Skip to main content

Rule 3016-2. Disclosure Statement – Not Small Business A. Disclosure Statement. Chapter 11 disclosure statements must include at least three years each of detailed financial operating histories and operating projections, including projected plan payments and tax consequences. Data for longer or shorter periods may be required. This subparagraph is not applicable to cases under Subchapter V of Chapter 11.

B. Approval of Disclosure Statement.

1. Conditional Approval. The Court may conditionally approve a disclosure statement. On or before conditional approval of the disclosure statement, the Court shall:

a. Fix a time for filing objections to the disclosure statements; b. Fix a date for the hearing on final approval of the disclosure statement to be held if a timely objection is filed; c. Fix a date for the hearing on confirmation; and d. Fix a time within which the holders of claims and interests may accept or reject the plan.

2. Application of Fed. R. Bankr. P. 3017. If the disclosure statement is conditionally approved, Fed. R. Bankr. P. 3017(a) and (e) do not apply. Conditional approval of the disclosure statement is considered approval of the disclosure statement for the purpose of applying Fed. R. Bankr. P. 3017(d).

3. Objections and Hearing on Final Approval. Notice of the time fixed for filing objections and the hearing to consider final approval of the disclosure statement shall be given in accordance with Fed. R. Bankr. P. 2002 and may be combined with notice of the hearing on confirmation of the plan. Objections to the disclosure statement shall be filed, transmitted to the United States Trustee, and served on the debtor, the trustee, any committee appointed under the Bankruptcy Code, and any other entity designated by the Court at any time before final approval of the disclosure statement or by an earlier date as the Court may fix. If a timely objection to the disclosure statement is filed, the Court shall hold a hearing to consider final approval before or combined with the hearing on confirmation of the plan.