Rule 1010-1

CORPORATE OWNERSHIP STATEMENT TO BE FILED IN AN INVOLUNTARY CASE BY EACH PETITIONER THAT IS A PARTNERSHIP OR JOINT VENTURE

     The Corporate Ownership Statement required to be filed under Bankruptcy Rule 1010(b) by each petitioner that is a corporation shall also be filed by each petitioner that is a general or limited partnership or joint venture.

Comment

 

     Bankruptcy Rule 1010(b), which became effective on December 1, 2008, requires a Corporate Ownership Statement containing the information described in Bankruptcy Rule 7007.1 to be filed by each petitioner that is a corporation. Bankruptcy Rule 1010(b), however, only refers to a petitioner that is a corporation. "Corporation" is broadly defined under section 101(9) of the Bankruptcy Code (and includes, among other entities, limited liability companies and other unincorporated companies or associations), but it does not cover general or limited partnerships. The reasons for which this rule was enacted – to give the Judges of this Court information by which they can determine whether or not they need to recuse themselves in a particular case – apply equally with respect to petitioners that are general and limited partnerships, and joint ventures. This local rule requires a similar disclosure with respect to business organizations of that character.