3017-1. CH 11 DISCLOSURE STATEMENT HEARING

3017-1. Chapter 11 Disclosure Statement Hearing.

Except as to small business cases subject to the provisions of 11 U.S.C. § 1125 (f), unless otherwise ordered, the plan proponent shall comply with the following procedures:

(a) The plan proponent may calendar and notice the disclosure statement hearing without necessity of a Court order, notwithstanding Official Form No. 12. Notice of the hearing shall be served by mail or electronically on the debtor, creditors, equity security holders, United States Trustee, Securities and Exchange Commission, and other parties in interest not less than 35 days prior to the hearing. The notice shall contain the information required by Official Form No. 12 and, unless the Court orders otherwise, shall state that the deadline for the filing of objections is 7 days prior to the hearing. The proposed plan and proposed disclosure statement shall be served, with the notice, only on the United States Trustee and the persons mentioned in the second sentence of Bankruptcy Rule 3017(a). A certificate of service of the foregoing documents must be filed at least 7 days prior to the hearing.

(b) At least 3 days prior to the hearing (and any continued hearing), the plan proponent shall advise the Judge’s chambers by telephone whether the proponent intends to go forward with the hearing.

(c) The plan proponent may establish that the disclosure statement meets the applicable requirements of 11 U.S.C. §§ 1125(a) and (b) by offer of proof, declaration or, if the Court so permits or requires, live testimony. In all cases, a competent witness must be present. Briefs are not required.

(d) At the conclusion of the disclosure statement hearing, the plan proponent shall be prepared to advise the Court of the amount of Court time the confirmation hearing will require. If a contested confirmation hearing is anticipated, the Court will entertain requests that scheduling procedures be established concerning the filing of briefs, exchange and marking of exhibits, disclosure of witnesses, and discovery.

(e) In the event the plan proponent receives an objection to the disclosure statement, the proponent must make a good faith effort to confer with the objecting party to discuss the disclosure statement and to resolve the objection on a consensual basis.

(f) A plan proponent desiring a continuance of the hearing on a disclosure statement shall appear at the scheduled hearing to request a continuance.

(g) Upon approval of the disclosure statement, the plan proponent shall submit to the Court a proposed Order Approving Disclosure Statement and Fixing Time conforming to Official Form No. 13.


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