ClickCease

Rule 3017-1-1. Small Business Debtor Disclosure Statement-Conditional and Final Approval.

(a) FILING OF APPLICATION, PLAN AND PROPOSED DISCLOSURE STATEMENT. If the debtor has elected treatment as a small business, the plan proponent shall file a plan and proposed disclosure statement together with an application requesting conditional approval of the disclosure statement within the time period specified in §1121(e) of the Code. The plan proponent shall transmit the plan and proposed disclosure statement, together with the application, to the debtor, the United States Trustee and, if one has been appointed, to the committee of unsecured creditors.

(b) REVIEW AND COMMENT BY UNITED STATES TRUSTEE. The United States Trustee and any Committee shall transmit and file objections, if any, to the proposed disclosure statement within seven days of transmittal of the proposed disclosure statement and plan to the debtor, the plan proponent, the United States Trustee or Committee. If no timely objections are filed, then the court may enter an order conditionally approving the disclosure statement. If objections are timely filed, the court may schedule a hearing on the objections or may enter an order granting or denying conditional approval of the disclosure statement without a hearing.

(c) TRANSMITTAL OF PLANS AND CONDITIONALLY APPROVED DISCLOSURE STATEMENTS. If the court conditionally approves the disclosure statement and unless the court orders otherwise, the proponent shall transmit the plan and conditionally approved disclosure statement, an approved ballot to accept or reject the plan, and the order conditionally approving the disclosure statement to all creditors, equity security holders, and other parties in interest as provided in Local Rule 2002-1(b), and file proof of transmittal.

(d) OBJECTIONS TO DISCLOSURE STATEMENTS. Local Rule 3020-1 applies to objections to conditionally approved disclosure statements and objections to confirmation of the plan filed in a case where the debtor has elected treatment as a small business