On December 21, 2020, the U.S. Trustee Program (USTP) promulgated a final rule entitled "Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11" (Final Rule). The Final Rule, authorized by 28 U.S.C. § 589b, requires chapter 11 trustees and debtors in possession - other than small business debtors - to file new streamlined and data-enabled uniform monthly operating reports (MORs) and post-confirmation reports (PCRs).

The Final Rule is effective for reports filed on or after June 21,2021. The data-enabled nature of the forms requires they be filed by a party with CM/ECF authority, most likely debtor's counsel. While the forms may be filed with the debtor's "/s/" signature, counsel must obtain and retain for at least five years a wet ink copy of the form signed by the client.

Please reach out to the U.S. Trustee office if you have questions or concerns about completing, filing, and serving the new forms. Contact Bob Raschke in Minneapolis at either Robert.Raschke@usdoj.gov or 612-334-1353.

The Final Rule will result in a change in practice in North Dakota by: (1) requiring a separate form for each debtor in jointly administered cases; and (2) requiring the MORs and PCRs to be filed on the case docket. CM/ECF events have been created or modified to electronically file these reports:

Chapter 11 Monthly Operating Report UST Form 11-MOR

Chapter 11 Post-Confirmation Report

Operating Report (existing event updated to direct filer to the correct event for chapter 11)

Small Business Operating Report (Directs filer to the correct event if not a chapter 11 small business)