Rule 1021. Designating a Chapter 7, 9, or 11 Case as a Health Care Business Case

Bookmarking and annotating the Code and Rules is a special benefit of ABI membership. Join ABI or take a Test Drive today, and start making the Code and Rules your own!

(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.

Your trusted source for original insolvency articles and legislative updates.

Quality educational content from all ABI conferences.