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Fed. R. Bankr. P. 1020

Designating a Chapter 11 Debtor as a Small Business Debtor

activein force · 2024-12-01 – presentact-effective-date

(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:

• the debtor;

• the debtor’s attorney;

• the United States trustee;

• the trustee;

• the creditors included on the list filed under Rule 1007(d)—

or if a committee has been appointed under § 1102(a)(3), the

committee or its authorized agent; and

• any other entity as the court orders.

(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 23, 2008, eff.

Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 11, 2022, eff. Dec.

1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
bc67f12c5ae69a464171c1c63611a6f5b63ce4a5ce3da3f6fed6cd4057de9d5c
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Fed. R. Bankr. P. 1020 — Designating a Chapter 11 Deb… · binding.law