Official Procedure Last Change July 21, 2021
Objection to Small Business / Subchapter V Designation / Request for Determination
How to file:
Location of event: Bankruptcy > Subchapter V Events > Objection to Small Business/Subchapter V Designation/Request for Determination
The United States trustee or a party in interest may file an objection to the debtor's statement claiming to be eligible to be a small business debtor (Subchapter V or not) no later than 30 days after the conclusion of the 341 meeting of creditors, or within 30 days after any amendment to the statement,whichever is later.
- The Objection must be signed by the filing party.
- A Certificate of Service must be included.
- A proposed order must be uploaded.
1. Log into CM/ECF.
2. Select Bankruptcy > Subchapter V Events
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Objection to Small Business/Subchapter V Designation/Request for Determination from the event list and click Next.
5. Check box if jointly filing with another attorney and click Next.
6. Click to highlight Party. Click Next. If the party is not listed, click Add/Create New Party.
7. If no new attorney or party was added, skip to next step. If a new attorney or new party was added to the case, check appropriate box(es) to create an association between the attorney and party, click Next. If the associations are not correct, do not check any box, click Next.
8. Check boxes to indicate whether you are objecting to the debtor's small business designation, Subchapter V designation, or both. Click Next.
9. Browse to select the pdf file. Click Next.
10. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.