Official Procedure Last Change July 15, 2021
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Any individual or non-individual Chapter 11 debtor who satisfies the definition of “small business debtor” can request to be treated as a small business case. Determination of whether a debtor is a "small business debtor" requires application of a two-part test:
Small business cases are overseen more directly by the U.S. Trustee, and generally proceed more quickly than non-small business cases. Any party can ask the court to order that a creditors’ committee not be appointed.
The following apply to small business cases:
The following are required to be filed on small business cases, either along with the filing of the petition or 14 days after:
The deadline for filing these can be extended by means of a Motion to Extend Time to File Schedules. If one or more of these documents is unavailable, the debtor must file a statement in lieu.
If a Motion to Extend Time to File Schedules is filed, the maximum extension allowed by law is a total of 30 days from the date of filing of the petition, not 45 days as is allowable for non-small business cases.
The plan and disclosure statement process can be streamlined. Consult Fed.R.Bankr.P. 3017.1 and S. D. Ind B-3017-2. If the debtor wishes to use one of the streamlining options, a Notice of Proposed Expedited Processing of Small Business Chapter 11 Plan must be filed. This Notice is not required to be filed in Subchapter V cases, and disclosure statements do not apply.
Deadlines related to the filing and confirmation of the plan in small business cases are somewhat different from non-small business cases and should be investigated thoroughly.