CHAPTER 11 - COMPLEX CASES

(a) A complex chapter 11 is defined as a case under chapter 11 of the Bankruptcy Code that requires special scheduling and other procedures because of a combination of one or more of the following factors: (i) the need for “first day” emergency hearings for consideration of the use of cash collateral, debtor in possession financing, and other matters vital to the survival of the business; (ii) the size of the case including the amount of debt, number of related debtors, number of creditors and/or parties-in-interest; (iii) claims against the debtor in possession and/or equity interests in the debtor in possession are publicly traded (with some creditors possibly being represented by indenture trustees); (iv) the need for simplification of noticing and hearing procedures to reduce delays and expense; and (v) other factors deemed relevant by the Court. (b) If the debtor in possession believes that the case is a complex chapter 11, the debtor in possession must file a “Notice of Designation as Complex Chapter 11 Case” with the petition, or move for such designation if the notice was not timely filed. (c) For a case that is a complex chapter 11, the debtor in possession may file a motion to address matters such as the establishment of a master service list, the scheduling of hearings, and other matters it deems necessary. Such a motion may be treated as a First Day Matter under KYEB LBR 2081-3.