Local Rule 3016-1: Status Conferences in Chapter 11 Cases

Rule 3016-1 Status Conferences in Chapter 11 Cases

(a) Scheduling. (1) [A] The court may, upon its own motion or upon request by a party in interest, set a case for a status and scheduling conference. [B] Unless set by the court on its own motion or requested by the debtor, the status conference will ordinarily not be scheduled less than forty-five (45) days after the order for relief is entered.

(2) Any party in interest or the United States trustee may request the court set a status and scheduling conference by submitting a Calendar Request (AK LBF 7).

(b) Notice.

(1) Notice of the status and scheduling conference hearing must be given to all parties in interest not less than fourteen (14) days prior to the conference date.

(2) Unless otherwise ordered by the court: [A] if the status and scheduling conference is made at the request of a party in interest, the party requesting the status and scheduling conference must provide the required notice; and [B] status and scheduling conferences set by the court on its own motion will be noticed by the debtor in possession (or trustee, if one has been appointed).

(c) Conference Statement.

(1) Not less than seven (7) days before the date set for the status and scheduling conference, the debtor in possession (or trustee, if one is appointed) must file with the court a statement of the status of the case, including: [A] any pending proceedings and the impact, if any, on the formulation of the plan; [B] any proceedings contemplated to be initiated by the debtor in possession, including any actions to avoid preferential or fraudulent transfers, recover property of the estate, or any other proceeding materially affecting the reorganization or rehabilitation of the debtor, providing— (i) brief description of the proceedings, (ii) date by which the debtor intends to initiate the action, (iii) date by which it is anticipated the proceedings will be concluded, excluding any appeal time, (iv) the impact of the proceedings on the formulation of a plan; [C] any unusual or extraordinary administration problems known to or anticipated by the debtor in possession; [D] the date by which the debtor in possession anticipates filing a plan and its accompanying disclosure statement; [E] recommendation by the debtor in possession concerning scheduling and whether combining the hearing on approval of the disclosure statement with the plan confirmation hearing is appropriate; and [F] such other information as the debtor in possession may deem appropriate and necessary to setting a schedule for matters to be brought before the court.

(2) The status report must be transmitted to the United States trustee and served on any committee appointed under the Code.

(3) Not less than three (3) business days before the date scheduled for the status and scheduling conference, any party in interest, including the United States trustee, may file with the court and serve on the debtor in possession (or trustee, if one has been appointed) and transmit to the United States trustee, a written statement covering those matters provided for in paragraph (c)(1).

(d) Conference. At the status and scheduling conference, the court may: (1) set the date by which the debtor (or trustee, if one has been appointed) must accept or reject an executory contract or unexpired lease; (2) set the date by which the debtor (or trustee, if one has been appointed) must file a plan and disclosure statement; (3) set the date by which a party in interest, other than the debtor, may file a plan and disclosure statement; (4) set the date by which the debtor (or trustee, if one has been appointed) will solicit acceptances of the plan; (5) fix the notice to be provided regarding the hearing on approval of the disclosure statement; (6) provide that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan; (7) direct that a particular format of plan or disclosure statement must be used or provide for any deviation from the requirements of the Federal or Local Rules; (8) set the claims bar date; (9) set the date by which the debtor (or trustee, if one has been appointed) and/or any interested party must file objections to claims filed; (10) set the date by which the debtor (or trustee, if one has been appointed) must file any actions to avoid transfers or recover property of the estate; or (11) enter any other order relating to the efficient, economical and expeditious administration of the bankruptcy estate as the court may deem necessary or appropriate in the case.