Local Rule Rule 3017.1-1: Objections to Approval of Disclosure Statements in Small Business or Subchapter V Cases

Rule 3017.1-1. Objections to Approval of Disclosure Statements in Small Business or Subchapter V Cases For purposes of Federal Rules of Bankruptcy Procedure 3017.1(c)(2) and 9014(a), any objection to the approval of a disclosure statement in a small business or subchapter V case need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c).

[Effective January 1, 2002. Amended effective January 9, 2006; October 1, 2019; January 1, 2021; September 3, 2025.]

2025 Advisory Committee Notes Local Rule 3017.1-1 was retitled to reflect that it only addresses objections to a disclosure statement in small business or subchapter V cases. Subsection (a) was removed to ensure consistency 11 U.S.C. §§ 1125(f), 1181, and 1187, as well as Fed. R. Bankr. P. 3017.1(b). Under the referenced statutes, a small business or subchapter V debtor may not need to file a separate disclosure statement if the court determines that adequate information is contained in the plan. The provisions about transmitting the plan and the disclosure statement were removed as unnecessary because that requirement is addressed in Fed. R. Bankr. P. 3017(d), which is incorporated by Fed. R. Bankr. P. 3017.1(b). Subsection (b) was removed to ensure consistency with Fed. R. Bankr. P. 3017.1, which allows a disclosure statement to be conditionally approved by motion. Notice of the time to file objections is sent after conditional approval. See Fed. R. Bankr. P. 3017.1(c)(1). Subsection (c) was removed as transmittal and notice requirements are addressed in Fed. R. Bankr. P. 3017.1(a) and (c)(1). Finally, subsection (d) was removed as the amended text of Local Rule 3017.1-1 makes clear that for purposes of Fed. R. Bankr. P. 3017.1(c)(2) and 9014(a), any objection to the approval of a disclosure statement in a small business or subchapter V case need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c). For example, no notice of hearing and motion is required. The final hearing on the disclosure statement is the relevant hearing for purposes of the objection and no separate notice of hearing is required. However, parties must still comply with the service requirements of Fed. R. Bankr. P. 3017.1(c)(2), 9014(b), and 7004, as well as Local Rules 9013-2 and 9036-1. The time for objecting to a disclosure statement will be set by the court in an order under Fed. R. Bankr. P. 3017.1(a).