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(a) In General. If a petition in a Chapter 7, 9, or 11 case designates the debtor as a health care business, the case must proceed in accordance with the designation unless the court orders otherwise.
(b) Seeking a Court Determination. The United States trustee or a party in interest may move the court to determine whether the debtor is a health care business. Proceedings on the motion are governed by Rule 9014. If the motion is filed by a party in interest, a copy must be sent to the United States trustee. The motion must be served on:
- the debtor;
- the trustee;
- any committee elected under § 705 or appointed under § 1102, or its authorized agent;
- in a Chapter 9 or Chapter 11 case in which an unsecured creditors’ committee has not been appointed under § 1102, the creditors on the list filed under Rule 1007(d); and
- any other entity as the court orders.
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| ABCs of Representing Consumers in Bankruptcy Cases | 09/22/2010 |
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