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2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 308 Debtor reporting requirements us united_states_code code_section 11 BANKRUPTCY 3 CASE ADMINISTRATION 308 11 U.S.C. § 308 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s308 data/legal/raw/us/code/title-11/usc11.xml 0b5b78c4937454d8f2fe40274d120d9e4f2c1d9829050e894938147d932b6a05 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 a4c7ade8fed7d49f15bc2e990fd76376b94fea497c9d360a2b7d85f88b0e3533 2026-07-04 official
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11 U.S.C. § 308 - Debtor reporting requirements

Text

(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 debtors profitability;

(2) reasonable approximations of the debtors 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)(B), 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. 1098, title IV, § 434(a)(1), Apr. 20, 2005, 119 Stat. 111; amended Pub. L. 111327, § 2(a)(10), Dec. 22, 2010, 124 Stat. 3558.)

Notes

Editorial Notes

References in TextThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(4)(A), are set out in the Appendix to this title.

Amendments2010—Subsec. (b). Pub. L. 111327, § 2(a)(10)(A), substituted “debtor in a small business case” for “small business debtor” in introductory provisions. Subsec. (b)(4) to (6). Pub. L. 111327, § 2(a)(10)(B), struck out subpar. (A) designation before “whether the debtor” in par. (4) and redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, redesignated former subpars. (B) and (C) of par. (4) as pars. (5) and (6), respectively, and, in par. (5), substituted “paragraph (4)(A)” for “subparagraph (A)(i)” and “paragraph (4)(B)” for “subparagraph (A)(ii)”.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 1098, title IV, § 434(b), Apr. 20, 2005, 119 Stat. 111, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect 60 days after the date on which rules are prescribed under section 2075 of title 28, United States Code, to establish forms to be used to comply with section 308 of title 11, United States Code, as added by subsection (a) [See Bankruptcy Form No. 25C, eff. Dec. 1, 2008].”