ELECTION TO PROCEED UNDER SUBCHAPTER V OF

U.S. Bankruptcy Court for the District of Maryland

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Maryland

Rule: 1002-2

Jurisdiction: DMDB

Bluebook Citation: Bankr. D. Md. R. 1002-2

All Rules: Bankr. D. Md. Local Bankruptcy Rules, complete index


Text

CHAPTER 11 (a) Election on Petition. A debtor who qualifies under 11 U.S.C. § 1182 may elect to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code by selecting that option on the debtor’s bankruptcy petition. (b) Election After Petition. If a debtor who qualifies under 11 U.S.C. § 1182 elects to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code after the debtor files a bankruptcy petition under Chapter 11, the Court grants a motion filed by the debtor to convert a pending case to one under Chapter 11, or the Court grants (or the debtor consents to) an involuntary petition against the debtor, the debtor must file an amended bankruptcy petition selecting the option to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code.

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