4 INTERIM RULES OF BANKRUPTCY PROCEDURE
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.
INTERIM RULES OF BANKRUPTCY PROCEDURE 5
(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.
