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Disclosure Statement Approval and Confirmation – Small Business Cases

Local Rule Number: 
Rule 3017-2
3000 Series

Conditional Approval of Disclosure Statement for Small Business Cases. In a small business case, the court may combine the hearing on approval of the disclosure statement with the hearing on confirmation of the chapter 11 plan, by issuing its “Order Conditionally Approving Proposed Disclosure Document, Setting Hearing on Final Approval of Proposed Disclosure Document and Confirmation of Chapter 11 Plan, Setting Various Deadlines and Describing Plan Proponent’s Obligations.” Upon entry of such order, the plan proponent must serve the order, plan and disclosure statement on the parties required by Bankruptcy Rule 3017(d), along with a ballot in the form required by Local Rule 3018-1.

☞ 2020 Amendment:  Local Rule 3017-2 is supplemented to allow for conditional approval of the disclosure statement in a small business case because such approval should not prejudice creditors, who may still object to the adequacy of a disclosure statement at a combined hearing on confirmation.