Rule 3017-2 : Combined Chapter 11 Plan and Disclosures in Small Business Cases


(a) Motion to File a Chapter 11 Plan Without a Separate Disclosure Statement: A small business debtor who seeks to file a plan without a separate disclosure statement pursuant to 11 U.S.C. § 1125(f)(1), must first file a motion for determination that the plan itself provides adequate information and that a separate disclosure statement is not necessary (the “Motion”).

(1) Filing Requirement: In order to assist the small business debtor and the court in meeting the requirements of 11 U.S.C. §§ 1121(e) and 1129(e), the Motion must set forth the following proposed deadlines and dates:

(A) Date by which the debtor will need the court’s initial determination regarding adequate information in order to meet all other deadlines.

(B) Date by which the debtor must file its chapter 11 plan.

(C) Date by which the debtor must mail its plan and ballot to all creditors and other parties in interest pursuant to FED. R. BANKR. P. 2002(b) and 3017.

(D) Deadline for all parties to file written acceptances or rejections of the plan.

(E) Deadline for all parties to file written objections to the plan and final determination under 11 U.S.C. § 1125(f)(1).

(F) Date by which the debtor will need a hearing on confirmation of the plan in order to stay within the deadlines in 11 U.S.C. §§ 1121(e) and 1129(e).

The proposed plan and disclosures objection deadline and proposed acceptance or rejection deadline may be the same date.

(2) Notice: The debtor must serve the Motion on the United States Trustee, any case trustee and parties requesting notice.

(3) Orders: The court may, in its discretion, enter an order without a hearing on notice as the court may direct.

(b) Order: If the court initially determines that the plan itself provides adequate information and that a separate disclosure statement is not necessary, the court will issue an order in substantial conformity with L.B. Form 3017-2.1.

(1) Notice: The debtor must serve the order, plan and ballot on all creditors and other parties in interest pursuant to FED. R. BANKR. P. 2002(b).

(2) Certificate of Service: The debtor must file a certificate of service as to the order, plan and ballot within three (3) court days of service.

(c) Objections: Objections to the information and disclosures contained in the plan must comply with L.B.R. 3017-1(b).

Commentary

[Source: New]

The court will attempt to accommodate the debtor’s proposed deadlines and dates to the extent it is able. Notwithstanding the debtor’s requested or proposed dates, the debtor must comply with the applicable timeframes and requirements to obtain an extension pursuant to 11 U.S.C. §§ 1121(e) and 1129(e).


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