APPROVAL OF DISCLOSURE STATEMENTS.
U.S. Bankruptcy Court for the District of Nevada
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EXPEDITED CONFIRMATION PROCEDURES; CONDITIONAL (a) Expedited chapter 11 plan confirmation procedures. A motion filed pursuant to this rule may request entry of an order implementing expedited confirmation procedures, including but not limited to: (1) Early deadlines for submitted plans and disclosure statements; (2) Conditional approval of disclosure statements without hearing; (3) Scheduling a combined hearing on the conditionally approved disclosure statement and confirmation of plan; and (4) Submission of a combined plan and disclosure statement. (b) Application to all chapter 11 cases. In any chapter 11 case, including small business chapter 11 cases, the court may, on application of the plan proponent or on its own initiative, conditionally approve a disclosure statement.
(c) Procedure for conditional approval. The plan proponent may file an ex parte motion for conditional approval of the disclosure statement seeking a combined hearing on the conditionally approved disclosure statement and confirmation of the plan. The application must be accompanied by the proposed disclosure statement and by a certificate stating: (i) the circumstances that favor the preliminary approval of the disclosure statement; (ii) the total number of creditors, value of assets, and amount of claims as reflected in the debtor's schedules; and (iii) that the proposed disclosure statement contains the information required by the Official Form. The notice of the combined hearing on the conditionally approved disclosure statement and confirmation of the plan must clearly provide that creditors and parties in interest may object to the conditionally approved disclosure statement as permitted by Fed. R. Bankr. P. 3017.1, at the combined hearing.
(d) Non-small business cases. Except as otherwise provided herein, Fed. R. Bankr. P. 3017.1 applies to all non-small business cases. 24 | P a g e U.S. Bankruptcy Court District of Nevada LR 3018.
BALLOTS - VOTING ON CHAPTER 11 PLAN.
(a) Filing of ballot summary. Unless otherwise ordered, the proponent of a chapter 11 plan must: (1) File a Certification of Acceptance and Rejection of Chapter 11 Plan (ballot summary) no later than one (1) business day before the hearing on plan confirmation. The ballot summary must be signed by the plan proponent and must certify to the court the amount and number of allowed claims of each class accepting or rejecting the plan and the amount of allowed interests of each class accepting or rejecting the plan; and, (2) Have all of the original ballots available at the hearing for inspection and review by the court and any interested party. (b) Submission of ballots.
Unless otherwise ordered by the court, all original ballots will be delivered to the plan proponent. Any original ballots received by the clerk will be forwarded to the plan proponent, unless otherwise ordered by the court. (c) Amended ballot summary. In addition to the above requirements, the court may order an amended ballot summary to be filed, with the original ballots attached.
(d) Duty of plan proponent. The plan proponent must: (1) Tabulate the ballots of those accepting and rejecting the plan; and (2) Maintain those original ballots for a period of not less than the time required for the retention of originally signed documents in the electronic filing procedures described in LR 9004. In the event that the bankruptcy case is dismissed without confirmation, the plan proponent is not required to maintain the original ballots for the time periods specified in this rule.