(a) Health Care Business Designation. Unless the court orders otherwise, if a petition in a case under chapter 7, chapter 9, or chapter 11 states that the debtor is a health care business, the case shall proceed as a case in which the debtor is a health care business.
(b) Motion. The United States trustee or a party in interest may file a motion to determine whether the debtor is a health care business. The motion shall be transmitted to the United States trustee and served on: the debtor; the trustee; any committee elected under § 705 or appointed under § 1102 of the Code or its authorized agent, or, if the case is a chapter 9 municipality case or a chapter 11 reorganization case and no committee of unsecured creditors has been appointed under § 1102, the creditors included on the list filed under Rule 1007(d); and any other entity as the court directs. The motion shall be governed by Rule 9014. (Added Apr. 23, 2008, eff. Dec. 1, 2008.) PART II—OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS
added in current removed in current
Compared to current version (2025).
(a) Health Care Business Designation. Unless the court orders otherwise, if a petition in a case under chapter 7, chapter 9, or chapter 11 states thatIn General. If a petition in a Chapter 7, 9, or 11 case designates the debtor ias a health care business, the case shallmust proceed as a case in which the debtor is a healin accordance with the designation unless the care business.
(b) Moourt orders otherwise.
(b) Seeking a Court Determination. The United States trustee or a party in interest may file a motionmove the court to determine whether the debtor is a health care business. The motion shall be transmittedProceedings on the motion are governed by Rule 9014. If the motion is filed by a party in interest, a copy must be sent to the United States trustee and. The motion must be served on: • the debtor; • the trustee; • any committee elected under § 705 or appointed under § 1102 of the Code, or its authorized agent, or, if the case; • isn a cChapter 9 municipality case or a chapter 11 reorganization case and no committee ofor Chapter 11 case in which an unsecured creditors has’ committee has not been appointed under § 1102, the creditors included on the list filed under Rule 1007(d); and • any other entity as the court directs. The motion shall be governed by Rule 9014. (Adorders. (Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Apr. 23, 200824, eff. Dec. 1, 200824.) PART II-OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS AND APPOINTMENTS; FINAL REPORT; COMPENSATION