CORPORATE OWNERSHIP STATEMENT TO BE FILED IN AN INVOLUNTARY CASE BY EACH PETITIONER THAT IS A BUSINESS ENTITY OF ANY KIND

            The Corporate Ownership Statement required to be filed under Bankruptcy Rule 1010(b) by each petitioner that is a corporation must also be filed by each petitioner that is a business entity of any kind irrespective of whether it of a kind enumerated in section 101(9)(A) of the
Bankruptcy Code.

Comment

            This rule was amended in 2024 to clarify the entities to which it applies.

            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 Bankruptcy Rule 1010(b) 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 without regard to the legal form of a business entity. Local Bankruptcy Rule 1010-1 was therefore amended in 2024 to mandate that the Corporate Ownership Statement referenced in Bankruptcy Rule 1010(b) be filed by a business entity of any kind.