a hearing, vary the reporting requirement established by subdivision (a) of this rule for cause, including that the trustee or debtor in possession is not able, after a good faith effort, to comply with those reporting requirements, or that the information required by subdivision (a) is publicly available.
(e) Notice and Protective Orders. No later than 14 days before filing the first report required by this rule, the trustee or debtor in possession shall send notice to the entity in which the estate has a substantial or controlling interest, and to all holders— known to the trustee or debtor in possession—of an interest in that entity, that the trustee or debtor in possession expects to file and serve financial information relating to the entity in accordance with this rule. The entity in which the estate has a substantial or controlling interest, or a person holding an interest in that entity, may request protection of the information under § 107 of the Code.
(f) Effect of Request. Unless the court orders otherwise, the pendency of a request under subdivisions (c), (d), or (e) of this rule shall not alter or stay the requirements of subdivision (a). (Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Reporting Requirement; Content of the Report. In a cChapter 11 case, the trustee or debtor in possession shallmust file periodic financial reports of the value, operations, and profitability of each entity that is not a publicly traded corporation or a debtor in a case under title 11, and in which the estate holds a substantial or controlling interestin which the estate holds a substantial or controlling interest-unless the entity is a publicly traded corporation or a debtor in a bankruptcy case. The reports shallmust be prepared as prescribed by the appropriate Official Form, and shallForm 426 and be based upon the most recent information reasonably available to the trustee or debtor in possessionfiler.
(b) Time forto Filinge; Service. The first report required by this rule shall be filed no later than sevenmust be filed at least 7 days before the first date set for the meeting of creditors under § 341 of the Code. Subsequent. Later reports shallmust be filed noat less frequently thanast every six6 months thereafter, until the effective date of a plan or the case is dismissed or converted. Copies of thebecomes effective or the case is converted or dismissed. A copy of each report shallmust be served on: • the United States trustee,; • any committee appointed under § 1102 of the Code,; and • any other party in interest that has filed a request therefor it.
(c) Presumption of a Substantial or Controlling Interest; Ju - dicial Determination. For purposes of.
(1) When a Presumption Applies. Under this rRule, an entity of which the estate controls or owns at least a 20 percent interest, shall be presumed to be an entity in which the estate has 2015.3, the estate is presumed to have a substantial or controlling interest. A in an entity inof which ithe estate controls or owns less than a 20 percent interest shall be presumed not to be an entity in which the estate hasat least a 20% interest. Otherwise, the estate is presumed not to have a substantial or controlling interest. Upon mo
(2) Rebutting the Presumption, t. The entity, any holder of an interest thereinin it, the United States trustee, or any other party in interest may seekmove to rebut either presumption, and the court shall, a. After notice and a hearing, the court must determine whether the estate’s interest in the entity is substantial or controlling.
(d) Modification ofying the Reporting Requirement. The court may, aAfter notice and a hearing, the court may vary the reporting requirement established by subdivision (a) of this rules of (a) for cause, including that:
(1) the trustee or debtor in possession is not able, after a good -faith effort, to comply with those reporting requirements, or that the information required by subdivision (a) is publicly available.
(e) Notice andem; or
(2) the required information is publicly available.
(e) Notice to Entities in Which the Estate has a Substantial or Controlling Interest; Protective Orders. No later thanAt least 14 days before filing the first report required by this ruleunder (a), the trustee or debtor in possession shallmust send notice to theevery entity in which the estate has a substantial or controlling interest, -and to all holders- known to the trustee or debtor in possession-known holders of an interest in thate entity, -that the trustee or debtor in possession expects to file and serve financial information relating toabout the entity in accordance with this rRule. The entity in which the estate has a substantial or controlling interest 2015.3. Any such entity, or a person holding an interest in that entity, may request protection ofthat the information under § 107 of the Codebe protected under § 107.
(f) Effect of a Request. Unless the court orders otherwise, thea pendency of aing request under subdivisions (c), (d), or (e) of this rule shalldoes not alter or stay the requirements of subdivision (a). (Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)