On December 21, 2020, the United States Trustee Program issued a final rule in accordance with 28 U.S.C. § 589b establishing Uniform Chapter 11 Monthly Operating Reports and Post-Confirmation Quarterly Reports by all Non-Small Business Chapter 11 debtors. Debtors who are Small Businesses or who, in accordance with the CARES Act, elect relief under Subchapter V of Chapter 11 are not required to use these forms.

Using the new uniform forms is mandatory for all Chapter 11 Non-Small Business debtors report filings on or after June 21, 2021. The data-enabled nature of the forms requires the forms 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. Until the effective date, however, filers can continue to use their current forms.

New CM/ECF events have been created to allow for the filing of monthly operating reports.

       Filers in Non-Small Business cases should follow the path outlined below to file the appropriate reports:

           -   Bankruptcy > Other Events > Chapter 11 Monthly Operating Report

             -   Bankruptcy > Other Events > Chapter 11 Post-Confirmation Report

      Filers in Small Business and Subchapter V cases should follow the path outlined below to file the appropriate report:

            -   Bankruptcy > Other Events > Small Business Monthly Operating Report

For more information, refer to Chapter 11 Operating Reports on the USTP's resource page at www.justice.gov/ust/chapter -11-operating-reports; where you will find information for completing and filing the new data-enabled forms.