Local Rule D.N.J. LBR 1020-1: Subchapter V Designation
Bankr. D.N.J. — General rule
D.N.J. LBR 1020-1. Subchapter V Designation
(a) Designation within 14 days after filing. A debtor that did not elect in the original petition to have Subchapter V of Chapter 11 apply, may make the election by filing an amended petition within 14 days after the date of filing, or in an involuntary petition, file a statement within 14 days after entry of the order for relief. All Subchapter V deadlines will run from the date of the filing of the original petition or entry of the order for relief.
(b) Designation after 14 days. After the initial 14-day period, a debtor must file a motion seeking permission to have Subchapter V of Chapter 11 apply. Any request for an extension of the Subchapter V deadlines must be part of the motion and the motion must be served on the parties designated in Bankruptcy Rule 1020(c).
2025 Comment The amendments to this Rule are stylistic.
2023 Comment This Rule is new. It addresses the procedures for opting for Subchapter V after the petition has been filed or an order for relief has been entered. The debtor must promptly email chambers to inform the assigned judge of either (i) the amended petition, or (ii) in an involuntary case, a statement consistent with Federal Rule of Bankruptcy Procedure 1020(a), so that the correct deadlines may be set in the case. Failure of the debtor to ensure that the deadlines are updated on the court's docket does not excuse compliance with the deadlines in Subchapter V.