Form 26 - Periodic Report Regarding Value, Operations And Profitability Of Entities In Which The Estate Of [name Of Debtor] Holds A Substantial Or Controlling Interest Page 10
ADVERTISEMENT
![Form 26 - Periodic Report Regarding Value, Operations And Profitability Of Entities In Which The Estate Of [name Of Debtor] Holds A Substantial Or Controlling Interest Printable pdf](https://data.formsbank.com/pdf_docs_html/282/2822/282204/page_1_thumb.png "Form 26 - Periodic Report Regarding Value, Operations And Profitability Of Entities In Which The Estate Of [name Of Debtor] Holds A Substantial Or Controlling Interest Printable pdf")
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16Instructions for Periodic Report Concerning Related Entities
General Instructions
1.
This form periodic report (“Periodic Report”) on value, profitability, and operations of
entities in which the estate holds a substantial or controlling interest (the “Form”)
implements § 419 of the Bankruptcy Abuse Prevention and Consumer Protection Act of
2005, Pub. L. No. 19-8, 119 Stat. 23 (April 20, 2005)(“BAPCPA”). This Form should be
used when required by Fed. R. Bankr. P. 2015.3, with such variations as may be
approved by the court pursuant to subdivisions (d) and (e) of that rule.
2.
In a chapter 11 case, the trustee or debtor in possession shall file Periodic Reports of the
value, operations, and profitability of each entity that is not also a debtor in a case under
title 11, and in which the estate holds a substantial or controlling interest. The reports
shall be prepared as prescribed by this Form, and shall be based upon the most recent
information reasonably available to the trustee or debtor in possession.
3.
Rule 2015.3 provides that, where the estate controls or owns at least a 20 percent interest
of an entity, the estate’s interest is presumed to be substantial or controlling. Where the
estate controls or owns less than a 20 percent interest, the rule presumes that the estate’s
interest is not substantial or controlling. The question of substantial or controlling
interest is, however, a factual one to be decided in each case.
4.
The first Periodic Report required by subdivision (a) of Rule 2015.3 shall be filed no later
than five days before the first date set for the meeting of creditors under § 341 of the
Code. Subsequent Periodic Reports shall be filed no less frequently than every six
months thereafter, until a plan of reorganization becomes effective or the case is closed,
dismissed, or converted. Copies of the Periodic Report shall be served on the U.S.
Trustee, any committee appointed under § 1102 of the Code, and any other party in
interest that has filed a request therefor.
5.
The source of the information contained in each Periodic Report shall be indicated.
Specific Instructions
6.
Each entity subject to the reporting requirement of Rule 2015.3 shall be listed in the table
contained on the first page of the form. Reports for each such entity shall be placed
behind separate tabs, and each such report shall consist of three exhibits. Exhibit A shall
provide valuation information; Exhibit B shall provide financial statements; and Exhibit
C shall provide a description of operations.
Form B26- Rule 2015.3
Rev. 1/15/14
ADVERTISEMENT
0 votes
Related Articles
Related forms
Schedule T-81 - Unit Operator's Schedule Of Production From A Secondary Or Tertiary Recovery Project Form - 2000
Financial
Form 50-253 - Report On Value Lost Because Of The School Tax Limitation On Homesteads Of The Elderly/disabled - 2013
Financial
Form Pto/aia/81b - Reexamination Or Supplemental Examination - Patent Owner Power Of Attorney Or Revocation Of Power Of Attorney With A New Power Of Attorney And Change Of Correspondence Address For Reexamination Or Supplemental Examination And Patent
Legal
Form D - Written Report Of The Findings And Results Of An Extended Term Suspension Or Expulsion Hearing
Letters
Form 50-755 - Report On Value Lost Because Of School District Participation In Tax Increment Financing (tif) - 2013
Financial
Related Categories
Parent category: Legal