Post-confirmation Administration

Section 3020(d) of the Bankruptcy Code empowers the bankruptcy court to issue any other order for the administration of the real property in a case apart from the confirmation order.  The post-confirmation administration of a reorganization plan in a Chapter 11 bankruptcy case initiates with a court order.  In certain cases, the trustee or the creditors’ committee initiates certain legal actions in the bankruptcy court to object the claims of the debtor, or for recovery of funds.

The bankruptcy court issues a confirmation order when the modification of a post-confirmation plan is fulfilled.  The court has power to issue any other suitable order for administration of the real property.  Chapter 11 of the Bankruptcy Code provides certain provisions for completing the administration of confirmed reorganization plans.  Federal Bankruptcy Rule 3022 provides that a Chapter 11 reorganization plan can be considered as fully administered only after:

  • The elapse of six months or expiry of the appeal period following the origin of a final confirmation order;
  •  The distribution of any deposits as required by the reorganization plan;
  • The completion of transfer of any real property proposed in the plan;
  • The debtor in the reorganization plan has assumed the business or management of the real property in accordance to the plan;
  • The repayments to creditors has been initiated in accordance with the plan schedule;
  • The disposal or completion of all motions, contested matters, or advisory proceedings; or
  • The expiry of any time period specifically mentioned or defined by the plan.

According to Section 1106 (a)(7) and 1107 (a) of Chapter 11, Bankruptcy Code, all debtors in possession or a trustee are required to file the post-confirmation reports regarding progress of plan implementation with the bankruptcy courts.  Generally, these post-confirmation reports are instructed through the court order.  These reports may be filed on a quarterly basis.  The initial post-confirmation report should be for the entire month in which the case was confirmed through the end of the calendar quarter.  The final post-confirmation report should be filed at the time of Chapter 11 final report and motion for final decree.

The contents of post-confirmation reports must include disbursements, distributions and transfers of real property pursuant to the plan.  Moreover, the post-confirmation reports should describe consummation of plan matters and pending plan matters, if any.  In post-confirmation administration of a bankruptcy case, the debtor in possession or Chapter 11 trustee has a number of responsibilities including consummating the plan, reporting of the consummation status and submission of application for a final decree.


Inside Post-confirmation Administration