CERTIFICATE OF RETENTION OF DEBTOR IN POSSESSION
Advisory Committee Note (1983):
This form may be used in chapter 11 reorganization cases. Usually, a trustee will not be
appointed, in which event the debtor is automatically continued in possession pursuant to
§ 1101(a) of the Code.
When evidence of debtor in possession status is required, this certificate may be used in
accordance with Rule 2011.
Applicable Law and Rules
Section 1101(1) of the Bankruptcy Code (11 U.S.C. § 1101(1)) states:
“debtor in possession” means debtor, except when a person that has qualified
under section 322 of this title is serving as trustee in this case.
Fed. R. Bankr. P. 2011(a) provides:
Whenever evidence is required that a debtor is a debtor in possession or
that a trustee has qualified, the clerk may so certify and the certificate shall
constitute conclusive evidence of that fact.
There is a charge of $5 for certification. Bankruptcy Court Miscellaneous Fee Schedule,
Item 2. This amount must be paid in cash or by check or money order made payable to “Clerk,
U.S. Bankruptcy Court.” PLEASE DO NOT SEND CASH THROUGH THE MAIL. In
addition, many bankruptcy courts accept credit cards for payment of court fees by attorneys and
General Information for the Clerk
This form is to be used when the chapter 11 debtor requests that it be certified as a debtor
in possession. Section 1101 of the Bankruptcy Code and Rule 2011 permit the clerk to make the
certification ONLY if no trustee has been appointed, and ONLY in a chapter 11 case. This form
should not be used in a chapter 12 case. This form, which previously was designated as Official
Form No. 26, was abrogated as an Official Form in 1991 and reissued as a Director's procedural