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Rule 1011-1

CORPORATE OWNERSHIP STATEMENT TO BE FILED BY A PARTNERSHIP OR JOINT VENTURE THAT IS A RESPONDENT TO AN INVOLUNTARY PETITION OR PETITION FOR RECOGNITION

            The Corporate Ownership Statement required to be filed under Bankruptcy Rule 1011(f) by a corporation responding to an involuntary petition or a petition for recognition of a foreign proceeding must also be filed by any entity responding to an involuntary petition or a petition for recognition of a foreign proceeding that is a general or limited partnership or joint venture. If the responding entity is the debtor, in addition to the information required under Bankruptcy Rule 7007.1, the statement must include the information described in Bankruptcy Rule 1007-3.

Comment

            Bankruptcy Rule 1011(f), 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 any corporation responding to an involuntary petition or a petition for recognition of a foreign proceeding.  "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 responding entities that are general and limited partnerships and joint ventures. This local rule requires a similar disclosure with respect to business organizations of that character. If the responding entity is the debtor, the additional information described in the second sentence of Local Bankruptcy Rule 1007-3 must be included.