Fed. R. Bankr. P. 3017.1
Disclosure Statement in a Small Business Case or a Case Under Subchapter V of Chapter 11
(a) Conditionally Approving a Disclosure Statement.
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)
Time to File an Objection to the Disclosure Statement . An objection to the disclosure statement must be filed before it is finally approved or by an earlier date set by the court. The objection must be served on: • 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.
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 .)