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Disclosure Statement and Confirmation Hearing – Standard Chapter 11 Cases

Local Rule Number: 
Rule 3017-1
3000 Series

The provisions in this subdivision apply to any chapter 11 plan and disclosure statement filed by any plan proponent other than a small business debtor.

[Comment: See also Bankruptcy Rules 3017(a) and (f) (service of plan and disclosure statement on other parties required).]

(A)       Deadline for Objecting to Disclosure Statement.  Objections to a disclosure statement must be filed, and a copy delivered to the plan proponent, at least seven days before the hearing on approval of the disclosure statement.  The objecting party shall confer with the plan proponent at least three business days before the hearing in an effort to resolve any objections to the disclosure statement.  The objection shall include a request for dismissal or conversion of the case if the objecting party will be seeking that relief at the disclosure hearing.

(B)       Service of Plan, Disclosure Statement, Ballot, and Notice; Deadline for Service.

(1)        At least 30 days before the date set for the hearing on approval of the disclosure statement, the plan proponent shall serve the “Order (I) Setting Hearing to Consider Approval of Disclosure Statement; (II) Setting Deadline for Filing Objections to Disclosure Statement; and (III) Directing Plan Proponent to Serve Notice” on the parties required by Bankruptcy Rules 2002(b), 2002(d), and 2002(j), and on the U.S. Trustee, and shall serve the plan and disclosure statement as required by Bankruptcy Rule 3017(a) and (f).

(2)        After court approval of the disclosure statement and at least 40 days before the date set for the confirmation hearing, or as otherwise directed by the court, the plan proponent shall serve the “Order (I) Approving Disclosure Statement; (II) Setting Hearing on Confirmation of Plan; (III) Setting Hearing on Fee Applications; (IV) Setting Various Deadlines; and (V) Describing Plan Proponent’s Obligations” together with the plan and disclosure statement, on the parties required by Bankruptcy Rule 3017(d) and shall serve a ballot in the form required by Local Rule 3018-1 on all creditors and equity security holders entitled to vote on the plan.  The proponent of the plan must serve the customized ballot and instructions via U.S. Mail on any party who has received the order and copies of the plan and disclosure statement electronically.