§ 308. Debtor reporting requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Pub. L. 109–8 title IV § 434(a)(1) · 119 Stat. 23

   Enacted · 11 U.S.C. § 308

   Added Pub. L. 109–8, title IV, § 434(a)(1), Apr. 20, 2005, 119 Stat. 111

   Source evidence

   Code source credit
   Added Pub. L. 109–8, title IV, § 434(a)(1), Apr. 20, 2005, 119 Stat. 111

   Enacted provision · exact public law section
   (1) In general.— Chapter 3 of title 11, United States Code, is amended by inserting after section 307 the following: “§ 308. Debtor reporting requirements “(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 small business debtor 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) (A) whether the debtor is— “(i) in compliance in all material respects with postpetition requirements imposed by this title and the Federal Rules of Bankruptcy Procedure; and “(ii) timely filing tax returns and other required government filings and paying taxes and other administrative expenses when due; “(B) if the debtor is not in compliance with the requirements referred to in subparagraph (A)(i) or filing tax returns and other required government filings and making the payments referred to in subparagraph (A)(ii), what the failures are and how, at what cost, and when the debtor intends to remedy such failures; and “(C) 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.” .

2. 2010

   Bankruptcy Technical Corrections Act of 2010

   Pub. L. 111–327 § 2(a)(10)(A) · 124 Stat. 3557

   Substituted · 11 U.S.C. § 308(b)

   Pub. L. 111–327, § 2(a)(10)(A), substituted “debtor in a small business case” for “small business debtor” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–327, § 2(a)(10)(A), substituted “debtor in a small business case” for “small business debtor” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “small business debtor” and inserting “debtor in a small business case”, and

3. 2010

   Bankruptcy Technical Corrections Act of 2010

   Pub. L. 111–327 § 2(a)(10)(B) · 124 Stat. 3557

   1. Struck · 11 U.S.C. § 308(b)(4)(6)

      Pub. L. 111–327, § 2(a)(10)(B), struck out subpar. (A) designation before “whether the debtor” in par. (4)

   2. Redesignated · 11 U.S.C. § 308(b)(4)(6)

      Pub. L. 111–327, § 2(a)(10)(B), redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively

   3. Redesignated · 11 U.S.C. § 308(b)(4)(6)

      Pub. L. 111–327, § 2(a)(10)(B), redesignated former subpars. (B) and (C) of par. (4) as pars. (5) and (6), respectively, and, in par. (5)

   4. Substituted · 11 U.S.C. § 308(b)(4)(6)

      Pub. L. 111–327, § 2(a)(10)(B), substituted “paragraph (4)(A)” for “subparagraph (A)(i)”

   5. Substituted · 11 U.S.C. § 308(b)(4)(6)

      Pub. L. 111–327, § 2(a)(10)(B), substituted “paragraph (4)(B)” for “subparagraph (A)(ii)”

   Source evidence

   Code amendment note
   Subsec. (b)(4) to (6). Pub. L. 111–327, § 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)”.

   Enacted provision · exact public law section
   (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking “(A)”, and (II) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, (ii) in subparagraph (B)— (I) by striking “(B)” and inserting “(5)”, (II) by striking “subparagraph (A)(i)” and inserting “paragraph (4)(A)”, and (III) by striking “subparagraph (A)(ii)” and inserting “paragraph (4)(B)”, (iii) by redesignating subparagraph (C) as paragraph (6), and

7 of 7 references resolved to an enrolled provision