DISCLOSURE STATEMENT - APPROVAL

U.S. Bankruptcy Court for the Northern District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Florida

Rule: 3017-1

Jurisdiction: NDFLB

Bluebook Citation: Bankr. N.D. Fla. R. 3017-1

(A) Upon the filing of the disclosure statement in cases under Chapter 11, the proponent of the plan shall serve copies of the disclosure statement and plan upon the debtor (if not the proponent), the debtor's attorney (if the debtor is not the proponent), the trustee (if any), the attorney for the creditors committee (if any), each member of the creditors committee, the 20 largest unsecured creditors if no creditor’s committee has been appointed, the Internal Revenue Service, the Securities and Exchange Commission, the United States trustee, and all parties in interest who have filed with the Clerk a request for notices pursuant to Bankruptcy Rule 2002. A certificate of such service shall be filed with the Clerk. (B) The attorney for the plan proponent shall send copies of the disclosure statement and plan to any other party in interest who requests a copy. (C) Objections to the proposed disclosure statement shall be filed and served on the debtor, the debtor's attorney, the attorney for the proponent of the plan (if other than the debtor), the United States trustee, and all parties entitled to be served copies of the disclosure statement and plan as listed above at least seven (7) days prior to the 50 hearing on the disclosure statement.

Any objections not timely filed shall be deemed waived. Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors. 2020 Amendment The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules.

Subdivision (A) is amended to remove any reference to the applicable department or office for the Internal Revenue Service, given the possibility of reorganization. At the time of this amendment, the appropriate office for service on the IRS is either the Centralized Insolvency Operation or, if applicable, the appropriate local Field Insolvency office. The address information for the Securities and Exchange Commission has been removed for similar reasons. Governmental mailing addresses may be obtainable through the register identified in Bankruptcy Rule 5003(e), which includes a conclusive presumption of proper addressing if mailed to the address on the register.

Subdivision (B) is amended to preclude the plan proponent from charging for delivery of the disclosure statement and plan. RULE 3017.1-1 DISCLOSURE STATEMENT - SMALL BUSINESS (A) In a small business case, a plan proponent may file a combined plan and disclosure statement, provided that the title of the document so indicates. (B) Objections and Hearing on Final Approval. Notice of the time fixed for filing objections and the hearing to consider final approval of the disclosure statement shall be given in accordance with Bankruptcy Rule 2002 and may be combined with notice of the hearing on confirmation of the plan.

Objections to the disclosure statement shall be filed, transmitted to the United States trustee, and served on the debtor, the plan proponent, if not the debtor, the trustee, any committee appointed under the Bankruptcy Code and any other person or entity designated by the Court at any time before final 51 approval of the disclosure statement or by an earlier date as the Court may fix. If a timely objection to the disclosure statement is filed, the Court shall hold a hearing to consider final approval before or combined with the hearing on confirmation of the plan. (C) If a disclosure statement is conditionally approved under § 1125(f) subject to final approval after notice and a hearing, and no timely objection to the disclosure statement is filed, it is not necessary for the Court to hold a hearing on final approval. Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.

2020 Amendment The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Former subdivision (A) has been removed as duplicative of the applicable Bankruptcy Rule and all subdivisions have been correspondingly renumbered.

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