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(a) In General. In a voluntary Chapter 11 case, the debtor must state in the petition whether the debtor is a small business debtor and, if so, whether the debtor elects to have Subchapter V of Chapter 11 apply. In an involuntary Chapter 11 case, the debtor must provide the same information in a statement filed within 14 days after the order for relief. The case must proceed in accordance with the debtor’s statement, unless and until the court issues an order finding that the statement is incorrect.
(b) Objecting to the Designation. The United States trustee or a party in interest may object to the debtor’s designation. The objection must be filed within 30 days after the conclusion of the meeting of creditors held under § 341(a) or within 30 days after an amendment to the designation is filed, whichever is later.
(c) Procedure; Service. An objection or request under this rule is governed by Rule 9014 and must be served on:
Thoughtful analyses of the day's business and consumer cases.
Your trusted source for original insolvency articles and legislative updates.
| Article | Date |
|---|---|
| Between Devil and Deep Blue Sea The Chapter 11 Plan and the Small Business Debtor | 09/30/2012 |
| Fixing the SARE Checkbox | 10/31/2014 |
| Small Business Bankruptcies under BAPCPA | 06/30/2007 |
Quality educational content from all ABI conferences.
| Article | Date |
|---|---|
| Avoiding the Bankruptcy Code’s Early Land Mines | 08/28/2014 |
| ABCs of Representing Consumers in Bankruptcy Cases | 09/22/2010 |
| High-Income, High-Debt Reorganization: Chapter 11 for the People | 07/14/2009 |
| Nuts and Bolts of Representing a (Really) Small Business | 07/14/2009 |
| Small Business 11 Workshop | 09/14/2007 |
