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Chapter 11 Policies and Procedures in Subchapter V Cases

FILING REQUIREMENTS: Documents required for a subchapter V filing, which are the same as the requirements for a small business chapter 11 filing can be found here. 

SBRA INTERIM RULES: The Small Business Reorganization Act Interim Rules as adopted by the U.S. Bankruptcy Court for the District of Minnesota, are available here.  

PLAN DEADLINE: The deadline for filing the subchapter V plan is set upon the filing of the case at 90 days from the filing date.  That deadline appears in the notice of electronic filing and the docket text for the petition.  

341 NOTICE: The 341 date, status conference hearing date, and deadline for filing the pre-status conference report will be set in the 341 notice.  

PRE-STATUS CONFERENCE REPORT: The debtor’s pre-status conference report should be filed using the Pre-Status Conference Report event in CM/ECF.  Please do NOT use the more generic Status Report event.  

The Pre-Status Conference Report can be found under the Bankruptcy/Post-petition events/Other case events menu.  

The Bankruptcy Court for the Central District of California developed a form of pre-status conference report available here.  Subchapter V debtors are NOT required to use this form; this information is provided ONLY as a possible helpful resource for subchapter V debtors and their attorneys.   

The US Trustee or subchapter V trustee may file a response to the pre-status conference report if they wish, using either the Response or Reply events.

SCHEDULING ORDER: A Scheduling Order will be entered after the Status Conference.  The Scheduling Order will set the following dates and deadlines:

  • confirmation hearing date and time
  • date by which creditors must make an election under 1111(b) 
  • date on which an equity security holder or creditor whose claim is based on a security must be the holder of record
  • date by which the debtor must transmit copies of the plan, order and ballot to the required parties
  • date by which holders of claims and interests must accept or reject the plan
  • date by which objections to the plan must be filed
  • deadline for filing a complaint objecting to discharge

SUBCHAPTER V PLAN: The subchapter V plan should be filed using theChapter 11 small business subchapter V plan event in CM/ECF.  

The Chapter 11 small business subchapter V plan event can be found under the Bankruptcy/Post-petition events/Plan/Disclosure Statement menu.  

The following Official Forms were developed for small business chapter 11 cases, and are NOT specific to subchapter V cases, but may be helpful to debtors’ attorneys:

BALLOTS: The debtor’s attorney must submit a draft ballot, using the appropriate local Chapter 11 ballot form, to the Judge’s calendar clerk for review before sending out the plan, ballot and scheduling order to creditors and parties in interest.  

TIP: Please ensure the clerk’s office address noted on the ballot (i.e., where the ballot should be returned) is the address for the office where the case is pending (20-3XXXX to St. Paul, 20-4XXXX to Minneapolis, and 20-5XXXX and 20-6XXXX to Duluth), and NOT the office where the Judge assigned to the case typically offices, if the addresses are different.  

POST-CONFIRMATION ACTIONS: After the plan is confirmed, the debtor must file and serve a Notice of substantial consummation not later than 14 days after the confirmed plan is substantially consummated.  See 11 U.S.C. §§ 1101(2) and 1183(c)(2).  

The Notice of substantial consummation event can be found under the Bankruptcy/Post-petition events/Plan/Disclosure Statement menu.