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§ 308. Debtor reporting requirements

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(a) For purposes of this section, the term "profitability" means, with respect to a debtor, the amount of money that the debtor has earned or lost during current and recent fiscal periods.


(b) A debtor in a small business case shall file periodic financial and other re­ports containing information including—

(1) the debtor's profitability;

(2) reasonable approximations of the debtor's projected cash re­ceipts and cash disbursements over a reasonable period;

(3) comparisons of actual cash receipts and disbursements with projections in prior reports;

(4) whether the debtor is—

(A) in compliance in all material respects with postpetition re­quirements imposed by this title and the Federal Rules of Bankruptcy Procedure; and

(B) timely filing tax returns and other required government fil­ings and paying taxes and other ad­ministrative expenses when due;

(5) if the debtor is not in compliance with the requirements refer­red to in paragraph 4(A) or filing tax returns and other re­quired government filings and making the payments referred to in paragraph 4(A), what the failures are and how, at what cost, and when the debtor intends to remedy such failures; and

(6) such other matters as are in the best interests of the debtor and creditors, and in the public interest in fair and efficient pro­cedures under chapter 11 of this title.


(Added Pub. L. 109-8, Title IV, Subtitle B, § 434(a)(1), April 20, 2005, 119 Stat. 111; Pub. L. 111-327, § 2(a)(10), Dec. 22, 2010, 124 Stat. 3558.)

 

 

 

 

 

 

 

 

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