By General Order entered July 27, 2022, the Judges of the United States Bankruptcy Court for the District of Minnesota adopted amendments to Interim Bankruptcy Rule 1020 to comply with the subchapter V of chapter 11 provisions of the Bankruptcy Threshold Adjustment and Technical Corrections Act (BTATC).
By General Order entered November 28, 2022, the Judges of the United States Bankruptcy Court for the District of Minnesota abrogated certain Interim Bankruptcy Rules implementing the Small Business Reorganization Act of 2019.
For more information about the Bankruptcy Interim Rules and rulemaking process, visit www.uscourts.gov.
Interim Rule 1020. Chapter 11 Reorganization Case for Small Business Debtors or Debtors under Subchapter V
(a) DEBTOR DESIGNATION. In a voluntary chapter 11 case, the debtor shall state in the petition whether the debtor is a small business debtor or a debtor as defined in § 1182(1) of the Code and, if the latter, whether the debtor elects to have subchapter V of chapter 11 apply. In an involuntary chapter 11 case, the debtor shall file within 14 days after entry of the order for relief a statement as to whether the debtor is a small business debtor or a debtor as defined in § 1182(1) of the Code and, if the latter, whether the debtor elects to have subchapter V of chapter 11 apply. The status of the case as a small business case or a case under subchapter V of chapter 11 shall be in accordance with the debtor’s statement under this subdivision, unless and until the court enters an order finding that the debtor’s statement is incorrect.
(b) OBJECTING TO DESIGNATION. The United States trustee or a party in interest may file an objection to the debtor’s statement under subdivision (a) no later than 30 days after the conclusion of the meeting of creditors held under § 341(a) of the Code, or within 30 days after any amendment to the statement, whichever is later.
(c) PROCEDURE FOR OBJECTION OR DETERMINATION. Any objection or request for a determination under this rule shall be governed by Rule 9014 and 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 directs.