Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) authorizes the U.S. Trustee Program (USTP) to issue rules requiring uniform periodic reports by debtors in possession or trustees in non-small business cases under chapter 11. The USTP recently published in the Federal Register a notice of proposed rulemaking seeking public comment on the proposed rule and periodic report forms. The proposed rule is published as 79 Fed. Reg. 217, 66659 (Nov. 10, 2014) (to be codified at 28 C.F.R. pt. 58). The proposed rule, along with the proposed periodic report forms and instructions, may be viewed on the USTP’s site at www.justice.gov/ust/eo/rules_regulations/index.htm#proposed. The proposed rule may also be viewed at http://www.regulations.gov. All public comments must be submitted on or before Jan. 9, 2015, via www.regulations.gov. The proposed rule and forms only apply in chapter 11 cases filed by non-small businesses. Small business debtors are already required to use Official Form 25C, "Small Business Monthly Operating Report."
