Local Rule Rule 3016-3: Plan and Disclosure Statement in Small Business Cases and Cases Under Subchapter V of Chapter 11

Rule 3016-3. Plan and Disclosure Statement in Small Business Cases and Cases Under Subchapter V of Chapter 11 A. Applicability of Rule. This rule applies in small business cases as defined by § 101(51C) and cases under Subchapter V of Chapter 11. Except as specified in this Rule, the provisions of Local Rules 3016-1 and 3016-2 are not applicable in small business cases.

B. Form of Plan and Disclosure Statement. The disclosure and plan of reorganization in a small business case or a case under Subchapter V of Chapter 11 shall conform substantially to Official Forms 425A and 425B. Appropriate modifications to those forms are permitted.

C. Conditional Approval of Disclosure Statement. Pursuant to § 1125(f)(3)(A) and (C), upon the filing of a disclosure statement and plan of reorganization in a small business case or a case under Subchapter V of Chapter 11, the court will employ the procedures set forth in subparagraph B of Local Rule 3016-2.

D. Plan Reorganization as Disclosure Statement. If a debtor in possession or trustee intends, pursuant to § 1125(f)(1), that the plan is to serve as a disclosure statement, the plan shall be designated as such as required by Fed. R. Bankr. P. 3016(b) and filed (Utilize Official Form 425B or Local Form MOW 3016-3.1). A plan so designated shall be treated as a disclosure statement under Fed. R. Bankr. P. 3017.1.