Local Rule 3017.1-1: COURT CONSIDERATION OF DISCLOSURE STATEMENT IN A SMALL BUSINESS CASE.

Local Rule of Bankruptcy Procedure 3017.1-1. COURT CONSIDERATION OF DISCLOSURE STATEMENT IN A SMALL BUSINESS CASE.

(a) Conditional Approval A plan proponent in a small business case, or in a Subchapter V case if a disclosure statement has been required by the Court, may seek conditional approval of a disclosure statement, subject to final approval after notice and hearing, by filing a request with the Court contemporaneously with the filing of the proposed plan of reorganization. Such request shall contain a certificate of service evidencing service upon the parties designated by LBR 9013(f) and shall be accompanied by a proposed order substantially conforming to TXEB Local Form 3017.1. The request will not require negative notice language and will be presented to the Court for immediate consideration

(b) Waiver A plan proponent in a small business case may seek to waive the requirement of a disclosure statement because the proposed plan of reorganization itself provides adequate information. Such waiver may be sought by motion to be filed contemporaneously with the proposed plan of reorganization. Such motion shall be served upon the parties designated by LBR 9013(f) and must contain the following 14-day negative notice language, to be located in the motion text — preferably on the initial page:

14-DAY NEGATIVE NOTICE – LBR 3017.1(b):

Your rights may be affected by the relief sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief.

No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, this pleading shall be deemed to be unopposed, and the Court may enter an order granting the relief sought. If an objection is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter.