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Chapter 11: OVERVIEW: Business, Small Business, Individuals, Subchapter V, Complex Case

2081-1:  Chapter 11: OVERVIEW: Business, Small Business, Individuals, Subchapter V, Complex Cases

Bankruptcy Code chapter 11 allows several types of individuals and entities to file a case under chapter 11 if they seek to maintain possession of their assets while they organize their affairs according to the protections and duties set forth in chapter 11.  These individuals and entities are: 

  • Business -- a trustee is not automatically assigned
  • Individuals whose debt totals exceed the limits authorized to file a chapter 13 case -- a trustee is not automatically assigned
  • Small business or individuals which qualify to seek relief as a Subchapter V debtor -- a trustee is automatically assigned to assist with an expedited timeline of reaching a confirmable plan
  • Small Business Case -- FRBP 1020 contains provisions on a debtor being designated as a small business case
  • Health Care Business -- FRBP 1021 contains provisions on a debtor being designated a health care business
  • Complex Case -- General Order 23-02 contains a definition of a complex case and procedures to follow before the case is filed.  See link below

The United States trustee for Region 16 appoints an attorney to participate in every chapter 11 case.  This attorney will conduct the 341(a) Meeting of Creditors.

  • The U.S. trustee has requirements that must be followed beginning with the first seven days of the date a chapter 11 petition was filed  
  • See FRBP 2007.1 for provisions on requesting appointment of a chapter 11 trustee or examiner.
  • See LBR 2015-2 for reporting requirements
  • See link below to website for U.S. trustee Region 16
  • See link below to Handbook for Chapter 11 trustees
  • See link below to Handbook for Chapter 11 Subchapter V trustees

Each judge has the opportunity to post special procedures and forms that apply in chapter 11 cases. 

  • Please review your judge's webpage to determine the procedures that apply.
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
2081-1
Reference to Local Rules and/or Forms: