Local Rule 3016-2: Disclosure Statement - General

Rule 3016-2 Disclosure Statement - General

(A) Generally. A chapter 11 plan proponent must simultaneously file a chapter 11 disclosure statement and a proposed chapter 11 plan of reorganization. The plan and disclosure statement must substantially conform to Official Form 25A and Official Form 25B, respectively. The Court will issue an order setting the time and place for the hearing on the adequacy of the disclosure statement and the specific date fixed for filing any objections.

(1) If no objections are filed, the debtor-in-possession may file a motion excusing the debtor-in-possession's appearance at the hearing.

(B) Small Business Debtor. A small business debtor seeking to file a plan without a separate disclosure statement pursuant to 11 U.S.C. § 1125(f)(1), must first file a motion for determination that the plan itself provides adequate information and that a separate disclosure statement is not necessary.

(1) The debtor must serve the motion and copy of the proposed plan on the United States Trustee; any appointed trustee; any official creditors' committee; if no official creditors' committee is appointed, then the 20 largest unsecured creditors; all secured creditors; all priority creditors; and, parties requesting notice.

(2) If no objections are filed, the court will enter its order scheduling the plan confirmation hearing.

(3) If any objections are filed, the court will set the matter for hearing.