Local Rule 3019-1: Modification of Chapter 11 Plan

Rule 3019-1 Modification of Chapter 11 Plan

(a) Amendment/Modification Before Confirmation.

(1) Before Approval of Disclosure Statement. The proponent of an amendment or modification to a proposed plan or disclosure statement before the disclosure statement has been approved must, concurrently with filing the amended or modified plan or disclosure statement: [A] transmit a copy to the United States trustee; and [B] serve a copy on— (i) the debtor, (ii) the trustee (if one has been appointed), (iii) any committee appointed in the case, and (iv) any other interested party previously provided a copy of the proposed plan and disclosure statement being amended or modified, or who has filed an objection to the proposed disclosure statement being amended or modified.

(2) After Approval of Disclosure Statement. The proponent of an amendment or modification to a proposed plan or disclosure statement after the disclosure statement has been approved must, concurrently with filing the amended or modified plan or disclosure statement: [A] transmit a copy to the United States trustee; and [B] serve a copy on— (i) the debtor, (ii) the trustee (if one has been appointed), (iii) any committee appointed in the case, and (iv) any other party in interest whose treatment under the proposed plan has been amended, modified or otherwise affected by the proposed amendment or modification to the proposed plan.

(3) Redlined Copy. [A] The proponent of an amendment or modification to a proposed chapter 11 plan or disclosure statement must, concurrently with filing the amended or modified plan or disclosure statement with the court, separately file a redlined, highlighted or marked up copy of the amendment or modification. [B] The redlined copy must indicate all changes, amendments and modifications made to the proposed plan or disclosure statement.

(b) Modification After Confirmation.

(1) The proponent of a modification of a confirmed plan must comply with the requirements of AK LBR 3016-1, 3016-2, 3017-1, 3017-2, 3020-1, and paragraph (a)(3) of this rule, except that the notice required by AK LBR 3020-1 will specify that the holder of a claim or interest who has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the holder changes the holder's previous acceptance or rejection in writing prior to the date of the confirmation hearing on the modified plan.

(2) Compliance with AK LBR 3016-1, 3016-2, 3017-1, 3017-2, or 3020-1, will not be required if the court finds, after hearing on notice to the debtor, trustee (if one has been appointed), United States trustee, any committee appointed under the Code and any other entity designated by the court, that the proposed modification does not adversely change the treatment of any creditor or the interest of any equity security holder who has not accepted, in writing, the modification, in which case it will be deemed accepted by all creditors and equity security holders who have previously accepted the plan.