Small Business Debtor Designation in Chapter 11 Bankruptcy
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Questions and Answers

When must the debtor state whether they are a small business debtor in a voluntary chapter 11 case?

In the petition

What is the time limit for the debtor to file a statement in an involuntary chapter 11 case?

Within 14 days after entry of the order for relief

Who can file an objection to the debtor's statement about being a small business debtor?

The United States trustee or a party in interest

What is the time limit for filing an objection to the debtor's statement?

<p>No later than 30 days after the conclusion of the meeting of creditors held under § 341(a) of the Code, or within 30 days after any amendment to the statement, whichever is later</p> Signup and view all the answers

What happens to the status of the case if the debtor's statement is not found to be incorrect by the court?

<p>The status of the case as a small business case or a case under subchapter V of chapter 11 shall be in accordance with the debtor’s statement</p> Signup and view all the answers

When can the court enter an order finding that the debtor’s statement is incorrect?

<p>Unless and until the court enters an order finding that the debtor’s statement is incorrect</p> Signup and view all the answers

What did Mr. McCarthy advise the Court he was considering obtaining instructions for?

<p>raising an argument that the right to a jury in a civil action of this magnitude was a Charter-protected one</p> Signup and view all the answers

Why did the judge reserve the decision after hearing the submissions of counsel on the complexity issue?

<p>to allow Mr. McCarthy time to obtain instructions and advise the Court on what position would be taken concerning the constitutional issue</p> Signup and view all the answers

What did Mr. McCarthy advise the judge when the Court resumed?

<p>he did, indeed, have instructions from his clients to raise a Charter issue</p> Signup and view all the answers

What did the notice served by Mr. McCarthy indicate?

<p>the defendants questioned the constitutional validity of Rules 47.07(2) and (3) of the Ontario Rules of Civil Procedure</p> Signup and view all the answers

When was the motor vehicle accident in question?

<p>September 1, 2000</p> Signup and view all the answers

When was the principal injury of paraplegia identified or diagnosed?

<p>October 5, 2000</p> Signup and view all the answers

What did the plaintiffs allege about the cause of Daniel Legroulx's paraplegia?

<p>They alleged that the motor vehicle accident was the sole cause or materially contributed to Daniel's paralysis.</p> Signup and view all the answers

What did the defendants plead about the cause of the paraplegia?

<p>The defendants pleaded that the paraplegia was not the result of any trauma received in the motor vehicle accident but was the result of a pre-existing medical condition.</p> Signup and view all the answers

What was a central issue in the action from the outset?

<p>Causality</p> Signup and view all the answers

What evidence did both parties advise they would rely on at the opening of trial?

<p>They advised that they would each be relying on the evidence of several medical and other experts on the issue of causation.</p> Signup and view all the answers

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