Local Rule 3017-1: PROPOSED DISCLOSURE STATEMENTS IN CHAPTER 9 AND 11 CASES: TRANSMITTAL AND DISCLAIMER
Bankr. E.D.N.Y. — General rule
Rule 3017-1 PROPOSED DISCLOSURE STATEMENTS IN CHAPTER 9 AND 11 CASES: TRANSMITTAL AND DISCLAIMER
(a) Transmittal.
The proponent of a plan shall transmit all notices and documents required to be transmitted by Bankruptcy Rule 3017(a).
(b) Disclaimer.
Before a proposed disclosure statement has been approved, it shall have on its cover, in boldface type, the following language or words of similar import:
THIS IS NOT A SOLICITATION OF ACCEPTANCE OR REJECTION OF THE PLAN. ACCEPTANCES OR REJECTIONS MAY NOT BE SOLICITED UNTIL A DISCLOSURE STATEMENT HAS BEEN APPROVED BY THE COURT. THIS DISCLOSURE STATEMENT IS BEING SUBMITTED FOR APPROVAL BUT HAS NOT BEEN APPROVED BY THE COURT.
(c) Disclosure Statement Disclaimer in Small Business Cases.
When a chapter 11 case is a small business case as defined in Bankruptcy Code § 101(51C), after conditional approval, but before final approval of a proposed disclosure statement has been given, such statement shall have on its cover, in boldface type, the following language or words of similar import:
THE DEBTOR IN THIS CASE IS A SMALL BUSINESS. AS A RESULT, THE DEBTOR MAY DISTRIBUTE THIS DISCLOSURE STATEMENT BEFORE ITS FINAL APPROVAL BY THE COURT. IF AN OBJECTION TO THIS DISCLOSURE STATEMENT IS FILED BY A PARTY IN INTEREST, FINAL APPROVAL OF THIS DISCLOSURE STATEMENT WILL BE CONSIDERED AT OR BEFORE THE HEARING ON CONFIRMATION OF THE PLAN.
(d) Disclosure Statement Disclaimer for Joint Approval of Disclosure Statement and Plan.
Where the Court has authorized a joint hearing on approval of the disclosure statement and confirmation of the debtor's plan, but before final approval of a proposed disclosure statement has been given, the proposed disclosure statement shall have on its cover, in boldface type, the following language or words of similar import:
THE COURT HAS AUTHORIZED THE DEBTOR TO DISTRIBUTE THIS DISCLOSURE STATEMENT BEFORE ITS FINAL APPROVAL BY THE COURT. IF AN OBJECTION TO THIS DISCLOSURE STATEMENT IS FILED BY A PARTY IN INTEREST, FINAL APPROVAL OF THIS DISCLOSURE STATEMENT WILL BE CONSIDERED AT OR BEFORE THE HEARING ON CONFIRMATION OF THE PLAN.
REFERENCE: Bankruptcy Code § 101(51C)