Designating a Chapter 11 Debtor as a Small Business

Debtor (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 accord- ance 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 ob- jection 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.)