Local Rule 1020-1: Chapter 11 Small Business Cases

Rule 1020-1 Chapter 11 Small Business Cases

(a) Documents to Accompany Petition. Unless otherwise ordered by the court, in any case that has been designated as a small business case in the petition, the debtor must comply with the provisions of § 1116(1) of the Code.

(b) Creditors' Committees in Small Business Cases.

(1) Unless otherwise ordered by the court, the United States trustee will not appoint a committee under § 1102 of the Code in any case in which the debtor has designated the case as a small business case in the petition.

(2) In the event the court sustains an objection to the debtor's designation as a small business case, the United States trustee will appoint a committee of not less than two (2) members or file a notice of non-appointment as soon as practicable.

(c) Request to be Added to Committee.

(1) A request by a party in interest to be added to a committee under § 1102(a)(4) of the Code must be in the form of a motion, which motion must: [A] briefly state the reason the moving party believes that the party's interests are not adequately represented by the committee as currently composed; [B] be transmitted to the United States trustee; and [C] be served on the committee.

(2) A motion filed under this subsection will be treated as a motion under Rule 9013, Federal Rules of Bankruptcy Procedure.

(d) Individuals as Small Business Debtors. The court may, in appropriate circumstances, order that an individual chapter 11 debtor be treated as a small business debtor.