Local Rule 1074–1: CORPORATIONS (AND OTHER BUSINESS ENTITIES)

1074–1 CORPORATIONS (AND OTHER BUSINESS ENTITIES)

(a) Attorney Required. No corporation, partnership, limited liability company or entity other than an individual shall file a petition or appear as a debtor in any case or proceeding unless it is represented by an attorney.

(b) Authorization for Filing. A copy of the duly attested resolution or other appropriate authorization of the filing of a voluntary petition by an entity other than an individual shall be filed with the petition.

(c) Responsible Person.

(1) Corporation. The individual occupying the position of chief executive officer, or the individual who most recently served in that capacity if no such individual is serving in that capacity as of the date of the petition, shall be responsible for any and all acts required by the Code or the Rules to be performed by a debtor corporation and shall attend on behalf of the debtor any examination, meeting or hearing unless the court orders otherwise. The individual occupying or who most recently occupied the position of president is presumed to be the chief executive officer.

(2) Partnership. The individual occupying the following positions shall be responsible for any and all acts required by the Code or the Rules to be performed by a debtor partnership and shall attend on behalf of the debtor any examination, meeting or hearing unless the court orders otherwise:

(A) an individual who is general partner; or

(B) an individual who is the chief executive officer of a corporation that is a general partner; or

(C) an individual who bears the relationship described in (A) and (B) above to a partnership that is a general partner of the debtor.

(3) Limited Liability Company. The individual occupying the position of managing member or who has had management responsibility shall be responsible for any and all acts required by the Code or the Rules to be performed by a debtor limited liability company and shall attend on behalf of the debtor any examination, meeting or hearing unless the court orders otherwise.

(d) Designation of Responsible Person. No later than fourteen (14) days after the filing of the petition in a voluntary case or the entry of the order for relief in an involuntary case, an individual who occupies the position designated in (c) above, shall be identified by name and title in a paper filed with the clerk.

(e) Change in Designation of Responsible Person. A party in interest may move for the designation of a different individual as the responsible person under (c) above.