Rule 1021 Federal Rules of Bankruptcy Procedure

Rule 1021 of the Federal Rules of Bankruptcy Procedure is about Designating a Chapter 7, 9, or 11 Case as a Health Care Business Case. It is under Part I (Commencement of Case; Proceedings Relating to Petition and Order for Relief) of the Rules.

(a) In General. If a petition in a Chapter 7, 9, or 11 case designates the debtor as a health care business, the case must proceed in accordance with the designation unless the court orders otherwise.

(b) Seeking a Court Determination. The United States trustee or a party in interest may move the court to determine whether the debtor is a health care business. Proceedings 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. The motion must be served on:

· the debtor;

· the trustee;

· any committee elected under § 705 or appointed under § 1102, or its authorized agent;

· in a Chapter 9 or Chapter 11 case in which an unsecured creditors’ committee has not been appointed under § 1102, the creditors on the list filed under Rule 1007(d); and

· any other entity as the court orders.