(a) Small Business Debtor Designation. In a voluntary chapter 11 case, the debtor shall 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 shall file within 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor and, if so, whether the debtor elects to have subchapter V of chapter 11 apply. The status of the case as a small business case or a case under subchapter V of chapter 11 shall be in accordance with the debtor’s statement under this subdivision, unless and until the court enters an order finding that the debtor’s statement is incorrect.
(b) Objecting to Designation. The United States trustee or a party in interest may file an objection to the debtor’s statement under subdivision (a) no later than 30 days after the conclusion of the meeting of creditors held under § 341(a) of the Code, or within 30 days after any amendment to the statement, whichever is later.
(c) Procedure for Objection or Determination. Any objection or request for a determination under this rule shall be governed by Rule 9014 and 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 directs. (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.)
added in current removed in current
Compared to current version (2025).
(a) Small Business Debtor DesignationIn General. In a voluntary cChapter 11 case, the debtor shallmust state in the petition whether the debtor is a small business debtor and, if so, whether the debtor elects to have sSubchapter V of cChapter 11 apply. In an involuntary cChapter 11 case, the debtor shall file within 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor and, if so, whether the debtor elects to have subchapter V of chapter 11 apply. The status of the case as a small business case or a case under subchapter V of chapter 11 shall bemust 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 under this subdivision, unless and until the court enterissues an order finding that the debtor’s statement is incorrect.
(b) Objecting to the Designation. The United States trustee or a party in interest may file an objection to the debtor’s statement under subdivision (a) no later designation. The objection must be filed withain 30 days after the conclusion of the meeting of creditors held under § 341(a) of the Code, or within 30 days after any amendment to the statementdesignation is filed, whichever is later.
(c) Procedure for Objection or Determination; Service. Any objection or request for a determination under this rule ishall be 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 directorders. (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.)