Rule 1020 Federal Rules of Bankruptcy Procedure

Rule 1020 of the Federal Rules of Bankruptcy Procedure is about Designating a Chapter 11 Debtor as a Small Business Debtor. It is under Part I (Commencement of Case; Proceedings Relating to Petition and Order for Relief) of the Rules.

(a) In General. In a voluntary Chapter 11 case, the debtor must 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 must 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, unless and until the court issues an order finding that the statement is incorrect.

(b) Objecting to the Designation. The United States trustee or a party in interest may object to the debtor’s designation. The objection must be filed within 30 days after the conclusion of the meeting of creditors held under § 341(a) or within 30 days after an amendment to the designation is filed, whichever is later.

(c) Procedure; Service. An objection or request under this rule is 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 orders.