Rule 3017.1 Disclosure Statement in a Small Business Case or a Case Under Subchapter V of Chapter 11
CLAIMS; PLANS; DISTRIBUTIONS TO CREDITORS AND EQUITY SECURITY HOLDERS
Rule Text
This section (a) applies in a small business case or in a case under Subchapter V of Chapter 11 in which the court has ordered that § 1125 applies. The court may, on motion of the plan proponent or on its own, conditionally approve a disclosure statement filed under Rule 3016. On or before doing so, the court must:
(1) set the time within which the claim holders and interest holders may accept or reject the plan;
(2) set the time to file an objection to the disclosure statement;
(3) if a timely objection is filed, set the date to hold the hearing on final approval of the disclosure statement; and
(4) set a date for the confirmation hearing.
(b) Effect of a Conditional Approval.Rule 3017(a)–(c) and (e) do not apply to a conditionally approved disclosure statement. But conditional approval is considered approval in applying Rule 3017(d).
(c) Time to File an Objection; Date of a Hearing.(1) Notice. Notice must be given under Rule 2002(b) of the time to file an objection and the date of a hearing to consider final approval of the disclosure statement. The notice may be combined with notice of the confirmation hearing.
(2) • the debtor;
• the trustee;
• any appointed committee; and
• any other entity the court designates.
A copy must also be sent to the United States trustee.
(3) Hearing on an Objection to the Disclosure Statement. If a timely objection to the disclosure statement is filed, the court must hold a hearing on final approval either before or combined with the confirmation hearing.
(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)