The Small Business Reorganization Act of 2019 (“SBRA”) is effective on February 19, 2020. A required update of CM/ECF will take place beginning at 9:00PM/EST on Tuesday, February 18, 2020. During this update, CM/ECF will be unavailable to all users. The system will be available at 12:01AM on Wednesday, February 19, 2020.
Please note that beginning February 19, 2020, when a new chapter 11 case is filed in CM/ECF, the filer must select one of three options about whether the debtor is a small business:
- “No, I am not a small business debtor”
- “Yes, and I do not choose to proceed under Subchapter V of Chapter 11”
- “Yes, and I choose to proceed under Subchapter V of Chapter 11”
It is critical that the proper selection is made at the time of filing as the option selected results in different case processing actions. There are also two new CM/ECF events related to SBRA – ”Pre-Status Conference Report” and “Chapter 11 Small Business Subchapter V Plan.” A screenshot related to these new events may be viewed here.
General Order 30-2020, entered by Chief Judge Hagenau on behalf of the Court on February 5, 2020, provides for the application of Interim Bankruptcy Rules in cases filed under Subchapter V of Chapter 11. The order may be viewed here or on the Court's website under the “Local Rules and General Orders” tab.
A Guide to the Small Business Reorganization Act of 2019 by the Hon. Paul W. Bonapfel may be viewed here or on the Court’s website under the “Chapter 11 Procedures” tab.
M. Regina Thomas
Clerk of Court