Disclosure Statement – Approval

The transmission and notice required by subsection (d) of Fed. R. Bankr. P. 3017 shall be mailed by the proponent of the plan. LBR 3017.1-1 Disclosure Statement in a Small Business Case or Subchapter V Case (a) Procedure for Conditional Approval Under Bankruptcy Rule 3017.1. A plan proponent in a small business case, or in a case under Subchapter V of 25 Chapter 11 in which the court has ordered that § 1125 applies, may seek conditional approval of a disclosure statement, subject to final approval after notice and hearing, by filing a motion contemporaneously with the filing of the proposed plan of reorganization. Such motion shall contain a certificate of service evidencing service upon the parties designated by LBR 9013-1(b)(4) and shall be accompanied by a proposed order.

The motion may be presented to the court for immediate consideration upon notice to the United States Trustee and any case trustee. (b) Waiver. A plan proponent in a small business case may seek to waive the requirement of a disclosure statement because the proposed plan of reorganization itself provides adequate information. Such waiver may be sought by motion to be filed contemporaneously with the proposed plan of reorganization.

Such motion shall be served upon the parties designated by Local Bankruptcy Rule 9013-1(b)(4) and may contain fourteen (14) day “if and only if” notice language.