CORPORATE OWNERSHIP STATEMENT TO BE FILED BY A BUSINESS ENTITY OF ANY KIND 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 under Bankruptcy Rule 1012(c) by a corporation responding to 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 business entity of any kind irrespective of whether it is of a kind enumerated in section 101(9)(A) of the Bankruptcy Code. 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 without regard to the legal form of a business entity. Local Bankruptcy Rule 1011-1 was therefore amended in 2024 to mandate that the Corporate Ownership Statement referenced in Bankruptcy Rule 1011(f) be filed by a business entity of any kind. If the responding entity is the debtor, the additional information described in the second sentence of Local Bankruptcy Rule 1007-3 must be included.