Chapter 11 − Objections to Approval of Disclosure Statements

For purposes of Federal Rules of Bankruptcy Procedure 3017(a) and 9014(a), any objection to the approval of a disclosure statement in a chapter 11 case need only comply with Local Rules 9006- 1(b) and 9013-1(b) and (c). [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; October 1, 2019; January 1, 2021; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3017-1 was retitled and amended to reflect that for purposes of Fed. R. Bankr. P. 3017(a) and 9014(a), any objection to the approval of a disclosure statement in a chapter 11 case need only comply with Local Rules 9006- 1(b) and 9013-1(b) and (c). For example, no notice of hearing and motion is required. The hearing on the disclosure statement is the relevant hearing for purposes of the objection and no separate notice of hearing is required.

However, parties must still comply with the service requirements of Fed. R. Bankr. P. 3017(a), 9014(b), and 7004, as well as Local Rules 9013-2 and 9036-1. 27 Rule 3017.1-1. Objections to Approval of Disclosure Statements in Small Business or Subchapter V Cases For purposes of Federal Rules of Bankruptcy Procedure 3017.1(c)(2) and 9014(a), any objection to the approval of a disclosure statement in a small business or subchapter V case need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c). [Effective January 1, 2002. Amended effective January 9, 2006; October 1, 2019; January 1, 2021; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3017.1-1 was retitled to reflect that it only addresses objections to a disclosure statement in small business or subchapter V cases.

Subsection (a) was removed to ensure consistency 11 U.S.C. §§ 1125(f), 1181, and 1187, as well as Fed. R. Bankr. P. 3017.1(b). Under the referenced statutes, a small business or subchapter V debtor may not need to file a separate disclosure statement if the court determines that adequate information is contained in the plan. The provisions about transmitting the plan and the disclosure statement were removed as unnecessary because that requirement is addressed in Fed. R. Bankr. P. 3017(d), which is incorporated by Fed. R. Bankr. P. 3017.1(b). Subsection (b) was removed to ensure consistency with Fed. R. Bankr. P. 3017.1, which allows a disclosure statement to be conditionally approved by motion.

Notice of the time to file objections is sent after conditional approval. See Fed. R. Bankr. P. 3017.1(c)(1). Subsection (c) was removed as transmittal and notice requirements are addressed in Fed. R. Bankr. P. 3017.1(a) and (c)(1). Finally, subsection (d) was removed as the amended text of Local Rule 3017.1-1 makes clear that for purposes of Fed. R. Bankr. P. 3017.1(c)(2) and 9014(a), any objection to the approval of a disclosure statement in a small business or subchapter V case need only comply with Local Rules 9006- 1(b) and 9013-1(b) and (c).

For example, no notice of hearing and motion is required. The final hearing on the disclosure statement is the relevant hearing for purposes of the objection and no separate notice of hearing is required. However, parties must still comply with the service requirements of Fed. R. Bankr. P. 3017.1(c)(2), 9014(b), and 7004, as well as Local Rules 9013-2 and 9036-1. The time for objecting to a disclosure statement will be set by the court in an order under Fed. R. Bankr. P. 3017.1(a).

Rule 3019-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 1, 2021. Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3019-1 was abrogated to ensure consistency with Fed. R. Bankr. P. 3019 and 11 U.S.C. § 1127. Federal Rule of Bankruptcy Procedure 3019(a) remarks, “In a . . .

Chapter . . . 11 case, after a plan has been accepted and before confirmation, the plan proponent may file a modification.” Therefore, subsection (a) was unnecessary. Similarly, Fed. R. Bankr. P. 3019(b) remarks that for individual chapter 11 cases, a request to modify the plan under 11 U.S.C. § 1127(e) is governed by Fed. R. Bankr. P. 9014. Federal Rule of Bankruptcy Procedure 9014(a) generally requires a motion.

While Fed. R. Bankr. P. 3019 does not address non-individual cases, 11 U.S.C. § 1127(b) makes clear that notice and a hearing is required, as well as a court order confirming the plan. To obtain a court order, the proponent of the plan or the reorganized debtor would be required to file a motion. See generally Fed. R. Bankr. P. 9013(a) (“A request for an order must be made by written motion unless: (1) an application is authorized by these rules; or (2) the request is made during a hearing.”). Therefore, subsection (b) was also unnecessary.

28 Rule 3020-1. Chapter 11 − Confirmation of a Plan (a) OBJECTIONS. For purposes of Federal Rules of Bankruptcy Procedure 3020(b)(1) and 9014(a), any objection to confirmation of a chapter 11 plan need only comply with Local Rules 9006- 1(b) and 9013-1(b) and (c). (b) REPORT OF BALLOT TABULATION.

Attorneys for the plan proponent and the committee of unsecured creditors must count the ballots and file a report of the tabulation not later than 24 hours before the confirmation hearing. The report must conform substantially to Local Form 3020-1. [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; October 1, 2019; January 1, 2021; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3020-1 was amended to reflect current practice and to ensure consistency with Fed. R. Bankr. P. 3020. Subsection (a) was amended to make clear that for purposes of Fed. R. Bankr. P. 3020(b)(1) and 9014(a), any objection to confirmation of a chapter 11 plan need only comply with Local Rules 9006-1(b) and 9013-1(b) and (c).

For example, no notice of hearing and motion is required. The confirmation hearing is the relevant hearing for purposes of the objection and no separate notice of hearing is required. With that change, subsection (a)(1) was removed. However, parties must still comply with the service requirements of Fed. R. Bankr. P. 3020(b)(1), 9014(b), and 7004, as well as Local Rules 9013-2 and 9036-1.

Subsection (a)(2) was also removed as unnecessary. The court enters a scheduling order that contains a deadline for objecting to confirmation of a chapter 11 plan. The changes to subsection (b) are stylistic only; no substantive changes were intended. Local Form 3020-2 was renumbered to Local Form 3020-1 and restyled.

Subsection (c) was removed in its entirety as unnecessary and to ensure consistency with Fed. R. Bankr. P. 3020(b)(3). Federal Rule of Bankruptcy Procedure 3020(b)(3) allows the court to make certain determinations without receiving evidence if no objection is filed.