Page 84 - Bankruptcy Volume 1

 Debtor questionnaire — miscellaneous questions pertaining to the development of Chapter 11
proceedings

The disbursement schedule of the MOR will provide the U.S. Trustee the data to assess the appropriate
quarterly fees owed to the U.S. Trustee for administering the debtor’s case. The quarterly fee is due to
the U.S. Trustee by the last day of the calendar month following the quarter for which the fee is owed. A
quarterly fee is required to be paid to the U.S. Trustee, even if no disbursements were made during the
quarter. Fees continue to be owed on a quarterly basis, up to and including the quarter in which the case
is concluded.

The current fee structure on a per debtor basis is as follows:

Total Quarterly Disbursements Quarterly Fee
$0 to $14,999.99 $325
$15,000 to $74,999.99 $650
$75,000 to $149,999.99 $975

$150,000 to $224,999.99 $1,625
$225,000 to $299,999.99 $1,950
$300,000 to $999,999.99 $4,875

$1,000,000 to $1,999,999.99 $6,500
$2,000,000 to $2,999,999.99 $9,750
$3,000,000 to $4,999,999.99 $10,400
$5,000,000 to $14,999,999.99 $13,000

$15,000,000 to $29,999,999.99 $20,000
$30,000,000 or more $30,000

After confirmation of the plan and prior to the entry of a final decree, the debtor, though no longer re-
quired to file an MOR, is required to file a quarterly postconfirmation operating report (PCOR) with the
bankruptcy court. The PCOR provides the U.S. Trustee and other interested parties a window into the
debtor’s postconfirmation financial condition, status of plan disbursements and overall compliance with
the requirements of the plan. Similar to the timing requirements of the MOR, the PCOR must be submit-
ted by the 20th of the month following the end of the current reporting period, unless alternative ar-
rangements have been made with the U.S. Trustee. Also, similar to the MOR, the form and content of
the PCOR can, at times, be negotiated with the U.S. Trustee to meet the needs and circumstances of a
particular debtor or case. Like the MOR, failure to properly file a PCOR can provide the basis for signif-
icant penalties, including dismissal of the case or conversion of the case to a Chapter 7 liquidation. The
requirements of the PCOR vary on a jurisdictional basis, but typically include the following:

 Cash balances at the beginning and end of the reporting period

 Total receipts and disbursements made during the reporting period

 Payments made pursuant to the plan during the reporting period

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