Local Rule 3016-1: CHAPTER 11 PLAN AND DISCLOSURE STATEMENT
Bankr. D.S.C. — General rule
LOCAL RULE 3016-1: CHAPTER 11 PLAN AND DISCLOSURE STATEMENT a. Deadline. Except in a statutorily defined small business case, a case under subchapter V of Chapter 11, or unless otherwise ordered by the Court, a disclosure statement and plan of reorganization shall be filed by the debtor or trustee not later than one hundred eighty (180) days after the entry of the order for relief. The debtor, trustee, or other plan proponent shall prosecute its disclosure statement and plan in a timely manner.
b. Modifications. At the hearing on the disclosure statement or plan, the Court may consider for approval written modifications made prior to the hearing. Except in a statutorily defined small business case or a case under subchapter V of Chapter 11 where the appropriate Official Form plan is filed, to the extent a modification to the disclosure statement or plan is filed with the Court modifying the previously filed document, the proposing party shall file on the docket both a clean and "redlined" version of the modified document providing a comparison of the document reflecting any changes (i.e., added language can be in bold, while deleted language can be reflected as being struck through). To the extent service of the modified document is required by the applicable law, the redlined version should only be filed on the docket but not served.
c. Denial of Confirmation. If any plan of reorganization or disclosure statement filed by the debtor, trustee, or other plan proponent is not confirmed or approved by the Court, the case may be dismissed or converted without further notice or hearing if the plan proponent fails to file a new disclosure statement and plan, as applicable, within 14 days (or such other period as is ordered) after the hearing that resulted in denial of confirmation or not approving the disclosure statement.
Notes:
(2022) Paragraph (a) clarifies that this rule does not apply to cases under subchapter V of Chapter 11. Portions of Chambers Guidelines were moved to paragraph (b).
(2023) Paragraph (c) was amended to incorporate provisions of former SC LBR 1017-2(b) providing for dismissal or conversion.