SMALL BUSINESS CHAPTER 11

U.S. Bankruptcy Court for the Eastern District of Texas

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

Rule: 1020-1

Jurisdiction: EDTXB

Bluebook Citation: Bankr. E.D. Tex. L.R. AT R. 1020-1

All Rules: Bankr. E.D. Tex. L.R. AT Local Bankruptcy Rules, complete index


Text

REORGANIZATION CASE (a) (b) Determination of “Small Business Debtor” Status A party seeking to object to a Chapter 11 debtor's statement in its petition regarding whether it meets the definition of a “small business debtor” under §101 (51D) of the Bankruptcy Code shall file a Motion to Determine Small Business Debtor Status. The motion must contain the 14-day negative notice language described in LBR 4001 and shall be served upon the parties designated by LBR 9013(f). A proposed order shall accompany the motion. Determination of Status of Unsecured Creditors' Committee A party seeking to challenge the effectiveness of an official committee of unsecured creditors appointed under §1102(a)(1) of the Bankruptcy Code for the purpose of imposing the designation of a “small business debtor” under §101 (51D) shall file a Motion for Determination of Status of Unsecured Creditors' Committee.

The motion must contain the 21-day negative notice language described in LBR 9007(a) and shall be served upon the parties designated by LBR 9013(f). A proposed order shall accompany the motion. TXEB Local Rules Revised: August 22, 2022 Page 14 of 83 PART II: OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

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