Local Rule 3017-2: Combined Hearing on Disclosure Statement Approval and Plan Confirmation in a Chapter 11 Case

Rule 3017-2 Combined Hearing on Disclosure Statement Approval and Plan Confirmation in a Chapter 11 Case.

(a) Application. This Local Rule applies when a plan proponent requests a combined hearing on disclosure statement approval and plan confirmation, except a prepackaged plan.

(b) Interim Disclosure Statement Approval; Solicitation Procedures and Scheduling Combined Hearing on Approval of Disclosure Statement Adequacy and Plan Confirmation.

(i) Motion Required. A plan proponent may file a motion requesting, as applicable, (A) authority to combine the plan and disclosure statement into a single document; (B) interim disclosure statement approval; (C) approval of solicitation procedures; and (D) scheduling a joint hearing to consider final approval of the adequacy of the disclosure statement and confirmation of the proposed plan.

(ii) Notice, Objection Deadline, and Hearing. The motion must be filed at least 21 days before the hearing and be served on the parties listed in Local Rule 2002-1(b), and, if the debtor issued publicly traded securities, the SEC. The claims agent must also post the notice on the case website. If no objection is filed within 14 days after the motion is served, then the Court may grant the motion without a hearing.

(iii) Contents of Motion. The motion must identify the proposed balloting agent and any voting procedures.

(iv) Certification. The motion must certify that the notice of the deadline to object to final approval of the adequacy of the disclosure statement and confirmation of the proposed plan will comply with Fed. R. Bankr. P. 2002(b), and that the proposed date for the joint hearing will be at least 7 days after the deadline, unless the Court orders otherwise.

(v) Proposed Order. The motion must be accompanied by a proposed order that:

(A) Sets the joint hearing date;

(B) Approves the disclosure statement on an interim basis;

(C) Approves the voting procedures, including establishing a record date under Fed. R. Bankr. P. 3017(d) and 3018(a) and a voting deadline at least 10 days before the joint hearing;

(D) Approves the form of notice to be provided to creditors and interest holders; and

(E) Approves the form of ballot, and, if the plan seeks a consensual third-party release or injunction, then the ballot must disclose the release or injunction and describe how to assent to or oppose the release or injunction.